Please read these Terms of Service carefully as they contain important information about your legal rights,
remedies and obligations. By accessing or using www.lizrdmail.com and the services provided by Lizrd Mail,
you and your customers agree to comply with and be bound by these Terms of Service.
PLEASE NOTE: These Terms of Service contain an arbitration clause and class action waiver that apply to you and your customers. If you reside in the United States, this provision applies to all disputes with Lizrd Mail. If you reside outside of the United States, this provision applies to any action you bring against Lizrd Mail in the United States. It affects how disputes with Lizrd Mail are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using Lizrd Mail!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Lizrd Mail (as defined below) governing your access to and use of the Lizrd Mail website including any subdomains thereof, and any other websites or applications through which Lizrd Mail makes the Lizrd Mail Services available (collectively, "Site" or "Website") our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application" or “Company Platform”) and all associated services (collectively, "Lizrd Mail Services"). The Application and Lizrd Mail Services together are hereinafter collectively referred to as the “Lizrd Mail Platform”.
When these Terms mention “Lizrd Mail,” “we,” “us,” or “our,” it refers to the Lizrd Mail company you are contracting with.
Any and all payment processing services through or in connection with your use of the Lizrd Mail Platform ("Payment Services") are provided to you by one or more Lizrd Mail Payments entities (individually and collectively, as appropriate, "Lizrd Mail Payments").
Members alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Member Services (and insuring that their customers and potential customers do the same). If you have questions about how local laws apply to your Member Service(s) on Lizrd Mail, you should always seek legal guidance.
1.1 The Lizrd Mail Platform is an online marketplace that enables registered users (“Members”) to
ecollect information from and communicate with subscribers and customers
(“Subscribers” or “Customers”) through Lizrd Mail Services (“Member Services”).
For the sake of clarity “Customers” as defined herein does not mean customers of Lizrd Mail,
but subscribers, customers and potential customers of Members.
1.2 As the provider of the Lizrd Mail Platform. Members alone are responsible for their Member Services. When Members collect or share information they are entering into a contract directly with each Customer. Lizrd Mail is not and does not become a party to or other participant in any contractual relationship between Members and Customers, nor is Lizrd Mail a broker or insurer. Lizrd Mail is not acting as an agent in any capacity for any Member or Customer.
1.3 Lizrd Mail has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Member Services, (ii) the truth or accuracy of any descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Lizrd Mail does not endorse any Member or Member Services.
1.4 If you choose to use the Lizrd Mail Platform as a Member (as defined below), your relationship with Lizrd Mail is limited to being an independent, third-party contractor, and not an employee, agent, joint-venturer or partner of Lizrd Mail for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Lizrd Mail.
1.5 The Lizrd Mail Platform may contain links to third-party websites or resources
(“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions
and privacy practices. Lizrd Mail is not responsible or liable for the availability or accuracy of such
Third-Party Services, or the content, products, or services available from such Third-Party Services.
Links to such Third-Party Services are not an endorsement by Lizrd Mail of such Third-Party Services.
1.6 Due to the nature of the Internet, Lizrd Mail cannot guarantee the continuous and uninterrupted availability and accessibility of the Lizrd Mail Platform. Lizrd Mail may restrict the availability of the Lizrd Mail Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Lizrd Mail Platform. Lizrd Mail may improve, enhance and modify the Lizrd Mail Platform and introduce new Lizrd Mail Services from time to time.
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access
and use the Lizrd Mail Platform or register a Lizrd Mail Account. By accessing or using the Lizrd
Mail Platform you represent and warrant that you are 18 or older and have the legal capacity and
authority to enter into a contract.
2.2 Lizrd Mail may make the access to and use of the Lizrd Mail Platform, or certain areas or features of the Lizrd Mail Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or your history of using the Lizrd Mail Platform.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Lizrd Mail Platform may be subject to separate policies or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and Conditions applicable to a specific area or feature of the Lizrd Mail Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 When you access the Website or download the Application, you agree to the terms and services or other applicable binding agreement of the platform through which you are accessing or downloading, including any browser, application store, or other platform.
3.1 Lizrd Mail reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Lizrd Mail Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Lizrd Mail Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("Lizrd Mail Account”) to access and use certain features of the Lizrd
Mail Platform. If you are registering a Lizrd Mail Account for a company or other legal entity, you represent
and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses
provided in these Terms.
4.2 You can register a Lizrd Mail Account using an email address and creating a password or through your account with Facebook ("SNS Account") if such feature is made available. You will have the ability to disable the connection between your Lizrd Mail Account and your SNS Account at any time, by accessing the "Settings" section of the Lizrd Mail Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Lizrd Mail Account and public Lizrd Mail Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Lizrd Mail Account unless Lizrd Mail authorizes you to do so. You may not assign or otherwise transfer your Lizrd Mail Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Lizrd Mail Account credentials and may not disclose your credentials to any third party. You must immediately notify Lizrd Mail if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Lizrd Mail Account. You are liable for any and all activities conducted through your Lizrd Mail Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 The Lizrd Mail Platform, Lizrd Mail Content, and other content may in its entirety or in part be protected by
copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that
the Lizrd Mail Platform and Lizrd Mail Content, including all associated intellectual property rights, are the
exclusive property of Lizrd Mail and/or its licensors or authorizing third-parties. You will not remove, alter or
obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying
the Lizrd Mail Platform, Lizrd Mail Content or other content, unless allowed by Lizrd Mail. All trademarks, service
marks, logos, trade names, and any other source identifiers of Lizrd Mail used on or in connection with the
Lizrd Mail Platform and Lizrd Mail Content are trademarks or registered trademarks of Lizrd Mail in the United
States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third
parties used on or in connection with the Lizrd Mail Platform, Lizrd Mail Content, and/or other content.
5.2 Intentionally omitted.
5.3 Subject to your compliance with these Terms, Lizrd Mail grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any content made available on or through the Lizrd Mail Platform and accessible to you.
5.4 You are solely responsible for all Member Content that you make available on or through the Lizrd Mail Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Lizrd Mail Platform or you have all rights, licenses, consents and releases that are necessary to grant to Lizrd Mail the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Lizrd Mail's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.5 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Lizrd Mail policy. Lizrd Mail may, without prior notice, remove or disable access to any Member Content that Lizrd Mail finds to be in violation of these Terms or Lizrd Mail’s then-current policies or otherwise may be harmful or objectionable to Lizrd Mail, its Members, third parties, or property. Lizrd Mail reserves the right to restrict, block, or otherwise modify and regulate any Member Content to ensure compliance with this paragraph.
5.6 Lizrd Mail respects copyright law and expects its Members to do the same. If you believe that any content on the Lizrd Mail Platform infringes copyrights you own, please notify us.
6.1 Lizrd Mail will charge (and Member agrees to pay) the fees described on the “Pricing” page of the Website. Member fees are not refundable and may change from time to time.
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Lizrd Mail Platform. In connection with your use of the Lizrd Mail Platform, you will not and will not assist or enable others to:
8.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously
renew for subsequent 30-day terms until such time when you or Lizrd Mail terminate the Agreement in accordance with
8.2 You may terminate this Agreement at any time via the "Cancel Account" feature (or similar feature made available) on the Lizrd Mail Platform or by sending us an email.
8.3 Without limiting our rights specified below, Lizrd Mail may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
8.4 Lizrd Mail may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the payment terms or our policies (ii) you have violated applicable laws, regulations or third party rights, or (iii) Lizrd Mail believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lizrd Mail, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
8.5 In addition, Lizrd Mail may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the payment terms or our policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Lizrd Mail Account registration or thereafter, (iv) you and/or your Member Services at any time fail to meet any applicable quality or eligibility criteria, or (v) Lizrd Mail believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lizrd Mail, its Members, or third parties, or to prevent fraud or other illegal activity:
If you choose to use the Lizrd Mail Platform you do so voluntarily and at your sole risk. The Lizrd Mail
Platform is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Lizrd Mail Services, laws, rules, or regulations that may be applicable to your Member Services you are receiving and that you are not relying upon any statement of law or fact made by Lizrd Mail.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
10.1 You acknowledge and agree that, to the maximum extent permitted by law, you and only you assume the
entire risk arising out of your access to and use of the Lizrd Mail Platform, including collecting and sharing
information with Customers and potential Customers and other parties. Neither Lizrd Mail nor any other party involved
in creating, producing, or delivering the Lizrd Mail Platform will be liable for any incidental, special, exemplary
or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer
damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily
injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability
to use the Lizrd Mail Platform, (iii) from any communications, interactions or meetings with Customers or potential
customers or other persons with whom you communicate, interact or meet with as a result of your use of the Lizrd Mail
Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal
theory, and whether or not Lizrd Mail has been informed of the possibility of such damage. The limitations of damages
set forth in this Agreement are fundamental elements of the basis of the bargain between Lizrd Mail and you.
10.2 You agree that under no circumstances shall Lizrd Mail be held accountable for damages of any kind, legal or otherwise; injuries (physical, psychological, emotional or otherwise); disagreements, controversies or disputes; or any other harms or potential harms arising out of your use of the Lizrd Mail Platform and any meetings between Members and Customers or potential customers to provide Member Services or any other services. You further agree to indemnify and hold harmless Lizrd Mail from any harms or potential harms or any damages, legal or otherwise, that may arise out of the meeting of a Member and Customer for the provision of Member Services. Likewise, under no circumstances is Lizrd Mail liable for any harms or damages or potential harms or damages arising out of a meeting of, between, or among a Member, Customer, or any third-party for any reasons including those other than the provision of Member Services or any other service described under this Agreement, or via the Lizrd Mail Platform.
11.1 You agree to release, defend (at Lizrd Mail’s option), indemnify, and hold Lizrd Mail and its affiliates and
subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities,
damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in
any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Lizrd Mail Platform
or any Lizrd Mail Services, (iii) your interaction with any Customer or potential customer or third party, including
without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise)
of any kind arising in connection with or as a result of such interaction, participation or use as set out in (but not
limited to) Paragraph 10.2 above, (iv) Lizrd Mail’s Collection and Remittance of any required taxes, or (v) your breach of
any laws, regulations or third party rights.
You agree to indemnify and hold harmless Lizrd Mail and its affiliates and principals from any damages or liabilities arising out of any breach of data privacy laws or regulations with respect to Customers, potential customers, or any individual from whom you collect data, including personal data. This includes the European Union Data Protection Directive (95 46 EC) and the General Data Protection Regulation and other similar laws and regulations in any jurisdiction in which you operate or provide services.
You agree to comply with all data and personal privacy laws, regulations and directives, including those of the European Union and all other jurisdictions in which you operate or provide services, and that it solely your duty to ensure compliance with such laws, regulations and directives, and not that of Lizrd Mail.
12.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do
not reside in the United States, but bring any claim against Lizrd Mail in the United States.
12.2 Overview of Dispute Resolution Process. Lizrd Mail is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Lizrd Mail’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules. Specifically, the process provides:
13.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Lizrd Mail Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Lizrd Mail Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
14.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 12 must be brought in state or federal court in New York, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, New York.
15.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, these Terms constitute
the entire Agreement between Lizrd Mail and you pertaining to the subject matter hereof, and supersede any and all prior
oral or written understandings or agreements between Lizrd Mail and you in relation to the access to and use of the Lizrd
15.2 No joint venture, partnership, employment, or agency relationship exists between you and Lizrd Mail as a result of this Agreement or your use of the Lizrd Mail Platform.
15.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
15.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.5 Lizrd Mail’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Lizrd Mail's prior written consent. Lizrd Mail may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
15.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Lizrd Mail via email, Lizrd Mail Platform notification, or messaging service (including SMS and WeChat).
15.8 If you have any questions about these Terms please email us.