Terms & Conditions

Terms

Last Updated: March 3rd, 2026

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THE LIFTIFY WEBSITE, SOFTWARE OR ANY SERVICES (COLLECTIVELY REFERRED TO HERE AS “SERVICES”) PROVIDED BY LIFTIFY LLC DBA LIFTIFY (OR “US” OR “WE”) WHEREVER LOCATED, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE LIFTIFY SERVICES.

These terms and conditions of use (“Terms”) apply solely to your access and use of Liftify Software or Services or any related software or any services provided by US no matter where such Liftify Services are located or accessed. These Terms do not alter in any way the terms or conditions of any other agreement you may have with US for any other goods or services. If you are using Liftify Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and US for violations of these Terms. WE reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of Liftify Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of Liftify Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of Liftify Services. If you do not agree to the amended Terms, you must immediately stop using Liftify Services and inform US in writing as to your failure to agree. If you have any questions regarding the use of Liftify Services, please email us at terms@Liftify.com.

  1. Definitions
    1. Effective Date. Date that an Agreement takes effect for the first time and as to each Service Level Agreement, the date set forth in the applicable Service Level Agreement.
    2. Current Term. Contract period for which the current active contract is in place for, be it the Initial Term or subsequent Renewal Terms.
    3. Intellectual Property Rights. All current and future worldwide patent rights, copyrights, trade secrets, trademarks and any other property rights available.
    4. Software License Date. The Date upon which software subscription, as provided herein, will commence and end.
    5. Software. The software which allows you to execute surveys, request public reviews, manage and monitor all of your review sites as defined in the Service Level Agreement.
    6. Service. The work to be performed by the Supplier which will be described in a Service Level Agreement executed by the parties and referenced in the Agreement (hereinafter referred to as Service Level Agreement).
    7. Service Level Agreement (the “Agreement”).  The contractual terms between Liftity LLC (the “Supplier”)  and a Customer (the “Customer”).

  2. Services
    1. Software License: During the Software License Dates Liftify grants to Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Software and Services by Customer’s Users for its internal business purposes in accordance with these Liftify’s Terms and the Service Level Agreement. Advance notice of planned downtime will be provided or in the instance of a force majeure event. All rights that are not expressly granted to the Customer in these Terms are reserved by Liftify.
    2. Third Party Offerings:  Liftify may make access to or use of third-party software services, applications, or functionality that link to, interoperate with, or are incorporated into the Services available to Customer (collectively, “Third-Party Offerings”). Customer acknowledges that Liftify does not own or control such Third-Party Offerings, they are made available as a convenience only, and are not part of the Services or subject to any of the warranties, service commitments, or other obligations with respect to Services under these Customer Terms and that such Third-Party Offerings are subject to their own terms and conditions. Any acquisition by Customer of Third-Party Offerings, and any exchange of data between Customer and its Users and any Third Party Offering is solely between Customer and its Users and the applicable Third-Party Offering provider. Access to and use of any Third-Party Offering is at Customer’s own risk and is solely determined by the relevant third-party provider and is subject to such additional terms and conditions applicable to such Third-Party Offering. Liftify may disable or restrict access to any Third-Party Offerings on the Service at any time without notice. Liftify is not liable for Third-Party Offerings or any Customer Data provided to a third party via a Third-Party Offering.

  3. Terms & Conditions
    1. Term. The term of the Service Level Agreement shall commence on the Effective Date and shall continue in effect for a period specified in the agreement, unless terminated earlier as provided herein.
    2. Pre-License Period. To ensure customer satisfaction with the product, the Customer may have a period, as noted in the Service Level Agreement, from the Effective Date until the Software License Date for Supplier to install the product, train users and for Customer to begin use of the Software.
    3. Renewals.  Supplier will notify the customer of the upcoming renewal period within thirty (30) days of the renewal deadline at which the customer may elect not to renew. If Customer chooses to renew they are responsible to provide an updated Purchase Order (if applicable) by the time of the renewal date. Unless a new PO is provided, billing will be made consistent with this Agreement OR the previous PO.  Pricing at time of the renewal may be adjusted to reflect current Software and Service pricing.  
    4. Termination for Breach or Insolvency. Either party may terminate the Agreement as to some or all Service Level Agreement hereunder for failure by the other party to comply with the material terms of the Agreement, provided such breach is not cured within thirty (30) days after written notice of the breach is received from the other party. Either party may terminate the Agreement, without penalty, if the other party seeks the protection of any bankruptcy court, becomes insolvent, ceases to do business in the normal course, or makes an assignment for the benefit of creditors.
    5. Termination for Non-Payment. Unless otherwise noted, Customer agrees to pay all invoices within 30-days of issuance. Customer will have 45 days to pay outstanding invoices prior to  termination of services for non-payment. Notice will be provided in writing for balances that are 30 and 45 days past due. Final notice of termination of services will be provided 45 days past due. Outstanding balances will be sent to Collections for processing at that time.
    6. Effect of Termination.
      1. Upon termination of the contract and at the Termination Date, customer access to Software will cease. Customer data may be provided to the customer upon final termination. Data will be delivered deidentified.
      2. Upon termination of services, if applicable, Supplier will retrieve all applicable equipment from Customer site(s), less consumable equipment.
      3. Services that are terminated due to non-payment may be reactivated within 30-days of the termination date, provided Customer pays all outstanding invoices. A reactivation fee of 10% of the contract amount will be assessed at that time.

  4. Payments & Fees
    1. Invoicing for Software and Services. Begins on the day as indicated in the Agreement.
    2. Fees. Except as otherwise provided in a Agreement, Customer agrees to pay the fees and any other compensation to Supplier (the “Fees”), in accordance with the rates pricing included in Agreement.
    3. Payment Terms. Fees shall be due and payable to Supplier upon receipt of a correct and accurate invoice on thirty (30) days net terms from receipt. A late fee of five percent (5.0%) may be assessed against any undisputed amounts not paid within thirty (30) days of Customer’s receipt of Supplier’s notice that such undisputed amounts have not been paid within the initial thirty (30) day period.  
    4. Taxes. All fees are exclusive of, and Customer is responsible for, applicable federal, state, or local sales, use, excise, export or other applicable taxes other than taxes on the net income of Supplier unless tax exemption is provided by Customer. Customer shall pay or reimburse Supplier for any such taxes and Supplier may add any such taxes to invoices submitted to Customer by Supplier. 


Using Liftify's Services: Registration Data & Other Information Provided by You

 

  1. The Customer's Responsibilities
    The Customer is responsible for all activities that occur in the Customer’s Liftify Software account(s) including the conduct of the Customer’s Users. The Customer will: have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (b) prevent unauthorized access to, or use of the Service, and notify Liftify promptly of any unauthorized access or use; (c) comply with all applicable local, state, federal, and foreign laws in using the Services; (d) ensure that the Customer’s use of all functions of the Service complies with the Customer’s own governing documents, which may include, but may not be limited to, the Customer’s bylaws, policies, articles or certificate of incorporation, articles or certificate of organization, employee handbook, operating agreement, and any other documents or agreements relating to the Customer’s governance and ability to take actions as an entity; and (e) ensure that Customer’s Users use the Services in compliance with these Customer Terms.
    You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms in the Liftify Services (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to US in order to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to US.
    You represent and warrant that: (i) all Registration Data is accurate, current and complete; and (ii) all other information you provide to US in the course of using is true and accurate.

  2. Restrictions on Use
    The Customer will use the Services solely for its internal business purposes and will not, and will not permit its Users to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Services available to any third party, except as expressly authorized by these Customer Terms; (b) send via, upload to, or store within the Services any infringing, obscene, threatening, defamatory, fraudulent, abusive, or otherwise unlawful or tortious material, including, without limitation, material that is harmful to children or violates third party privacy rights; (c) send via, upload to, or store within the Services any Malicious Code; (d) interfere with, damage, destroy, disrupt, disrupt, impair, impede, or otherwise harm the integrity or performance of the Services or the data contained therein; (e) attempt to gain unauthorized access to the Service or its related systems or networks; (f) decompile, disassemble, decode, reproduce, redesign, or reverse engineer the Services or its component parts or otherwise decrypt encrypted information provided pursuant to the provision of Services; (g) modify, copy, or create derivative works of or based on the Services; (h) frame or mirror any content forming part of the Services, other than on the Customer’s own intranets, or otherwise for the Customer’s own internal business purposes; (i) access the Services in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Services.

 

Third Party Content

In the course of providing Liftify Services, WE may access or provide third party content. Notwithstanding any terms to the contrary in these Terms or otherwise in the Liftify Services: (i) WE do not control, endorse or adopt any Third Party Services or Content and make no representation or warranties of any kind regarding the Third Party Services or Content including, but not limited to, regarding its accuracy or completeness; and (ii) you acknowledge and agree that WE are not responsible or liable in any manner for any Third Party Services or Content and undertakes no responsibility to update or review any Third Party Services or Content. You acknowledge and agree that your use such Third Party Services or Content contained on the Liftify Services (or made available via the Liftify Services) are at your own risk.

Copyright and Limited License

Unless otherwise indicated in the Liftify Services or these Liftify Services Terms, the Liftify Services and all content and other materials on the Liftify Services, including, but not limited to, Liftify Site, Software or Services and any associated logos and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Liftify Services Materials”) are the proprietary property of Liftify LLC or its licensors or users and are protected by U.S. and international trademark and copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Liftify Services and electronically copy, (except where prohibited without a license) and to print hard copy portions of the Liftify Services Materials (except Third Party Content) for your commercial use only, as limited by these terms or other agreements that may be applicable between you and US.  Such license is subject to these Liftify Services Terms and does not include: (i) any resale or commercial use of the Liftify Services or the Liftify Services Materials therein; (ii) the distribution, public performance or public display of any Liftify Services or Materials; (iii) modifying or otherwise making any derivative uses of the Liftify Services and the Liftify Services Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading of any portion of the Liftify Services, the Liftify Services Materials or any information contained therein, except as expressly permitted on the Liftify Services; (vi) any use of the Liftify Services or the Liftify Services Materials other than for its intended purpose; or (vii) any reverse engineering, decompiling or other efforts to obtain the source or application code or elements of the source or application code used by Liftify Services. Any use of the Liftify Services or the Liftify Services Materials other than as specifically authorized in these Liftify Services Terms, without the prior written permission of US, is strictly prohibited and will terminate the license granted in these Liftify Services Terms.  Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Liftify Services Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

User-Generated Content (3rd Party Reviews)

By making available any user-generated content (“User Content”) through the Liftify Services, you hereby grant to US a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Liftify Services.  WE do not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Liftify Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Liftify Services or you have all rights, licenses, consents and releases that are necessary to grant to US the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Liftify’s use of the User Content (or any portion thereof) on, through or by means of the Liftify Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

WE reserve the right (but shall have no obligation) to remove any or all User Content from the Liftify Services in our sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take-down request from US.  In the event that you elect not to comply with a request from US to take down certain User Content, WE reserve the right to directly take down such User Content.

Compliance with 3rd Party Review Site Policies

You agree to adhere to the applicable terms of service of all major review sites.  This includes but not limited to Google, Facebook, Yelp, and other review sites.

Review gating: You cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.

When soliciting reviews using our platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.

Sites prohibiting solicitation of reviews:  You agree to fully comply with sites such as Yelp that prohibit review solicitation and will not misuse the Liftify Services to bypass review sites’ policies.

Failure to comply with 3rd Party Review site policies: If you attempt to circumvent the terms of service for 3rd party review sites, WE will notify you and allow 30 days to take corrective action. If you fail to comply within the 30-day notice period, Your account may be suspended by US, in our sole discretion.

Trademarks

Liftify Services plus related logos or marks and any other service name or slogan contained in the Liftify Services are trademarks of Liftify LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of US or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing Liftify Services, Liftify.com or any other name, trademark or service name of US without our prior written permission. In addition, the look and feel of the Liftify Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WE or US may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Liftify Services or software names and logos mentioned in the Liftify Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by US.

Restrictions

You agree not to do any of the following while using the Liftify Services:

  • Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Liftify Services, or any individual element or materials within or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Liftify’s express written consent;
  • Access, tamper with, or use non-public areas of the Liftify Services, Liftify’s computer systems, or the technical delivery systems of US, or our providers;
  • Attempt to probe, scan, or test the vulnerability of any Liftify Services system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by US or any of our providers or any other third party (including another user) to protect the Liftify Services;
  • Attempt to access or search the Liftify Services or download any of our content from the Liftify Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the Software and/or search agents provided by US or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Liftify Services trademark, logo URL or product name without our express written consent;
  • Use the Liftify Services for the purpose of bringing an intellectual property infringement claim against US or for the purpose of creating a product or service competitive with the services provided by US.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Liftify Services to send altered, deceptive or false source- identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the Liftify Services including those used to provide those to you;
  • Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Liftify Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing;
  • Collect or store any personally identifiable information from the Liftify Services from other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

WE have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Liftify Services security issues, to the fullest extent of the law.  WE may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that WE have no obligation to monitor your access to or use of the Liftify Services or to review or edit any User Content, but have the right to do so for the purpose of operating the Liftify Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  WE reserve the right, at any time and without prior notice, to remove or disable access to the Liftify Services and any User Content, that WE, in our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Liftify Services.

Warranties
  1. Privacy. Please refer to our Privacy Policy located at https://www.liftify.com/privacy for information on how WE collect, use and disclose personally identifiable information from our Customers and users.
  2. Services. All Services provided by Supplier to Customer under the Agreement shall be performed by adequately trained and experienced personnel and in accordance with the terms of the Agreement, or any Service Level Agreement executed between the parties.
  3. Supplier’s Legal Status. Supplier warrants that it is duly organized and in good standing under the laws of the jurisdiction in which it is organized and has authority and power to enter into the Agreement and perform its obligations hereunder. Supplier warrants that it is not currently the subject of voluntary or involuntary petition in bankruptcy, does not currently contemplate the filing any such petition, and is not aware of any claim for the filing of an involuntary petition.  

Mutual Indemnification

Each party (as "Indemnifying Party") agrees, at its sole expense, to defend, indemnify and hold harmless the other party and its respective independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, "Indemnified Parties"), from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) the Indemnifying Party's use of or provision of the Liftify Services and/or the Liftify Services Materials; (ii) the Indemnifying Party's conduct; or (iii) the Indemnifying Party's violation of these Liftify Services Terms or violation of the rights of any third party.


Disclaimer

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SERVICES ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ANY SERVICES WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING (BUT NOT LIMITED TO): (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.  LIFTIFY LLC DBA Liftify DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WE reserve the right to change any and all content contained in the Liftify Services at any time without notice.  Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by WE or US.

Digital Millennium Copyright ACT (“DMCA”)

WE respect the intellectual property rights of others and expect our users to do the same.  In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Liftify Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
  • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:

          “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent , or the law (e.g., as a fair use).”

          “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our designated Copyright Agent:

Copyright Agent
Liftify
484 E. Carmel Dr., Suite 344, Carmel, Indiana 46032
copyright@Liftify.com

 

Limitation of Liability

IN NO EVENT WILL LIFTIFY LLC DBA Liftify BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE Liftify SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US VIA THE Liftify SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO LIFTIFY LLC OR ITS RECORDS, PROGRAMS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY Liftify SERVICES, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR LIFTIFY LLC OR Liftify SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO LIFTIFY LLC RECORDS OR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.

International Use

WE make no representation that use of Liftify Services is appropriate or available for use in locations outside the United States and accessing them from territories where their use or content is illegal is prohibited. Those who choose to access Liftify Services from other locations do so on their own initiative and are responsible for compliance with local laws.

Complete Agreement; Amendment. Each party acknowledges that it has read the  Agreement and any exhibits, understands them, and agrees to be bound by their terms, and further agrees that they are the complete and exclusive statement of the Agreement between the parties which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this Agreement. The Agreement may not be modified or altered except by written instrument duly executed by both parties. 

The Service Level Agreement, together with any exhibits identified to each shall be deemed independent obligations of the parties. Notwithstanding the foregoing, each Agreement shall be governed by these Terms . The Service Level Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and both of which together shall constitute the entire Agreement. 
  1. Governing Laws. The Agreement will be governed by and construed and enforced in accordance with the laws of the State of Indiana.  
  2. Severability. If any provision of the Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. 
  3. Force Majeure. For a period of up to thirty (30) days after a Force Majeure event, neither party shall be in default or otherwise liable for any delay in or failure of its performance under the Agreement if such delay or failure arises by any reason beyond its reasonable control, including, but not limited to, orders or other governmental directives, acts of God, acts of a common enemy, fires, explosions which cause a delay or failure of performance (each, a “Force Majeure Event”); provided the non-performing party provides prompt notice to the other party and is without fault in causing such failure or delay, and such failure or delay could not have been prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing or delayed party through the use of alternate sources, workaround plans or other means. In such event, the non-performing or delayed party shall be excused from further performance or observance of the obligation(s) so affected for as long as such circumstances prevail and such non-performing or delayed party continues to use its best efforts to recommence performance or observance whenever and to whatever extent possible without delay. 
  4. Assignment. Except as otherwise set forth in the Agreement, neither party may assign or transfer any of the rights, duties or obligations herein, without prior consent of the other, which consent shall not be unreasonably withheld, delayed or conditioned, except that (1) Customer may assign the Agreement without payment of any fee to an affiliate at any time; provided that, Customer provides prior written notice to Supplier of such assignment; and (2) either party may assign the Agreement without payment of any fee to a successor entity resulting from a merger or sale of substantially all of the assets of the party, with prior written notice to the other party. 
  5. Assumption by Successor to Supplier. In the event of the acquisition of Supplier's business, software, or both by a third party, Supplier agrees to make such an acquisition subject to the assumption of the terms of the Agreement by the third party.  
  6. Waiver. The waiver or failure of either party to exercise in any respect any right provided for in the Agreement shall not be deemed a waiver of any further right under the Agreement.

Questions and Contact Information

Questions or comments about the Liftify Services or these Terms and Conditions may be directed to WE or US by emailing us at terms@liftify.com