TERMS OF SERVICE
Last Updated on: August 3, 2016
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE (DEFINED BELOW). BY ACCESSING OR USING ANY PART OF THE SITE, OR MAKING ANY PURCHASES OR MAKING AN OFFER TO PRE-ORDER ONE OR MORE PRODUCTS AVAILABLE FOR SALE ON THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
SECTION 1 - OVERVIEW
This website (the “Website”) is operated by Lift Innovations Inc. Throughout the site, the terms “Lift Innovations” “we”, “us” and “our” refer to Lift Innovations. Lift Innovations offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you use our services (“Service”)_and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, purchasers of products, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the Website or online store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. If you do not accept the changes, your sole remedy is to terminate your use of the Service, and we may discontinue providing the Service to you.
SECTION 2 ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or that you are at least eighteen (18) years of age and you that you are the parent or legal guardian of a dependent minor, and have given us your consent to allow any of your minor dependents to use this Website.
IMPORTANT: You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are solely and exclusively responsible for complying with all laws in your jurisdiction, and no information on the Website or in any other material provided to you by us should be construed as legal advice or a legal opinion. The fact that products are available for shipment to your jurisdiction does not mean that such products and/or your intended use for such products are legal for import to, or use in, such jurisdiction. Before using any of our products, please carefully examine and comply with the laws in your region. If you are unsure about the legal requirements or laws of your jurisdiction, we strongly encourage you to see advice from a legal professional in your jurisdiction of residence and/or the jurisdiction to which the products will be shipped and/or used. Lift Innovations will not be liable in any way whatsoever for your failure to determine and comply with the laws of your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
SECTION 3 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that any information or content you transmit through the site (not including credit card information, the transmission of which is governed by the terms of our payment processors), may be transferred unencrypted and involve: (a) transmissions over various networks; and/or (b) changes in order to conform with and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, reverse engineer, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON WEBSITE
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 5 MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service or Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any thirdparty for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 PRODUCT PURCHASE TERMS, PRICES AND SERVICES
Payment. In order to make a purchase on our website, you must have a valid credit card or verifiable consent to use the credit card of a parent or guardian and you must pay the amount for the product elected by you as set forth on the Lift Innovations website by credit card through PayPal, Stripe, or any other payment method designated on our website.
Taxes. Except in the case of sales tax for residents of Canada which are calculated and added at the time of purchase, all import duties, taxes, and other charges are not included in the product price or shipping cost. These charges are your responsibility. Please check with your state and country’s customs office to determine what these additional costs will be prior to completing your purchase.
Shipping. Any shipping date provided to you is an estimate only, and the actual shipping date for any accepted order will depend on a variety of factors including our manufacturing schedule, the dates of your order, and scheduling with the selected carrier. Commencement of shipping is subject to change without notice to you. Shipping charges are calculated when you make a purchase through our website, and you must pay all shipping charges for the location of the address you provide as the shipping destination.
Export Control. You acknowledge that products available for purchase on the Website may be subject to export control laws and other laws and regulations of other countries, and that if Lift Innovations ships a product to you, the product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for ensuring compliance with all applicable export control laws and regulations. You represent that you will not import, export, re-export, or transfer indirectly or directly any product without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not import, export, re-export, or transfer directly or indirectly any product to any destination for an end use that is prohibited by any and all applicable laws.
Lift Innovations is not liable to you in anyway whatsoever for (i) the actions of any governmental authorities, including customs authorities; or (ii) your failure to confirm and comply with any export rules and regulations. You will defend and hold Lift Innovations harmless against all claims, damages, or liability resulting from breach of the foregoing.
Refunds and Warranties. Our products come with a lifetime warranty for parts and a 30-day return policy for unopened products all as further described in our Return and Refund Policy and our Warranties & Returns Policy.
Product Information. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product Pricing and Supply. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a casebycase basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. For any pre-ordered products, the price offered at the time the order was made is not subject to change. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 7 ORDER CANCELLATIONS AND REFUSALS; ACCURACY OF ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 OPTIONAL TOOLS
We may provide you with access to thirdparty tools (such as store locators, referral and loyalty programs, and tools for posting comments on our blog) in order to facilitate use of the Website. We do not monitor nor have any control nor input over these third party tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any such optional thirdparty tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant thirdparty provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 THIRDPARTY LINKS
Certain content, products and services available via our Service may include materials from thirdparties. For example, this Website may have third party advertisements or provide third-party links which may direct you to thirdparty websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not endorse or warrant and will not have any liability or responsibility for any thirdparty materials or websites, or for any other materials, products, or services of thirdparties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any thirdparty websites. Please review carefully the thirdparty's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding thirdparty products should be directed to the thirdparty.
SECTION 10 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content, including Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any Comments.
You are solely responsible for any content you provide, including any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any thirdparty.
SECTION 11 PERSONAL INFORMATION
Your submission of personal information through the Website, and our use of such personal information is governed by our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms of Service. If you do not agree with the terms of our Privacy Policy do not use this Website or the Services or make any purchases on the Website.
SECTION 12 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN OUR WARRANTIES AND RETURNS POLICY, THE WEBSITE, SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE AND SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE. LIFT INNOVATIONS MAKES NO OTHER REPRESENTATIONS AND PROVIDES NO OTHER WARRANTIES OR CONDITIONS IN RESPECT OF THE WEBSITE, SERVICES, AND PRODUCTS AVAILABLE FOR PURCHASE THEREIN. LIFT INNOVATIONS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, DURABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES.
SECTION 14 – LIMITATION OF LIABILITY.
IN NO CASE SHALL LIFT INNOVATIONS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. LIFT INNOVATIONS IS NOT LIABLE FOR ANY ILLEGAL ACTIVITY ARISING FROM OR USE OF OUR PRODUCTS.
IN THE EVENT THAT LIFT INNOVATIONS IS FOUND LIABLE UNDER ANY CAUSE OF ACTION, SUCH LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU, AND SHALL NOT EXCEED THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) ANY AMOUNTS YOU HAVE PAID TO LIFT INNOVATIONS IN RESPECT OF THE PRODUCT OR SERVICE THAT GAVE RISE TO THE LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - FORCE MAJEURE
Lift Innovations shall not be liable for damages resulting from delays in shipment or inability to ship or provide services due to normal production and shipment delays or those resulting from acts of God, fires, floods, wars, sabotage, accidents, lack of Internet connectivity or delays in Internet communication, software errors, labor disputes or shortages, plant shutdown or equipment failure, voluntary or involuntary compliances with any law, order, rule or regulation of governmental agency or authority; or inability to obtain material (including power and fuel), equipment or transportation, or arising from any other contingency, circumstances or event beyond the control of Lift Innovations.
SECTION 16 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lift Innovations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any thirdparty due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a thirdparty.
SECTION 17 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 19 WAIVER; ENTIRE AGREEMENT; INTERPRETATION
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 GOVERNING LAW
These Terms are governed by the laws of the Province of Manitoba without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Lift Innovations agree to submit to the personal and exclusive jurisdiction of the provincial courts and federal courts located within Winnipeg, Manitoba for the purpose of litigating any dispute.
SECTION 21 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@liftinnovations.com.
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