Email Terms of Service

MyLakeoftheWoods.com provides MyLakeoftheWoods.com Email (the "MyLakeoftheWoods.com Email Service") to MyLakeoftheWoods.com users. By using the MyLakeoftheWoods.com Email Service, you agree to be legally bound by this MyLakeoftheWoods.com Email User Agreement (the "User Agreement").

If you do not agree to this User Agreement please do not use the MyLakeoftheWoods.com Email Service. We reserve the right, at our discretion, to change, modify, add, or remove portions of this User Agreement at any time. Please check these terms periodically for changes. Your continued use of the MyLakeoftheWoods.com Email Service following the posting of changes to these terms will mean you accept those changes. You can always check out the most current version of the User Agreement on this page.

General Terms of Service and Restrictions on Use of Materials

If you do not comply with the User Agreement at any time, MyLakeoftheWoods.com reserves the right to terminate your account and your access to the MyLakeoftheWoods.com Email Service. MyLakeoftheWoods.com may discontinue or alter any aspect of the MyLakeoftheWoods.com Email Service, including, but not limited to,
(i) restricting the time the MyLakeoftheWoods.com Email Service is available,
(ii) restricting the amount of use permitted, and
(iii) restricting or terminating any user's right to use the MyLakeoftheWoods.com Email Service, at MyLakeoftheWoods.com's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the MyLakeoftheWoods.com Email Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the MyLakeoftheWoods.com Email Service. YOU MUST BE 15 OR OLDER TO USE THE MyLakeoftheWoods.com EMAIL SERVICE.

In order to permit MyLakeoftheWoods.com to protect its reputation, employees, affiliates, partners, stockholders, members and the quality of its products and services, you hereby consent to MyLakeoftheWoods.com employees being able to access your account and records on a case by case basis to investigate complaints or allegations of fraud, harassment, "spam," or illegal or misleading activity, or abuse. MyLakeoftheWoods.com shall not disclose the existence or occurrence of such an investigation unless required by law.

You acknowledge that the MyLakeoftheWoods.com Email Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. The MyLakeoftheWoods.com name and logo are trademarks of MyLakeoftheWoods.com. All other trademarks appearing on the MyLakeoftheWoods.com Email Service are trademarks of their respective owners. MyLakeoftheWoods.com's partners may also have additional proprietary rights in the Content which they make available through the MyLakeoftheWoods.com Email Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.

Account, Password, and Security

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration process. You will be required to choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify MyLakeoftheWoods.com immediately of any unauthorized use of your account or any other breach of security.

If you elect to register to use the MyLakeoftheWoods.com Email Service you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the MyLakeoftheWoods.com contact form. If you provide any information that is untrue, inaccurate, or incomplete, or MyLakeoftheWoods.com has reasonable grounds to suspect that such is the case, MyLakeoftheWoods.com has the right to suspend or terminate your account without notice to you and to refuse any and all current or future use of the MyLakeoftheWoods.com Email Service (or any portion thereof).

Email Message Storage, Outbound Messages and Other Limitations

The amount of Email storage space per member is limited. Some Email messages may not be processed due to space constraints or outbound message limitations. You agree that MyLakeoftheWoods.com is not responsible or liable for the deletion or failure to store messages or other information.

Unsolicited Email/ Illegal Activities

MyLakeoftheWoods.com reserves the right to immediately suspend, terminate, access and investigate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages or any harassing email messages or with any fraudulent, misleading or illegal activities. In addition, because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay MyLakeoftheWoods.com liquidated damages of $5 for each piece of unsolicited bulk Email transmitted from or otherwise connected with your account or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay MyLakeoftheWoods.com's actual damages, to the extent such actual damages can be reasonably calculated.

Privacy Policy

Please read the MyLakeoftheWoods.com Privacy Policy for information on privacy.

You acknowledge that all Content is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you email or otherwise transmit via the MyLakeoftheWoods.com Email Service. MyLakeoftheWoods.com does not control any of the Content transmitted via the MyLakeoftheWoods.com Email Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the MyLakeoftheWoods.com Email Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyLakeoftheWoods.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the MyLakeoftheWoods.com Email Service.

You agree to not use the MyLakeoftheWoods.com Email Service to: email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, an MyLakeoftheWoods.com official, another user of the MyLakeoftheWoods.com Email Services, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the MyLakeoftheWoods.com Email Service; email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disobey any requirements, procedures, policies or regulations of networks connected to the MyLakeoftheWoods.com Email Service; intentionally or unintentionally violate any applicable local, provicial, national or international law, "stalk" or otherwise harass others; harvest or in any other manner collect or store personal data about other users, or members; or interfere with another member's use and enjoyment of the MyLakeoftheWoods.com Email Service or another party's use and enjoyment of similar services; conduct illegal, fraudulent or misleading activities.

DISCLAIMER

MYLAKEOFTHEWOODS.COM utilizes diligent efforts to maintain the MYLAKEOFTHEWOODS.COM Email Service, but MYLAKEOFTHEWOODS.COM is not responsible for any defects or failures associated with the MYLAKEOFTHEWOODS.COM Email Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. MYLAKEOFTHEWOODS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MYLAKEOFTHEWOODS.COM DOES NOT MAKE ANY WARRANTY THAT THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MYLAKEOFTHEWOODS.COM OR THROUGH THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS USER AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYLAKEOFTHEWOODS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYLAKEOFTHEWOODS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE. IN NO EVENT SHALL MYLAKEOFTHEWOODS.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT DONATED BY YOU, IF ANY, FOR ACCESSING THIS SITE.

YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE MYLAKEOFTHEWOODS.COM EMAIL SERVICE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYLAKEOFTHEWOODS.COM, IT'S AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE USER AGREEMENT OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MYLAKEOFTHEWOODS.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that MyLakeoftheWoods.com, in its sole discretion, may, without prior notice to you, suspend or terminate your password, account (or any part thereof) or use of the MyLakeoftheWoods.com Email Service, and remove and discard any Content within the MyLakeoftheWoods.com Email Service, for any reason, including, without limitation, for lack of use or if MyLakeoftheWoods.com believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. MyLakeoftheWoods.com may also in its sole discretion and at any time discontinue providing the MyLakeoftheWoods.com Email Service, or any part thereof, with or without notice. You agree that any termination of your access to the MyLakeoftheWoods.com Email Service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that MyLakeoftheWoods.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MyLakeoftheWoods.com Email Service. Further, you agree that MyLakeoftheWoods.com shall not be liable to you or any third-party for any termination of your access to the MyLakeoftheWoods.com Email Service.

Non-Use of Account

Unless you have email forwarding set up for your account, MyLakeoftheWoods.com may terminate your account and delete all messages, files and other correspondence in your account without prior notice to you if you have not logged into or accessed your account for ninety consecutive days.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the Province of Manitoba, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the provincial or federal courts located in Winnipeg in the Province of Manitoba and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and MyLakeoftheWoods.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The User Agreement will inure to the benefit of MyLakeoftheWoods.com's successors, assigns and licensees.

Limitation on Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the MyLakeoftheWoods.com Email Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Violation of the User Agreement

Should you violate these User Agreement or any other rights of MyLakeoftheWoods.com and or the MyLakeoftheWoods.com Email Service, MyLakeoftheWoods.com reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts for any and all of the MyLakeoftheWoods.com Email Service.

Assignment

MyLakeoftheWoods.com reserves the right to assign this agreement, and any of its rights, responsibilities, duties or obligations, in whole or in part at any time. In the event that MyLakeoftheWoods.com assigns this agreement, MyLakeoftheWoods.com shall have no rights or obligations hereunder, unless otherwise stated.

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