Last Modified: [12-26-18]
Lift Power Inc. is committed to safeguarding the confidential information of its clients.
If you are a Lift Power Inc. client or prospective client (or a respective duly authorized representative), you may have been granted access by Lift Power Inc. to certain non-public portions of the Website or service offerings otherwise made accessible to you. These terms do not amend or supersede any existing client agreements or other agreements that you may have with Lift Power Inc. but are in addition to such agreements and govern your use of our Website.
Unless otherwise specified in these Terms, on the Website, these Terms apply to all materials, tools and services provided through our Website. These Terms constitute a legally binding agreement between you and Lift Power Inc..
By using our Website or any other services or tools available to you through the website, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Website. It is your responsibility to review these Terms from time to time. By continuing to use the Website or any services available to you through our Website, you consent to any updated version of these Terms posted on the Website.
One purpose of this Website is to provide general information about Lift Power Inc. and our events, products, and services. From time to time, Lift Power Inc. may also grant you access to additional content such as online presentations on products or services provided by Lift Power Inc. and as made available on this Website. Such information and content (“Content”) provided by Lift Power Inc. is for general information only. Use of this Website does not create any client relationship between you and Lift Power Inc. or make you eligible for any services from Lift Power Inc..
Although our goal is to provide accurate information, certain information made available on this Website may not be accurate or up-to-date. We may change, add or remove some or all of the Content on this Website at any time and reserve the right to discontinue or suspend any portion of this Website at any time for any reason. This Website is intended for a United States audience. If you live outside the U.S., you may see information on this Website about opportunities or services that are not available or authorized in your country.
Subject to these Terms, Lift Power Inc. grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Website for the sole purpose of learning information. You may also print a reasonable number of copies of the Content for your personal use, but in such case, you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Website and all portions thereof, and including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Lift Power Inc. and our respective licensors as may be the case, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on this Website or granting you these licenses. This Website may include trademarks or logos belonging to other third- party licensors and are used pursuant to agreements with such third parties.
Information Submitted by You
Notwithstanding the foregoing, you agree that Lift Power Inc. and its third party providers may (but are not obligated to) monitor, edit, filter, refuse to upload and/or disclose any User Submitted Information and the circumstances surrounding the use thereof, to any third party in order to provide the applicable services, to protect Lift Power Inc. or such third party providers and comply with their respective retention policies, legal obligations or government requests.
Lift Power Inc. takes, and requires its third party vendors to take, reasonable technical, organizational and administrative security measures to protect your User Submitted Information for example, to maintain confidentiality. Notwithstanding the foregoing, neither Lift Power Inc. nor its third party providers shall be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Submitted Information.
Disclaimers; No Warranties
Any and all Service or Product Materials are for information purposes only and do not constitute an offer to buy or sell or the solicitation of any offer to buy or sell any service or product. Such an offering, if made, will only be made pursuant to a definitive offering memorandum. You agree that Lift Power Inc. will not have any liability to you or any of your representatives or related parties resulting from the use of the Website or any portion thereof and any Service or Product Materials accessed or used by you or them. Lift Power Inc. accepts no liability whatsoever for any possible subsequent loss or damage arising from the use of the Service or Product Materials.
THE WEBSITE AND ALL SERVICES PROVIDED THROUGH IT, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. NEITHER LIFT POWER, INC. NOR ITS THIRD PARTY PROVIDERS REPRESENT OR WARRANT THAT THE WEBSITE, OR SERVICE AND PRODUCT MATERIALS OR THEIR USE: (i) WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (iii) ANY ERRORS OR DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
YOU AGREE THAT NEITHER LIFT POWER, INC. NOR ITS THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR ANY TOOLS OFFERED TO YOU. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS LIFT POWER, INC. AND ITS THIRD PARTY PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF LIFT POWER, INC. AND ITS THIRD PARTY PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL LIFT POWER, INC. OR ITS THIRD PARTY PROVIDER PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF LIFT POWER, INC. OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY TOOLS PROVIDED TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF SUCH ITEMS.
You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations in connection with your access and/or use of the Website or tools made available to you.
The parties agree that these Terms, and any disputes arising out of or related to these Terms, shall be governed by, construed and enforced under the laws of the state of Florida (without regard to the principles governing conflict of laws) and any action or proceeding arising under these Terms or by use of the Website will only be brought in the courts in the State of Florida or in a United States District Court sitting in Florida.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Website, you agree to inform Lift Power Inc. in writing and to give us 30 days to cure the harm before initiating any action. You agree that you will pursue any claim arising under or related to these terms only in your or the respective client’s individual capacity, and not as part of any class action or collective action. You agree that you must pursue any claim you may have arising under or relating to the Website and associated content within twelve (12) months of the first discovery of such claim and any claim not brought within such period is waived and forfeited.
If any provisions of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of Terms shall remain enforceable. A failure to enforce any provision of these terms by Lift Power Inc. shall not be deemed a waiver of any of these Terms unless such provision is expressly waived in writing and signed by Lift Power Inc..
To contact us regarding these Terms, the Website or any services offered through our Website, please contact us at: https://www.liftpower.com or 904-783-0250.