Lift 2 live Terms and Conditions of Use
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments hereto,“TERMS AND CONDITIONS”). BY USING THIS WEB SITE OR ANY WEB SITE OF LIFT 2 LIVE AND/OR PLACING AN ORDER FOR LIFT 2 LIVE PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR LIFT 2 LIVE’S PRODUCTS AND SERVICES.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE LIFT 2 LIVE’S PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE LIFT 2 LIVE’S PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Site. The Terms and Conditions displayed on the Site at the time the order is accepted will apply to the order.
Welcome to the Web site of Lift 2 live. These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Site and their related domains on which these Terms and Conditions appear, any order you place through any of the Site, and—as applicable—your use of other products or services of Lift 2 live. You must read these Terms and Conditions carefully before placing an order or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, you must not order any product or service through or otherwise use the Site. The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of Lift 2 live after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to and use of the Site, any order you place through any of the Site, and to all products and services we supply, produce, distribute, or market. To the extent of any express inconsistency with any other agreement you may have with Lift 2 live for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site.
You must only use the Site for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not without our prior written consent:
- copy, reproduce, use, or otherwise deal with any content on the Site;
- modify, distribute, or re-post any content on the Site for any purpose; or
- use the content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked site;
- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web site;
- not to upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
- not to use, frame, or utilize framing techniques to enclose any Lift 2 live trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Lift 2 live’s express written consent;
- not to use meta tags or any other “hidden text” utilizing a Lift 2 live name, trademark, or product name without Lift 2 live’s express written consent;
- not to deeplink to this Site without Lift 2 live’s express written consent;
- not to create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
- not to collect or store personal data about others;
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by Lift 2 live; and
- to be bound by the Product Submission Policies of Lift 2 live, including that any product submission you may make to Lift 2 live will not be held in confidence by Lift 2 live, and is not proprietary, that Lift 2 live may use the product submission and any aspect thereof for any purposes in Lift 2 live’s sole discretion, and that Lift 2 live owes no duties or obligations with respect to you or the product submission made.
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Content Uploaded to the Site
In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Lift 2 live has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web site, in perpetuity throughout the world as Lift 2 live in its sole discretion sees fit without further consent or payment. Lift 2 live has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Lift 2 live has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Lift 2 live may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Lift 2 live’s sole discretion. Lift 2 live is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Site must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
Changes to the Site
Lift 2 live may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through or outside of the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that Lift 2 live shall not be liable therefore.
Lift 2 live makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of site accessible by hyperlink from the Site, or site linking to these Site. The linked site are not under the control of Lift 2 live, and Lift 2 live is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such site. The inclusion of any link does not imply affiliation, endorsement, or adoption by Lift 2 live of the site or any information contained therein. When leaving the Site, you should be aware that Lift 2 live’s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks
All the Site’ materials, including, without limitation, the Product Partners, Lift 2 live, Lift to live, and all Lift 2 live product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 1998-2014 ALL RIGHTS RESERVED. Unless expressly stated otherwise, Lift 2 live or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Lift 2 live or the respective copyright owner. You may not, without the express written permission of Lift 2 live or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Lift 2 live or any third party.
Trademarks: Together with other logos and product names described on this Site, the following includes a partial list of trademarks or registered trademarks of Lift 2 live, in the United States and other countries: These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Lift 2 live or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Lift 2 live, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Lift 2 live. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is Lift 2 live’s policy to respect the copyright and intellectual property rights of others. Lift 2 live may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Lift 2 live may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Lift 2 live complies with the Digital Millennium Copyright Act.
If you believe that Lift 2 live or any user of our Site has infringed your copyright in any material way, please notify Lift 2 live, and provide the following:
- an identification of the intellectual property right claimed to have been infringed;
- an identification of the material that you claim is infringing so that we may locate it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and
- a statement by you that the above information in your notice is accurate, made under penalty of perjury, and
- that you are authorized to act on behalf of the owner of the intellectual property interest involved.
You agree to indemnify and hold harmless Lift 2 live, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Site or otherwise, please use the Customer Service link in the email receipt you receive or by visiting the online Customer Service Center.
All sales are final. No exchange or return accepted. We will make every effort to insure customer satisfaction prior to delivery.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the Site are correct and fairly described. However, when ordering products or services through the Site, please note that:
- Lift 2 live reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- packaging may vary from that shown on the Site;
- any weights, dimensions, and capacities shown on the Site are approximate only; and
- all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.
Please also note that the terms of any products offered by Lift 2 live and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by Lift 2 live by providing you advanced notice, including by posting notice of the change on our Site, sending you an email to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. Lift 2 live will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Order and Payment Information
If you use the Site or other means to purchase a product, payment must be received by Lift 2 live prior to Lift 2 live’s acceptance of an order, unless otherwise agreed by Lift 2 live. All Lift 2 live products are subject to sales tax which will be applied to your order total. Lift 2 live may need to verify information you provide before Lift 2 live accepts an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, Lift 2 live will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Lift 2 live expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to Lift 2 live is registered to you. Lift 2 live shall have the right to bar your access to and use of the Site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to Lift 2 live, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Lift 2 live may reject orders where the stated delivery address is outside the United States. If stated, Lift 2 live will add applicable shipping and handling fees.
Lift 2 live’s descriptions of, or references to, products not owned by Lift 2 live on and outside of the Site do not imply endorsement of that product, or constitute a warranty, by Lift 2 live.
Lift 2 live does not directly sell certain Lift 2 live products in any jurisdiction other than the United States of America as these products may not be approved for sale in other jurisdictions. While Lift 2 live may choose to accept orders for the purchase of its products from non-residents of the U.S., the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
- you agree that the purchase of any Lift 2 live products by you, as a non-resident of the U.S., shall be (a) ex works Lift 2 live’s facilities in the U.S. per Incoterms 2010, with all title risk and loss in the products passing to you in the U.S. and (b) for your own personal use only and not for further resale or distribution in any manner;
- you agree not to order more than a 90 day supply of any consumable products within any ninety (90) day period;
- you hereby expressly authorize and direct Lift 2 live to load and ship the purchased products to you to your designated ship to destination, and to contract on your behalf with a common carrier or courier company for that purpose;
- you are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Lift 2 live’s facilities in the U.S. to your foreign ship to destination; and
- the United Nations Convention on the International Sale of Goods shall not apply to any purchase or sale, and Lift 2 live expressly opts out of such application.
Unless otherwise noted, Lift 2 live will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Lift 2 live may provide delivery or shipment timeframes or dates, you understand that those are Lift 2 live’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. Lift 2 live shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
The delivery time for shipments to P.O. Boxes within the United States or for shipments outside the United States, including to U.S. territories, Alaska and Hawaii, may take up to 7-21 days.
With regards to any product made available to you on an auto-renew or monthly (or other period) subscription as sold through the Site or otherwise (including any free trial product) (the “Product”), the default term of our agreement shall be for so long as we make the Product available to you. IF YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED (AND CHARGED TO THE ACCOUNT YOU HAVE PROVIDED) FOR ANOTHER TERM AT THE EXPIRATION OF YOUR CURRENT TERM, WHENEVER LOCAL REGULATIONS ALLOW, FOR A FEE NO GREATER THAN OUR THEN-CURRENT PRICE, EXCLUDING PROMOTIONAL AND DISCOUNT PRICING.
The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. This renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each period thereafter. IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE PRODUCT BY CALLING OUR CUSTOMER SERVICE.
You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH LIFT 2 LIVE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITE.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OTHER PRODUCTS AND SERVICES OF LIFT 2 LIVE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT LIFT 2 LIVE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO LIFT 2 LIVE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, LIFT 2 LIVE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITE. NOR DOES LIFT 2 LIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, OR ITS CONTENT.
ALTHOUGH LIFT 2 LIVE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, LIFT 2 LIVE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, LIFT 2 LIVE DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LIFT 2 LIVE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, LIFT 2 LIVE DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL LIFT 2 LIVE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF LIFT 2 LIVE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFT 2 LIVE’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO LIFT 2 LIVE FOR ANY PRODUCTS SUPPLIED BY LIFT 2 LIVE THROUGH YOUR USE OF THE SITE OR OTHERWISE.
LIFT 2 LIVE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OF THESE DISCLAIMERS AND EXCLUSIONS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE THEN THAT PROVISION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Site are controlled, operated, and administered by Lift 2 live from its offices within the United States of America. Lift 2 live makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, Lift 2 live reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block or prevent future access to and use of the Site. You agree that Lift 2 live shall not be liable for any termination of your use of or access to the Site.
Only you and Lift 2 live shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
The Terms and Conditions constitute the entire agreement between Lift 2 live and you with respect to your use of the Site, your purchase of products and services through the Site, and as applicable any products or services of Lift 2 live. Any cause of action you may have with respect to the Site or Lift 2 live’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by Lift 2 live to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Lift 2 live, and you do not have any authority to create any obligation or make any representation on Lift 2 live’s behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Lift 2 live’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Lift 2 live and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective: July 8, 2014