TERMS OF SERVICE FOR STORES
Please Read Carefully.
Updated: November 23, 2015
By clicking on the “Accept” button on the screen as it relates to this Stores TOS and/or by accessing and/or using the Services, you acknowledge and agree that you have read, understand and agree to be bound by all of the terms and conditions of this Stores TOS, as well as all other applicable rules or policies, terms and conditions or agreements that are or may be established by liftUPlift from time to time and the foregoing shall be incorporated herein by reference. The terms and conditions of this Stores TOS will exclusively govern your access to and/or use of the Services. If you do not accept this Stores TOS, 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.
- CHANGES TO TERMS
liftUPlift may, at any time, for any reason, make changes to the Services and/or modify this Stores TOS in its sole and absolute discretion. If liftUPlift makes changes and/or modifications that affect your use of and/or access to the Services, we will post notice of the change and/or modification on this Stores TOS 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 Stores TOS regularly to ensure that you stay informed of any changes and/or modifications.
liftUPlift is often referred to as an online marketplace; however we are not a traditional retailer. liftUPlift acts as a venue to allow buyers and sellers 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. liftUPlift has no control over 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 the buyers with the tools made available through the Services.
- 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 Stores TOS. 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 firstname.lastname@example.org if you think a child has provided us with personal information.
Creating an Account. You may establish a store account through the Services. Such account requires you to (i) indicate agreement to this Stores TOS, (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 a store account with liftUPlift, you agree to provide true, accurate and current information in connection with your store account. You are responsible for updating and correcting information you have submitted to create and/or maintain your store 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 store account. You acknowledge and agree that liftUPlift shall have no responsibility for any incident arising out of, or related to, your store account settings. liftUPlift will assume that anyone using the Services and/or transacting through your store account is you. Therefore, you further agree to immediately notify liftUPlift of any unauthorized use of your password and/or store account and/or any other breach of security. You may only create and hold one (1) store account 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 store account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Stores TOS we may terminate your store account immediately. Upon termination, the provisions of this Stores TOS 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 store account, you may not subscribe under a new store account unless we formally invite you. If you commit fraud and/or falsify information in connection with your use of the Services, your store 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 a store account, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us and/or the buyers electronically, and you consent to receive communications from us and/or the buyers 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 Store 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.
- SELLER GUIDELINES
General. Since our Services are operated exclusively for women-owned businesses, in order to set up a store account, you must provide liftUPlift with proof that you’re a women-owned business. A woman-owned business shall be any business with at least fifty percent (50%) directly owned and controlled by one (1) or more women. In addition, the liftUPlift store account must be owned and managed by a woman owner of the business. Additionally, unless granted as an exception by liftUPlift, liftUPlift requires all store accounts to provide a credit or debit card for the purposes of verifying their identity, and for payment of fees and services rendered including but not limited to returns, refunds and/or any other costs liftUPlift may incur in facilitating the transaction. You are responsible for paying all fees associated with using liftUPlift’s Service and all applicable taxes. Unless otherwise stated, all fees are quoted in US Dollars (“USD”). If you list in a currency other than USD, your item price will be converted to USD before the transaction fee is applied. Currency conversion is handled automatically by our payment processing service and you shall be responsible for all fees related thereto.
Safe trading. Because user authentication on the ‘Internet’ is difficult, liftUPlift cannot and does not confirm each user’s purported identity. Therefore, we encourage you to communicate directly with potential buyers through the features available through our Service.
Listing Restrictions. liftUPlift prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. In addition, because we care about the quality and safety of the products sold through the Services, we require that all products are non-toxic and not contain any of the ingredients listed here http://www.liftuplift.com/2015/02/16/ingredients-not-found-liftuplift/. You also agree to comply with fair trade guidelines, as determined by liftUPlift, where applicable. You must describe your merchandise and all terms of sale on the description page of the merchandise and are responsible for the accuracy and content of the merchandise and items offered. Store Content that violates our policies may be deleted in our sole discretion. Your descriptions may only include text (including variations available, size, color, price, shipping costs), graphics, pictures, and other content relevant to the sale of the merchandise. All merchandise must be listed in an appropriate category. Each description must accurately and completely describe the merchandise for sale and each unique item must have its own description and be listed on its own page. liftUPlift reserves the right to remove merchandise that does not align with its vision and values, as determined by liftUPlift in its sole and absolute discretion.
Selling. You agree that you have the legal authority to sell the merchandise that you are listing through the Service. You must abide by liftUPlift’s policies and your own individual store policies, including without limitation policies related to damaged merchandise, returns and/or refunds. If you accept an offer by a buyer and/or receive the applicable fee for the merchandise, you are obligated to complete the transaction with the buyer unless there is an exceptional circumstance, such as: (a) the transaction is prohibited by law and/or this Stores TOS, (b) you cannot authenticate the buyer’s identity, or (c) the buyer fails to meet the terms set forth in your listing (i.e.: payment method). You are also responsible for determining the delivery method and rate of shipping and such amount shall be included in the total fees due by the buyer when the buyer purchases the merchandise. You are responsible for gathering any other information you need from the buyer, such as information needed for customized merchandise.
Policies. You must post your policies on your store homepage. You shall also post your policies and procedures on the description page of the applicable merchandise which shall include without limitation your policies related to refunds, exchanges and/or returns, shipping costs and delivery timeframes.
Manipulation of Pricing: The price stated in each liftUPlift merchandise description must be an accurate representation of the sale. You may not (i) intentionally state one price in the merchandise description but charging a higher price to the buyer, (ii) alter the merchandise’s price prior to a sale for the purpose of avoiding liftUPlift transaction fees, and/or (iii) hack into another account and alter prices. The foregoing conduct is strictly prohibited.
- PURCHASES AND FEES
General. Setting up a store account and joining liftUPlift is free and there is no cost to list items for sale; however, liftUPlift charges fees for various services offered through our Service. liftUPlift may, in its sole discretion, verify a store’s identity prior to allowing such store to list merchandise on the Services. 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 Stores TOS.
Orders. You must use commercially reasonable efforts to fulfill standard, domestic orders within seven (7) to ten (10) business days. liftUPlift may, in its sole discretion, choose to not process and/or to cancel a purchase in certain circumstances. This may occur, for example, when the product and/or service has been mispriced, we suspect the store is acting in a fraudulent manner, and/or in other circumstances liftUPlift deems appropriate in its sole and absolute discretion.
Fees. You agree that you shall pay liftUPlift a transaction fee in an amount not less than five percent (5%) of each sale and/or transaction made through the Services including without limitation shipping costs and tax (“Transaction Fee”). The Transaction Fee shall automatically be deducted from the total amount of each sale made through the Services. You acknowledge and agree that such Transaction Fee is non-refundable, even in the event of a return or exchange of merchandise. When you make a sale through our Service, you will be responsible for any additional third party fees, including but not limited to payment processing fees, shipping costs and/or taxes related thereto. The final total sales tax shall be reflected on your invoice and will include state and local taxes, as well as any applicable fees including but not limited to credit card fees. 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 the purchase of merchandise and you agree to pay all applicable amounts. liftUPlift may choose to temporarily change its policy related to fees and the fees for liftUPlift’s services for promotional events, if any. In such event, changes shall be effective when liftUPlift posts the temporary promotional event on the Service. liftUPlift may, in its sole discretion, change some or all of liftUPlift Services at any time and/or offer additional services. In the event liftUPlift introduces a new service, the fees for such service are effective at the launch of the service.
Payment Processing. You will be required to set up an account through Stripe in order to accept payments through the Services. liftUPlift helps facilitate marketplace transaction, but is not the buyer of your goods. liftUPlift uses Stripe Paypalfor payment processing. If you have questions regarding the use of Stripe, please contact them at their website, support.stripe.com. You further acknowledge and 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.
You authorize liftUPlift to keep your payment card information on file and to charge the card on file for outstanding charges. If your card on file with us is closed or the account number is changed, or if, for any reason, a charge is rejected by your card issuer, you must update your card information or supply a new card number, as appropriate, in your liftUPlift store account. If you are unable to update your store account with appropriate information, then liftUPlift will send an invoice to your email address on file detailing the amount due. You must pay the amount due in full within seven (7) days of the date of the invoice, or the store account will be considered past due and liftUPlift may suspend and/or terminate your store account and seek all available remedies at law and in equity.
Exchanges & Refunds. You shall be responsible for communicating directly with the buyer regarding any exchanges and/or refunds of merchandise. You are required respond to buyers within forty-eight (48) hours from your receipt of the communication. If the parties are engaged in a dispute related to such return and/or exchange and such dispute cannot be resolved, you may submit a complaint to liftUPlift through its case management system for liftUPlift to investigate.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to merchandise 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, merchandise 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).
- PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, Content on the Services and the infrastructure used to provide the Services are proprietary to liftUPlift, our affiliates and other content providers. By using the Services and accepting this Stores TOS: (a) liftUPlift grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Stores TOS 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 and liftUPlift retains all rights, title and interest related thereto or has the rights necessary use and/or display the foregoing. 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.
Store Content. During the course of your access to and/or use of the Service, you may provide a description, photo(s), prices, variations available, sizes and colors of the merchandise you are selling, and other content related thereto and any store and/or business logos, taglines and/or other intellectual property uploaded by you and used in connection with the Services (collectively, “Store 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 Store Content. You hereby grant liftUPlift a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the Store Content for any purpose. You further hereby irrevocably grant the users of the Services, the right to access and/or use Store Content in connection with their use of the Services in accordance with this Stores TOS if such user is a store, and in accordance with the ‘Terms of Service’ agreed to by users. You alone are responsible for Store Content, and once published, it cannot always be withdrawn. You assume all risks associated with Store 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 Store Content as described in this Stores TOS. As part of a transaction, you may obtain personal information, including email address and shipping information, from other users. This personal information shall only be used for the transaction and/or for liftUplift-related communications, unless otherwise approved by the user in writing. liftUPlift has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any liftUPlift user to your email or physical mail list.
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 Store Content anonymously, please be aware that your account information is still stored by us. By posting Store Content on liftUPlift, it is possible for a third party to re-post that Store Content. You agree to hold liftUPlift harmless for any dispute concerning the foregoing use. If you choose to display your own liftUPlift hosted image on another website, the image must provide a link back to its merchandise page on liftUPlift. Notwithstanding anything herein to the contrary, liftUPlift should not be seen as endorsing any Store Content in any way. You acknowledge and agree that you have no expectation of privacy with regard to any Store Content. If you become aware of misuse of the Service by any person, please contact us at email@example.com. liftUPlift may reject, refuse to post and/or delete Store 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.
- 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.
- 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 Stores TOS.
- Terminate a user’s access to any or all public areas and/or the liftUPlift’s Services upon any breach of this Stores TOS.
- 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 buyer and seller disputes through the communication tools provided through the Services. You are required respond to buyers within forty-eight (48) hours from your receipt of the communication. If the parties are unable to resolve the dispute, you may submit a complaint to liftUPlift through its case management system for liftUPlift to investigate.
Verification. You understand that liftUPlift acts only as a marketing platform and technical interface between buyers and sellers. liftUPlift does not itself verify the qualifications of buyers or other stores, 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 or applicability of anything said, written, posted, displayed 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.
- 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 merchandise sold by you through the Services, including but not limited to the payment of any taxes associated therewith; (ii) Store Content submitted and/or posted by you, in connection with the Services, and/or any use of the Services in violation of this Stores TOS; (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 Stores TOS 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 that might give rise to a Claim against liftUPlift.
You are solely responsible for your interactions with buyers 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 of any other third-party related to any product and/or service, any action or inaction by a user, including but not limited to any harm caused to you, a users failure to comply with applicable law and/or failure to abide by the terms of the merchandise offering and any conduct, speech and/or Store Content, whether online and/or offline.
- 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 STORES TOS. 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 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 ACCESS TO AND/OR 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 STORES TOS.
- 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 (US$100.00).
You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact firstname.lastname@example.org.
- SEPARATE AGREEMENTS & CONFLICT
You may have other agreements with liftUPlift. Such agreements are separate and in addition to this Stores TOS. This Stores TOS 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. In the event of a conflict between this Stores TOS and the ‘Terms of Service’ users agree to, this Stores TOS shall control as it relates to the Services described herein including without limitation as it relates to you selling merchandise by accessing and/or using our Services and/or interacting with customers and/or other users of the Services.
- 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.
- 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.
- 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 email@example.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 Stores TOS through final and binding arbitration, except as 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 Stores TOS). 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.
If any provision and/or term of this Stores TOS 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 Stores TOS 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 Stores TOS, this Stores TOS 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 Stores TOS 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 Stores TOS.
If you would like to request additional information regarding this Stores TOS or for any questions regarding a commercial relationship with liftUPlift, please contact us at firstname.lastname@example.org.