Terms of Use
1. ACCEPTANCE OF TERMS
By accessing or using the Website, you represent that you are at least 18 years of age and, if acting on behalf of a company or organization, that you have authority to bind that entity to these Terms.
2. USE OF WEBSITE
2.1 Permitted Use
You may use the Website for lawful purposes only, including to learn about our services, submit inquiries, and engage with our content. You agree not to:
Violate any applicable federal, state, local, or international laws or regulations;
Interfere with or disrupt the security, integrity, or functionality of the Website;
Use the Website to transmit spam, malware, phishing content, or unauthorized commercial communications;
Attempt to gain unauthorized access to our systems, accounts, or data;
Scrape, crawl, or harvest content or data from the Website without our prior written consent;
Use the Website in any manner that could damage, disable, overburden, or impair our infrastructure;
Impersonate any person or entity or misrepresent your identity or affiliation;
Distribute, store, or transmit any unlawful, harmful, defamatory, fraudulent, or abusive content;
Circumvent, reverse-engineer, or attempt to derive source code from any portion of the Website; or
Use any automated means, bots, or scripts to access or interact with the Website without our prior written consent.
3. SERVICES DESCRIPTION AND DISCLAIMERS
3.1 Nature of Services
SendToWin LLC provides business-to-business managed outbound email marketing and LinkedIn campaign services. Information on this Website describing our services, capabilities, and results is for general informational purposes only and does not constitute a guarantee, warranty, or representation of specific outcomes.
3.2 No Performance Guarantee
SENDTOWIN LLC MAKES NO WARRANTY OR GUARANTEE OF ANY SPECIFIC RESULT, OUTCOME, LEAD VOLUME, REPLY RATE, OPEN RATE, INBOX PLACEMENT RATE, LINKEDIN CAMPAIGN PERFORMANCE, OR ANY OTHER PERFORMANCE METRIC. Outbound email deliverability is affected by third-party inbox providers, domain reputation, recipient behavior, and other factors outside our control. LinkedIn campaign results are subject to LinkedIn’s algorithms, policies, and enforcement actions, which are entirely outside our control. Past results described on this Website are not indicative of future performance.
3.3 Email and LinkedIn Compliance
Clients engaging our services are solely responsible for ensuring their own compliance with all applicable laws governing their outbound communications, including CAN-SPAM, TCPA, GDPR, and CCPA. SendToWin LLC does not provide legal or compliance advice.
3.4 LinkedIn Services Disclaimer
With respect to LinkedIn campaign services, you acknowledge that:
SendToWin LLC is not affiliated with, endorsed by, or a partner of LinkedIn Corporation; and
LinkedIn may restrict, suspend, or penalize accounts at its sole discretion, and SendToWin LLC is not responsible for any such action or for restoration or remediation of any affected account.
4. INTELLECTUAL PROPERTY
All content on the Website, including text, images, graphics, trademarks, logos, case studies, and software, is owned by or licensed to SendToWin LLC and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any Website content without our prior written consent.
5. PRIVACY POLICY
Your use of the Website is also governed by our Privacy Policy, available at www.sendtowin.com/legal/privacy-policy, which explains how we collect, use, and protect your personal information. By using the Website, you acknowledge our privacy practices as described in the Privacy Policy.
6. DISCLAIMERS OF WARRANTY
THE WEBSITE AND ALL CONTENT AND INFORMATION CONTAINED THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDTOWIN LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; AND (C) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION ON THE WEBSITE, INCLUDING DESCRIPTIONS OF OUR SERVICES OR RESULTS.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENDTOWIN LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT. SENDTOWIN LLC’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SENDTOWIN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For the avoidance of doubt, these limitations apply to the Website only. Liability relating to contracted managed services engagements is governed exclusively by the written services agreement between SendToWin LLC and the applicable client.
8. TERMINATION OF ACCESS
We reserve the right to suspend or terminate your access to the Website at any time, at our sole discretion, without notice and without liability. We may also discontinue, modify, or restrict any portion of the Website at any time without liability.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SendToWin LLC, its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party intellectual property or other rights.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or related to these Terms or your use of the Website shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, unless resolved by the parties in writing prior to commencement of arbitration proceedings. The arbitration shall be seated in Palm Beach County, Florida. The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: You may only resolve disputes with us on an individual basis. You agree not to bring or participate in any class, consolidated, or representative action against SendToWin LLC or any of its employees or affiliates. Any claim arising out of or related to these Terms or your use of the Website must be brought within one (1) year of the date the claim arose, or it is permanently barred.
11. FORCE MAJEURE
SendToWin LLC shall not be liable for any delay or failure to maintain or operate the Website due to circumstances beyond our reasonable control, including acts of God, natural disasters, internet infrastructure failures, cyberattacks, governmental actions, or other similar events.
12. THIRD-PARTY LINKS
The Website may contain links to third-party websites. SendToWin LLC does not endorse, control, or assume responsibility for the content, privacy practices, or accuracy of any third-party website. Your use of third-party websites is at your own risk and subject to their own terms and policies.
13. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
14. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy at www.sendtowin.com/legal/privacy-policy, constitute the entire agreement between you and SendToWin LLC with respect to your use of the Website, and supersede all prior agreements and understandings relating to the Website. They do not govern any managed services engagement, which is subject to a separate written agreement.
15. CHANGES TO THESE TERMS
We reserve the right to update these Terms at any time by posting the revised version on this page. Your continued use of the Website after any update constitutes your acceptance of the revised Terms.
16. CONTACT US
For inquiries regarding these Terms, contact information is provided below:
SendToWin LLC
Email: contact@sendtowin.com
Website: www.sendtowin.com
Palm Beach County, Florida, United States
By using this Website, you agree to the Terms of Use set forth above. These Terms apply to Website access and use only and do not govern any contracted services engagement with SendToWin LLC.