Terms of Service

TERMS OF SERVICE FOR BUYERS

Please Read Carefully.

Updated: September 15, 2015

 

 

The services that liftUPlift, LLC and its subsidiaries and affiliates (collectively, “liftUPlift,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and/or use of the website, www.lifuplift.com, any mobile versions and/or applications related thereto, products, services and any sites liftUPlift has now or in the future (collectively, the “Services”). You also agree to liftUPlift’s Privacy Policy, located at liftuplift.com/privacy and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with the Privacy Policy and this Terms of Service.

 

By using the Services, you signify your agreement with this Terms of Service. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized.

 

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LIFTUPLIFT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

 

  1. CHANGES TO TERMS

liftUPlift may, at any time, for any reason, make changes to the Services and/or modify this Terms of Service in its sole and absolute discretion. If liftUPlift makes changes and/or modifications that affect your use of the Services, we will post notice of the change and/or modification on this Terms of Service page and change the ‘Updated’ date set forth above. You agree that your continued use of the Services following changes and/or modifications will constitute your acceptance of such changes and/or modifications. We may also provide you additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall close your account and shall not use the Services offered after the effective date of the changes and/or modifications. Please revisit this Terms of Service regularly to ensure that you stay informed of any changes and/or modifications.

 

  1. OVERVIEW

liftUPlift is often referred to as an online marketplace; however we are not a traditional retailer. liftUPlift acts as a venue to allow users that comply with our policies and procedures to buy and/or sell goods, communicate, support women and uplift humanity, worldwide. liftUPlift helps facilitate purchases between buyers and sellers but does not actually transfer legal ownership of items. As a result, liftUPlift has no control over the quality, safety or legality of items listed and/or advertised or the ability of sellers to sell items or the ability of buyers to pay for items. Our goal is to channel women’s purchasing power into women-owned businesses; therefore, we encourage you to communicate directly with each other with the tools made available through the Services.

 

  1. USE OF THE SERVICES

Access to Services. liftUPlift retains the right, in our sole discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances within liftUPlift’s control (e.g., routine maintenance) and outside of liftUPlift’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time as determined by liftUPlift in its sole and absolute discretion and without notice and/or liability.

 

Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). liftUPlift does not knowingly collect or solicit information from children under the age of thirteen (13). To access and/or use the Services, you must be eighteen (18) years or older or have the requisite power and authority or possess legal parental or guardian consent to enter into this Terms of Service. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at help@liftuplift.com if you think a child has provided us personal information.

 

Creating an Account. You may establish an account through the Services. Your account requires you to (i) indicate agreement to this Terms of Service, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by liftUPlift in its sole and absolute discretion. If you establish an account with liftUPlift, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that liftUPlift shall have no responsibility for any incident arising out of, or related to, your account settings. liftUPlift will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify liftUPlift of any unauthorized use of your password and/or account and/or any other breach of security. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Service. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark or other proprietary rights, as determined by liftUPlift in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Terms of Service we may terminate your account immediately. Upon termination, the provisions of this Terms of Service that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.

 

If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

 

Communications from liftUPlift. By creating an account, you agree to receive certain communications in connection with the Services. For example, you might receive comments, promotions, events and/or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on the Service. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Conduct and Responsibilities. liftUPlift grants you the rights set forth herein, subject to the following conditions:

  • You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;
  • You agree not to submit or transmit any emails and/or materials through the Service that contain a virus, worm, Trojan horse and/or any other harmful component;
  • You may not access all or any part of the Service in order to build a product or service which competes with the Service;
  • You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Service or individual sections of it, in any form or media;
  • You are only authorized to view, use, copy for your records and download small portions of the content on the Services for your informational, non-commercial use; provided that you leave all copyright and other proprietary notices intact.
  • You are responsible for the accuracy and quality of the data and content that you submit and will not violate the intellectual property rights of anyone;
  • You agree to act in accordance with all applicable laws, rules and regulations;
  • You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity;
  • You shall not imply that User Content is in any way sponsored and/or endorsed by liftUPlift;
  • You agree not to intentionally hold liftUPlift and/or their employees and/or directors up to public scorn, ridicule or defamation;
  • You will not promote and/or provide information about illegal activities or physical harm or injury to any group, individual, institution and/or property;
  • You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the Services, and notify liftUPlift promptly of any such unauthorized access and/or use;
  • You will not attempt to do any of the following: access data not intended for you, monitor the Service for data gathering purposes in an effort to track sales, usage, aggregate, pricing and/or similar information, and/or interfere with the Service in relation to any user in any manner; and/or
  • You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.

 

liftUPlift shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Service except as otherwise specified in this Terms of Service and/or the Privacy Policy and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by liftUPlift in conjunction with the Services, and/or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of liftUPlift is strictly prohibited.

 

  1. BUYER GUIDELINES

General. Your correspondence and/or business dealings with, and/or participation in promotions of, stores found on or through the Services, including without limitation payment and delivery of related goods or services, and any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such store. You acknowledge and agree that liftUPlift will not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings with such stores or as a result of the presence of such stores on the Services. Prior to making a purchase, buyers should review all of a store’s policies regarding refunds, returns and exchanges. liftUPlift does not control the behavior of users of our Service and/or the information provided by other users that is made available through our Services. For every transaction that is commenced through our Service, you must make your own independent determination regarding the statements, product descriptions and/or the representations of the other party and such party’s ability to deliver the goods offered. Please use caution, common sense, and practice safe trading when dealing with other users and/or otherwise using the Service.

 

Additional Rules for Purchases. When purchasing an item, you acknowledge and agree that (a) you are responsible for reading the full item listing and any related descriptions before making a commitment to buy; (b) you enter into a legally binding agreement to buy an item when you click “confirm purchase” and must immediately pay in full by clicking the ‘Buy Now’ button during checkout; (c) in the event a store does not accept your offer and/or price, your payment method will not be charged; (d) you understand that by confirming your purchase through our Services does not guarantee a sale; and (e) you agree to abide by the procedures and guidelines for conducting and participating in transactions through the Services including but not limited to this Terms of Service.

 

  1. PURCHASES AND FEES

General.  Setting up an account and joining liftUPlift is free. liftUPlift does not investigate and/or vet stores and is therefore not responsible for any performance and/or quality claims associated with the store’s offers and/or products. Pricing relating to offerings and/or products may change at any time in liftUPlift’s sole discretion, without notice. liftUPlift may, in its sole discretion, verify a user’s identity prior to processing a purchase. liftUPlift may also refuse to process, and/or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law and/or to respond to a case of misrepresentation, fraud and/or known and/or potential violations of the law and/or this Terms of Service.

 

Orders. liftUPlift may, in its sole discretion, choose to not process and/or to cancel your order in certain circumstances. This may occur, for example, when the product and/or service you wish to purchase is out of stock and/or has been mispriced, we suspect the request is fraudulent, and/or in other circumstances liftUPlift deems appropriate in its sole and absolute discretion. liftUPlift does not guarantee it offers best available rates and/or prices and does not guarantee against pricing errors.

 

Taxes. Each state’s tax laws specify what purchases are subject to sales tax. You acknowledge that you will have sole responsibility for all taxes, duties and other fees and charges relating to such order and you agree to pay all applicable amounts.

 

Payment Processing. liftUPlift uses Paypal, Inc. for payment processing. If you have questions regarding the use of Paypal, please contact Paypal at 1-888-221-1161 (USA) or 1-402-935-2050 (International), or at their website www.Paypal.com You further agree that you will remain liable for all fines, chargebacks, refunds and other expenses incurred in the enforcement of the CEA and PSA and further agree to reimburse liftUPlift for any and all such fines, chargebacks, refunds and other expenses incurred.

 

Fees and Termination. If liftUPlift terminates your account, if you close your account, and/or if the payment of your liftUPlift fees cannot be completed for any reason, you remain obligated to pay liftUPlift for all unpaid fees plus any penalties, if applicable.

 

TIPS. liftUPlift may also collect tips in appreciation and support of this curated marketplace service. During checkout, you may add a tip for liftUPlift in an amount of your choosing. By selecting a tip, you acknowledge and agree you wish to support liftUPlift in its mission.. Tips made through the Services in support of liftUPlift are complete and final one-time contributions to liftUPlift and are not refundable. Once you confirm that you wish to proceed with your tip, your transaction will be processed through our third party payment services provider, ‘Paypal’. By confirming that you wish to proceed with your tip, you authorize liftUPlift to request funds from your credit or debit card provider. liftUplift will deduct a fee in the amount of 3.0% from your tip transaction to cover processing and handling costs. Your contribution is subject to ‘Paypal’s’ terms of use. liftUPlift is not liable or responsible for any acts, errors and/or omissions caused by ‘Paypal’ and/or failures on the part of ‘Paypal’.

 

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, product descriptions, specifications, and/or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, and/or terminate an event, and/or promotion at any time without notice (including after an order has been submitted and/or acknowledged).

 

  1. PROPRIETARY RIGHTS AND LICENSES

Ownership. The Services, any content on the Services and the infrastructure used to provide the Services are proprietary to liftUPlift, our affiliates, stores and other content providers. By using the Services and accepting this Terms of Service: (a) liftUPlift grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Services pursuant to these Terms of Service and to any additional terms and policies set forth by liftUPlift; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express written permission of liftUPlift.

 

Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other content on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. liftUPlift owns, controls, lawfully uses and/or licenses the Content on the Service. liftUPlift’s name and logo may not be copied, imitated and/or used, without liftUPlift’s prior written permission. Subject to the limited rights expressly granted hereunder, liftUPlift and/or its third party providers reserve all right, title and interest in and to the Services and Content, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

 

User Content. The Service may provide registered users and visitors various opportunities to submit and/or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as images, photographs, video, sound and other content (collectively, “User Content”) through communication facilities that may be offered on, through, and/or in connection with the Services from time to time. You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all User Content. You hereby grant liftUPlift a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose. You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Service. You alone are responsible for User Content, and once published, it cannot always be withdrawn. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms of Service.

 

Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Service and that you provide to other users. While we may offer you the ability to post User Content anonymously, please be aware that your account information is still stored by us. Notwithstanding anything herein to the contrary, liftUPlift should not be seen as endorsing any User Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any User Content. If you become aware of misuse of the Service by any person, please contact us. liftUPlift may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, liftUPlift is not obligated to take any action not required by law.

 

Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or materials for the Services. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to liftUPlift a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. liftUPlift has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

 

  1. PROHIBITED USE

Gathering email addresses from LiftUPlift through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means, including but not limited to user profiles and/or photos (except as may be the result of standard search engine protocols and/or technologies used with liftUPlift’s express written consent). You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party’s use and/or enjoyment of the Service. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You may not interfere with the proper working of the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.

 

  1. USER DISPUTES

You are solely responsible for interactions with other users. liftUPlift reserves the right, but has no obligation, to monitor disputes between users of the Services. liftUPlift has the right, but is not obligated, to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Examine an allegation that a communication(s) does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with this Terms of Service.
  • Terminate a user’s access to any or all public areas and/or the liftUPlift’s Services upon any breach of this Terms of Service.
  • Monitor, edit, or disclose any communication in the public areas.
  • Edit or delete any communication(s) posted on the liftUPlift Services, regardless of whether such communication(s) violate the standards set forth herein.

 

liftUPlift reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. liftUPlift has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities. We encourage you to work out user-to-user disputes through the communication tools provided through the Services.

 

Verification. You understand that liftUPlift acts only as a marketing platform and technical interface between users. liftUPlift does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to liftUPlift. liftUPlift cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user. Please use caution, common sense, and practice safe trading when using liftUPlift. liftUPlift uses many techniques to verify the accuracy of the information users provide to liftUPlift when they register through the Services. However, because user verification on the ‘Internet’ is difficult, liftUPlift cannot and does not confirm each user’s purported identity. Thus, liftUPlift has established a user-initiated feedback system and/or messaging platform to help you evaluate with whom you are dealing. liftUPlift also encourages you to communicate directly with potential transaction partners through the tools available on liftUPlift. You may also wish to consider using a third party service that provides additional user verification.

 

  1. TERMINATION

If you violate this Terms of Service and/or if we have grounds to suspect that you violated this Terms of Service and/or other use parameters included on the Service, we may suspend and/or terminate your account and/or refuse access to and/or use of the Service (or any portion thereof). liftUPlift also reserves the right, in its sole and absolute discretion, to terminate your access to the Service or any portion thereof at any time, without cause and/or without notice. In the event you share the access granted with any person or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, liftUPlift will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately.  In such event, liftUPlift retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.

 

  1. INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless liftUPlift, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in relation to (i) any offerings or products purchased and/or sold by you through the Services, including but not limited to the payment of any taxes associated therewith; (ii) User Content submitted and/or posted by you, in connection with the Services, and/or any use of the Services in violation of this Terms of Service; (iii) your violation of any law and/or the rights of a third party (iv) your use of the Services and/or any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or (v) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to liftUPlift upon your receipt of notice of any Claim against you which might give rise to a claim against liftUPlift.

 

You are solely responsible for your interactions with vendors and other users of the Service. To the extent permitted under applicable laws, you hereby release liftUPlift from any and all claims and/or liability related to any product and/or service of a vendor, any action or inaction by a vendor, including but not limited to any harm caused to you by action or inaction of a vendor, a vendor’s failure to comply with applicable law and/or failure to abide by the terms of a seller offering and any conduct, speech and/or User Content, whether online and/or offline, of any other third-party.

 

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

THE SERVICE, AND ANY CONTENT, ARE PROVIDED BY LIFTUPLIFT TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF SERVICE. LIFTUPLIFT DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH LIFTUPLIFT EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, LIFTUPLIFT AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) LIFTUPLIFT WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM LIFTUPLIFT OR THROUGH YOUR ACCESS TO AND/OR USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE.

 

  1. LIMITATION OF LIABILITY

YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL LIFTUPLIFT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF LIFTUPLIFT HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY LIFTUPLIFT ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, IN SUCH STATES, LIFTUPLIFT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, RELATED SERVICES AND/OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.

 

LIFTUPLIFT’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO LIFTUPLIFT IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).

 

  1. LINKS

The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and are for your convenience only. liftUPlift does not control or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice and/or statements contained within such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. liftUPlift reserves the right to terminate any link and/or linking program at any time in its sole and absolute discretion. We disclaim all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Linked Sites.

 

  1. SEPARATE AGREEMENTS

You may have other agreements with liftUPlift. Such agreements are separate and in addition to this Terms of Services. This Terms of Service does not modify, revise or amend the terms of any other agreements you may have with liftUPlift unless expressly agreed to by the parties in writing.

 

  1. NO PROFESSIONAL ADVICE

The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. liftUPlift does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. The Service is not a substitute for professional advice, and you should not construe this as legal, accounting, medical and/or other professional advice.

 

  1. DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

liftUPlift respects the intellectual property rights of others and expects you to do the same. We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:

(i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)    Identification of the copyrighted work claimed to have been infringed.

(iii)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv)   Information sufficient to permit liftUPlift to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;

(v)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi)   A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Contact information for liftUPlift’s DMCA Agent for notice of claims of copyright infringement is: liftUPlift, Inc. Attn: Copyright Agent, 821 Butternut Court, Frankfort, IL 60423.

 

The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Article. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Service linked to and/or from the Service. All other inquiries directed to the Copyright Agent will not be responded to.

 

  1. DISPUTE RESOLUTION

Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against liftUPlift, you agree to try to resolve the dispute informally by contacting us at help@liftuplift.com. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or liftUPlift agree to resolve any claims related to this Terms of Service through final and binding arbitration, except forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

 

Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting liftUPlift within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us at liftUPlift, LLC, Attn: Opt-Out Arbitration, 821 Butternut Court, Frankfort, IL 60423. If you opt out, neither you nor liftUPlift can require the other to participate in an arbitration proceeding.

 

Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

 

Exceptions to Agreement to Arbitrate.   Either you and/or liftUPlift may assert claims, if they qualify, in small claims court in Cook County, Illinois. liftUPlift may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of liftUPlift’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

 

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and liftUPlift agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and liftUPlift consent to the foregoing venue and jurisdiction.

 

  1. MISCELLANEOUS
    If any provision and/or term of this Terms of Service shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Service shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or liftUPlift of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms of Service.

 

  1. CONTACT

If you would like to request additional information regarding this Terms of Service or for any questions regarding a commercial relationship with liftUPlift, please contact us at info@liftuplift.com.