Terms and Conditions



PLEASE READ THESE TERMS OF USE (“TERMS OF USE“) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

THIS WEBSITE IS OWNED AND OPERATED BY LIFT CO. LTD. (“LIFT“, “WE” AND “US“), 77 PETER STREET, SUITE 200, TORONTO, ON, M5V 2G4. ACCESS AND USE OF THIS WEBSITE (“WEBSITE“) AND ITS RELATED SERVICES INCLUDING THE LIFT REWARDS PROGRAM (THE “SERVICES“) ARE PROVIDED BY LIFT TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE. BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES (INCLUDING THE PURCHASE OF ANY PRODUCTS OFFERED ON THIS WEBSITE (“PRODUCTS“)), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

These Terms of Use govern the relationship between you, this Website visitor and/or member (“you”) and Lift with respect to your use of this Website and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.

You understand that aspects of this Website and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Website and receive the Services in your jurisdiction.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Website or the Services.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website. Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services. You may only use this Website and the Services for lawful purposes.

You may only access and use this Website if you are the age of majority in the jurisdiction in which you reside. Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services is not allowed.

1. JURISDICTION

If you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into these Terms of Use or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

2. PRIVACY

Lift is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services. Please see our Privacy Policy https://lift.co/privacy for further details.

Should you choose to post any content or other material on our Website, you understand that such material (including, for example, your name and/or your user ID) may become public.

You acknowledge and agree that access to and use of this Website and the Services is provided via the internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.

3. MEMBERS

In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account“) with us. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.

You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.

You must not choose a username that infringes the rights of any third party, impersonates any Lift employee, other users, celebrity or anyone with considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements specified in our Code of Conduct noted below. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Website or the Services via your username or password to any third person.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

You may not use the account, username, or password of anyone else at any time. You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You cannot transfer your Account to any other person, or permit anyone to use the same at any time.

We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.

4. PRODUCTS

This Website may allow you to purchase Products (such as tickets to our events) from time to time. Please note that advertisements on this Website for Products are invitations to you to make offers to purchase Products and do not offer to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order for a Product will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order.

Some situations may result in your order for Product(s) being cancelled. These include, but are not limited to: limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.

Although we will endeavour to provide you with the most accurate information regarding the Products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on this Website.

Subject to applicable laws, we may amend this Website, the Products listed on this Website, and/or the amounts that we charge for same at any time, without prior notice.

5. REWARDS PROGRAM

If you register for the Lift Rewards Program (the “Program“), the following terms and conditions apply to you and your participation in same.

By registering for the Program, you:

  1. are requesting to subscribe to the Program (and thus receive, for example, coupons, promotional offers and other marketing materials (collectively “Marketing Materials“) electronically or otherwise from Lift and/or participating retailers, licensed producers and service providers (“Retailers“);
  2. acknowledge that enrollment, subscription and all related benefits of the Program are offered at Lift’s discretion solely;
  3. agree that you will verify your email as requested by Lift;
  4. agree that you have read, understand and agree to these Terms of Use; and
  5. consent to the collection, use and disclosure of your personal information as provided herein.

The Program is intended for personal use only. Commercial use is prohibited. The Program is not targeted towards, nor intended for use by, anyone under the age of majority in your jurisdiction of residence. The Program and Marketing Materials are void where prohibited by law. No purchase necessary.

To subscribe to the Program, you must provide us with a username and e-mail address. You may be asked to provide us with your full name, address and birth date in the future to maintain your subscription.

If we accept your application for enrollment to the Website, we will also automatically enroll you in the Program (in which case you will become a “Participant”); and we will send you an e-mail notifying you of same.

Once a Participant, we may send you certain Marketing Materials from time to time. We have no obligations, however, to do so. Kindly note that your ability to use some of the Marketing Materials that we send to you may be subject to additional terms and conditions.

You may not transfer, sell, exchange, give, charge or otherwise dispose of any Marketing Materials except in accordance with such conditions as we may prescribe from time to time. Marketing Materials have no cash, monetary or other value and cannot be converted into any currency.

Limit: one joint Website and Program account per person.

6. REFER A FRIEND PROGRAM

Lift may offer and/or implement a refer a friend program, at their sole discretion, from time to time (“Refer A Friend Program”). Lift Rewards Members who participate in the Refer A Friend Program can earn Lift Points in an amount as advertised on lift.co at the time of the referral for every friend they refer who registers with lift.co as a new Lift Rewards Member with their referral code and verifies their email. All new Lift Rewards Members who sign up with a referral code will also earn Lift Points upon registration using the referral code and verification of their email. Lift reserves the right not to issue Lift points or any reward if it is found that the terms and conditions of the Refer a Friend Program have been breached. Lift also reserves the right to change the Refer a Friend Program terms and conditions at any time, including but not limited to the amount of Lift Points granted for each referral or to each new Lift Rewards Member who registers through the program.

Rewards program Participants who have not verified their email accounts as requested by Lift are not considered a Lift Rewards Member and do not qualify for Lift Points pursuant to the Refer a Friend Program.

7. PAYMENT

The prices displayed on this Website are quoted in Canadian dollars.

Fees for any Products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any Products on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties. You are responsible for the payment of the same.

Where you elect to purchase any Products, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such Services as more particularly set out in the order confirmation provided at the time that you ordered such Services. Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.

No refunds are available under any circumstances for any Products purchased.

8. PERSONAL USE ONLY

Unless we expressly consent otherwise, this Website and the Services are only for personal use (and not for commercial purposes).

9. CODE OF CONDUCT

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Website or the Services. Lift does not condone or allow unsolicited commercial electronic communications (i.e. spam). You agree that you will not use this Website or the Services to send unsolicited commercial or other electronic messages to Lift or any other users.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Lift’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.

While using this Website or the Services you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services. In addition, and without limiting the foregoing, you agree not to:

  1. post anything that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
  2. post anything that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;
  3. post anything that infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (c) any confidentiality obligation;
  4. post anything that (a) does not generally pertain to the designated topic or theme of this Website or the Services; (b) violates any specific restrictions applicable to this Website or the Services, including age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming”, “flooding”, or “trolling”, as those terms are commonly understood and used on the internet;
  5. post anything that: (a) expresses or implies that any statements you make or actions you take are endorsed by us; (b) impersonate another person (including celebrities); (c) indicate that you are a Lift employee, representative of Lift; or (d) attempt to mislead users by indicating that you represent Lift or any of Lift’s partners or affiliates;
  6. post anything that is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  7. post anything that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Service or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Service;
  8. download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in this Website or the Services, except as expressly authorized by us in writing;
  9. use tools which hack or alter this Website, the Services or that allow you to connect to this Website’s or the Services’ private binary interface or utilize user or other interfaces other than those provided by us to you;
  10. attempt to obtain a password or other private account information from any other user of this Website or the Services; or
  11. create multiple Accounts for the purpose of sale or transfer to others, transfer your Account to others, park your Account or those of others, or use another person’s Account with Lift.
You further agree not to:
  1. mirror or frame any part of the Website without our express prior written consent; and
  2. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent.

Do not use our Website or the Services, or lodge complaints against other users, to facilitate a personal dispute.

If you have reason to believe that another person is using the Website or our Services in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities, or appropriate municipal, provincial, state or federal agencies.

10. MONITORING

We strive to provide an enjoyable online experience for our users, so we may monitor any activity on our Website or the Services, including in the public discussion areas, bulletin boards, forums, blogs, and elsewhere, to foster compliance with these Terms of Use.

PLEASE NOTE THAT WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT: (I) THIS WEBSITE, THE SERVICES, OR ANY PORTION THEREOF, WILL BE MONITORED (E.G. FOR ACCURACY OR UNACCEPTABLE USE); (II) APPARENT STATEMENTS OF FACT WILL BE AUTHENTICATED; OR (III) WE WILL TAKE ANY SPECIFIC ACTION (OR ANY ACTION AT ALL) IN THE EVENT OF A CHALLENGE OR DISPUTE REGARDING COMPLIANCE OR NON-COMPLIANCE WITH THESE TERMS OF USE. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on this Website or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

We have the right, but not the obligation, to delete any communications, content or other materials on this Website at any time without notice or liability to you.

11. INVESTIGATIONS

You agree that Lift or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of: (i) any breach of these Terms of Use; (ii) infringement of third party rights; or (iii) any unauthorized use of this Website or the Services. Lift does not intend to disclose the existence or occurrence of such any investigation unless required by law or if requested by law enforcement officials.

12. AVAILABILITY

WHILE WE ENDEAVOUR TO KEEP DOWNTIME TO A MINIMUM, WE CANNOT PROMISE THAT THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. WE RESERVE THE RIGHT TO INTERRUPT/SUSPEND THIS WEBSITE OR THE SERVICES, OR ANY PART THEREOF, WITH OR WITHOUT PRIOR NOTICE FOR ANY REASON AND YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OF FEES FOR INTERRUPTION OF THIS WEBSITE OR THE SERVICES.

13. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Website and the Services, and you shall be solely responsible for all charges and fees related thereto.

14. CURRENCY OF WEBSITE

Lift updates the information on this Website and the Services periodically. HOWEVER, LIFT CANNOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THIS WEBSITE AND THE SERVICES. Lift may revise, supplement or delete information, services and/or the resources contained in this site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors.

15. LINKED WEBSITES

This Website or the Services may provide links to third-party websites for your convenience only. The inclusion of these links does not imply that Lift monitors or endorses these websites. Lift does not accept any responsibility for such websites. LIFT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR THE RELIANCE UPON ANY INFORMATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR LINKED RESOURCES.

16. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Website or the Services.

 

LIFT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY OF USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE. Lift recommends that you install appropriate anti-virus or other protective software.

17. OUR MATERIALS

Lift may make certain communications, content, software or other materials (including, for example, all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, the “Lift Materials“) available to you from this Website or the Services, from time to time. If you download or use the Lift Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Lift’s prior written permission; and (iii) shall only be used in compliance with any additional license terms accompanying such Lift Materials. Lift does not transfer either the title or the intellectual property rights to the Lift Materials to you, and retains full and complete title to the Lift Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Lift Materials. You further agree not to decompile, reverse-engineer, or disassemble any Lift Materials. Lift or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

This Website (including its organization and presentation and Lift Materials) is the property of Lift and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

18. YOUR MATERIALS

By posting, downloading, displaying, performing, transmitting, or otherwise distributing any communications, content or other materials to this Website or the Services by you or at your direction (“User Materials“), you hereby assign all right, title and interest in and to such User Materials to Lift. You also hereby waive all moral rights that you may have in such User Materials. No additional consideration will be provided to you for your User Materials. You agree that, unless you advise otherwise, Lift may publish or otherwise disclose your name or username in connection with your User Materials. We may also anonymize (or otherwise de-identify) your User Materials. By posting User Materials on this Website or the Services, you represent and warrant that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third-party rights rests solely with you.

You are solely responsible for your User Materials. You are solely responsible for making and keeping backup copies of your User Materials and for applying the appropriate level of access rights to same. LIFT SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION OR ACCURACY OF ANY USER MATERIALS, THE FAILURE TO STORE, TRANSMIT, ENCRYPT (OR OTHERWISE SECURE) OR RECEIVE ANY USER MATERIALS, OR THE STORAGE, TRANSMISSION, ENCRYPTION (OR OTHER SECURITY) OR RECEIPT OF ANY OTHER COMMUNICATION INVOLVING THE USE OF THIS WEBSITE OR THE SERVICES.

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this Website or the Services and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.

19. WEBSITE, SERVICES AND MATERIALS PROVIDED “AS IS”

THIS WEBSITE, THE PRODUCTS, THE SERVICES AND ALL OF THE INFORMATION AND OTHER MATERIALS AVAILABLE ON THIS WEBSITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIFT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.

THE SERVICES AND ALL MATERIALS CONTAINED ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER ADVISOR.

20. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LIFT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS (THE “LIFT PARTIES“) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF INFORMATION), ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE PRODUCTS, THE SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF LIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISCONDUCT), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, LIFT’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE, THE PRODUCTS, THE SERVICES AND THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF: (I) FIFTY PERCENT (50%) OF THE FEES THAT YOU ACTUALLY PAID TO LIFT IN CONSIDERATION OF ANY PRODUCTS PURCHASED BY YOU OR SERVICES PROVIDED TO YOU UNDER THESE TERMS OF USE; AND (II) FIVE ($5.00) DOLLARS CAD.

THE CONSIDERATION BEING PAID TO LIFT UNDER THESE TERMS OF USE DOES NOT INCLUDE ANY CONSIDERATION FOR US TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LIFT PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO LIFT AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST LIFT IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR SERVICES; (2) YOUR BREACH OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO A LIFT PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE OR SERVICES; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS AND PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE OR SERVICES USING YOUR ACCOUNT OR EMAIL ADDRESS.

IF LIFT TAKES ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, LIFT WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO LIFT.

22. TERM & TERMINATION

Lift may, from time to time, but is in no way obligated to, permit you to access and use this Website and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Lift shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.

 

Lift may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use or any of the licenses granted hereunder. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

23. SUSPENSIONS

We reserve the right to suspend your Account and/or your access to this Website and/or the Services immediately, with or without notice to you, and without liability to you, if Lift, in its sole discretion, believes that:

  1. you have violated or otherwise breached these Terms of Use;
  2. any information provided by you is untrue, inaccurate, not current or incomplete; or
  3. you, or any other parties, are obtaining unauthorized access to our Website, or any other systems or information of Lift.

These suspensions will be for such periods of time as Lift may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

24. NOTICE

If you need to contact us regarding this Website, the Services or these Terms of Use, please e-mail us at hello@lift.co.

25. YOUR COMMENTS

Feel free to e-mail your comments, suggestions and feedback (“Comments“) to Lift at the e-mail addresses provided in this Website or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Lift is not liable for any damages related to communications to or from this Website or the Services.

You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Lift has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Lift may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

26. CLASS ACTION WAIVER TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. 27. MISCELLANEOUS

These Terms of Use is governed by and construed in accordance with the laws in the Province of Ontario, Canada, without regard to its principles of conflicts of law. You agree to the personal jurisdiction by the courts located in the Province of Ontario, located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Sections 15-20, 28-29, together with your obligations under Sections 6 and 8 will survive termination or expiry of these Terms of Use.

Subject to any additional terms and conditions presented to you at the time of such purchase or download a Product, these Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.

These Terms of Use are not assignable, transferable or sub-licensable by you except with Lift’s prior written consent. We may assign, transfer or convey these Terms of Use to a third party without notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on June 1, 2019.