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Lift-n-Go │
Terms of Use
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Last Updated:
July 11,
2008
Please read these Terms of Use
carefully. They contain important
information about your rights and
obligations.
www.lift-n-go.com (the "Website") is brought to you by
Lift-n-Go ("we" or "us"). By
visiting and/or using the Website, you
fully and unconditionally agree to these
Terms of Use. If you do not agree to
these Terms of Use, please do not visit
or use the Website. We may revise these
Terms of Use at any time by updating
this page. By using the Website, you
agree to be bound by any such changes.
Your Conduct
Any information that you submit to us or
that we collect through the Website is
subject to our
Privacy Policy, the
terms of which are incorporated into
these Terms of Use.
If you use any chat room or other community on the
Website, you must be at least thirteen
(13) years old. If you are a convicted
sexual predator, you may not use any
such Website feature.
We recommend that minors over age 13 (that is, between
ages 13 and 18) obtain their parent’s or
guardian’s permission before sending
information about themselves to anyone
online.
Click here
for tips on
staying safe online.
By using the
Website, you agree not to upload, post,
email or otherwise send or transmit any
material that: (1) contains viruses or
any other computer code, files or
programs designed to interrupt, destroy
or limit the functionality of any
computer software or hardware or
telecommunications equipment associated
with the Website; (2) is abusive,
illegal, libelous, defamatory, obscene,
threatening, invasive of privacy or
publicity rights or otherwise
objectionable or which may give rise to
liability or violate any law; (3) is in
violation of a copyright, trademark or
other intellectual property or other
right of any person; or (4) requests
personally identifiable information. You
also agree not to: (1) impersonate any
other person while using the Website;
(2) use the Website for any unlawful
purpose; or (3) upload commercial
content to the Website or use the
Website to solicit others without our
express prior written permission. If you
use any chat room or other community on
the Website, you will treat other users
with respect.
If you choose to upload video and/or photographs to the
Website, by uploading such video or
photographs you agree that they: (1) do
not contain any copyrighted materials or
trademarks that you do not own; and (2)
do not depict any individual or feature
the voice of any individual other than
you unless you have obtained permission
from each person depicted or featured in
the video. Any elements or persons that
appear in the video and/or photograph,
including without limitation, images,
music, audio, speech, or other
audiovisual materials used must be
entirely original, created and performed
by the entrant, or be in the public
domain. We may, but have no obligation
to, remove video or photographs that use
any elements that are not original or in
the public domain.
We do not and
cannot review all communications and
materials posted to the Website, and we
are not responsible for the content of
such communications and materials. You
acknowledge that, by providing you with
the ability to view and distribute
user-generated content on the Website,
we are acting only as a passive conduit
for such distribution, and we are not
undertaking any obligation or liability
relating to any such content. All such
content is offered AS IS, and you view
and use it at your own risk. However, we
reserve the right to block or remove
communications or materials that we
determine to be: (a) abusive, defamatory
or obscene; (b) fraudulent, deceptive or
misleading; (c) in violation of a
copyright, trademark or other
intellectual property or other right of
any person; (d) in violation of these
Terms of Use; or (e) offensive or
otherwise unacceptable to us in our sole
discretion. If you become aware of
misuse of the Website by any person,
please contact us at
admin@lift-n-go.com.
Use of Information Submitted
You agree that we are free to use any comments,
information or ideas contained in any
communication you may send to us,
without notice, compensation or
acknowledgement to you, for any purpose
whatsoever, including but not limited to
developing, manufacturing and marketing
products and services and creating,
modifying or improving the Website or
other products or services.
Termination
We reserve the right in our sole discretion to
terminate or restrict your use of the
Website, without notice, for any or no
reason, and without liability to you or
any third party.
Copyright
The entire
content of the Website, including but
not limited to text, graphics and code,
is the property of Lift-n-Go. Copyright 2008,
Lift-n-Go ALL RIGHTS RESERVED. We grant you
permission to electronically copy and
print hard copy portions of the Website
solely for your own personal, non-commercial
use, provided that you do not change or
delete any proprietary notices from
downloaded or printed materials. Any
other use, including but not limited to
the reproduction, distribution, display
or transmission of the Website content
is strictly prohibited, unless
authorized by us in writing.
Trademarks
All trademarks, service marks and trade
names of
Lift-n-Go used
on the Website are trademarks or
registered trademarks of
Lift-n-Go
in the U.S. and/or other
countries. They may not be used without
our prior express written permission.
All other trademarks that appear on the
Website are the property of their
respective owners, who may or may not be
affiliated with, connected to or
endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WE PRESENT THE WEBSITE
"AS IS" AND WITHOUT ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We assume no liability or responsibility
for any errors or omissions on the
Website; any failures, delays or
interruptions in the Website’s
accessibility; any losses or damages
arising from the use of the Website; or
any conduct by other users of the
Website. We reserve the right to deliver
the Website in our sole and absolute
discretion. Some jurisdictions do not
allow the disclaimer of implied
warranties, so the foregoing may not
apply to you. IN NO EVENT SHALL
LIFT-N-GO, ITS
AFFILIATES, SUBSIDIARIES, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE (JOINTLY OR SEVERALLY) TO YOU
FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THE WEBSITE OR THESE
TERMS OF USE, ON ANY THEORY OF
LIABILITY, AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE. Some states
do not allow the exclusion of certain
damages, so the above may not apply to
you. If any authority holds any portion
of this section to be unenforceable,
then liability will be limited to the
fullest possible extent permitted by
law.
Indemnification
You agree to indemnify, defend and hold
Lift-n-Go, its shareholders,
officers, directors, employees and
agents harmless from and against any
third-party claim or cause of action,
including reasonable attorneys’ fees and
court costs, arising, directly or
indirectly, in whole or in part, out of
your use of the Website or your
violation of these Terms of Use, any law
or the rights of any third party.
Electronic Notices
By using the Website, you agree to receive electronic
communications from us. You agree that
any notice, agreement, disclosure or
other communication that we send you
electronically will satisfy any legal
communication requirements, including
that such communications be in writing.
Third-Party Links
The Website may link to sites operated by third
parties. However, we have no control
over these linked sites, all of which
have their own terms of use and data
collection practices. These linked sites
are only for your convenience, and you
access them at your own risk.
Disputes
Your use of the Website shall be
governed by the laws of Minnesota,
without regard to choice of law
provisions. Except where prohibited, you
agree that any and all disputes, claims
and causes of action directly or
indirectly arising out of or relating to
the Website shall be resolved
individually, without resort to any form
of class action, and exclusively in the
state or federal courts located in
Nicollet County, Minnesota. Any cause of
action or claim you may have with
respect to the Website must be commenced
within one (1) year after the claim or
cause of action arises, or it shall be
forever barred.
General
If any provision of these Terms of Use is held to be
invalid or unenforceable, such provision
shall be struck, and the remaining
provisions shall be enforced. Headings
are for reference purposes only and in
no way define, limit, construe or
describe the extent or scope of such
provision. Our failure to enforce any
provision of these Terms of Use shall
not constitute a waiver of that or any
other provision. These Terms of Use set
forth the entire understanding and
agreement between you and
Lift-n-Go with respect to the
subject matter hereof.
Contact Us
If you have any questions about these
Terms of Use, please contact us at:
admin@lift-n-go.com.
Lift-n-Go
P. O. Box 99
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111 East LeRay
Avenue
Eagle Lake, MN 56024
507.257.3600
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