Effective Date: February 26, 2021

Terms of Use

Thanks for visiting Lift-Up! Lift-Up (“we,” “us,” or “our”) hopes to provide you a memorable user experience.

Acknowledgment

By using Lift-Up (i.e., by accessing or using any or all Lift-Up content and services offered through Lift-Up’s website at www.lift-up.org, YouTube Channel, or other social media), you are bound by the Terms of Use set forth below. If you do not accept or agree to these Terms of Use, please do not use Lift-Up.

You represent that you are over 18 years of age. Lift-Up does not permit use by those under 18 years of age.

Lift-Up content is for general use and should not be viewed as applicable to any individual situation. Lift-Up content is not intended to be a substitute for advice from an appropriately qualified healthcare professional, who can determine your individual needs. Lift-Up tips are intended for informational purposes only and Lift-Up does not provide professional advice. You must make your own assessment of Lift-Up’s content and you use it at your own discretion.

Your use of Lift-Up is also conditioned on your acceptance of and compliance with Lift-Up’s Privacy Policy. The Privacy Policy describes Lift-Up’s policies and procedures on the collection, use, and disclosure of your personal information when you use Lift-Up. Lift-Up’s Privacy Policy is incorporated by reference into these Terms of Use. Please read our Privacy Policy carefully before using Lift-Up.

Although Lift-Up strives for accuracy in all of its content, Lift-Up makes no representations, warranties, or assurances as to the availability, accuracy, currency, or completeness of its contents. Lift-Up shall not be liable for any damages or injury resulting from your access to, inability to access, or use of its content, including, without limitation, any damages or injury arising from any links or references to other research contained within or referred to in Lift-Up.

Intellectual Property

Lift-Up content (excluding content provided by you or other users), features and functionality are, and will remain, the exclusive property of Lift-Up and its licensors.

Lift-Up is protected by copyright, trademark, and other laws of both the District of Columbia, United States, and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Lift-Up.

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Lift-Up site infringe your copyright, you (or your agent) may send Lift-Up a notice requesting that the material be removed, or access to it blocked, by writing to http://www.lift-up.org/contact-us. This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Lift-Up to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright for details. Lift-Up suggests that you consult your legal advisor before filing a notice. Please be aware that there can be penalties for false claims under the DMCA.

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Lift-Up’s trademarks or the trademark rights claimed by Lift-Up. You agree that you will not use Lift-Up or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Lift-Up’s prior written consent, any word or mark which is similar to or likely to be confused with Lift-Up’s Trademarks. The look and feel of the Lift-Up website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Lift-Up and may not be copied, imitated or used, in whole or in part, without the prior written consent of Lift-Up.

Your Feedback to Us

You assign all rights, title and interest in any Feedback you provide Lift-Up. If for any reason such assignment is ineffective, you agree to grant Lift-Up a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Lift-Up may contain links to third-party websites or services that are not owned or controlled by Lift-Up.

Lift-Up has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Lift-Up 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 reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use or Privacy Policy, or if Lift-Up is investigating suspected misconduct. Upon termination, your right to use Lift-Up will cease immediately.      

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Lift-Up and any of its suppliers under any provision of this Terms of Use and your exclusive remedy for all of the foregoing shall be limited to 100 USD.

To the maximum extent permitted by applicable law, in no event shall Lift-Up or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Lift-Up, third-party software and/or third-party hardware used with/by Lift-Up, or otherwise in connection with any provision of this Terms of Use), even if Lift-Up or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the minimum amount permitted by law.

Partisan Political Activities or Unlawful and Unethical Activities/Conduct

You agree that you will not use Lift-Up for organized partisan political activities or any unlawful or unethical activities. You further agree that you will not send any of the following content (“Prohibited Content”) to Lift-Up: (i) content that defames, harasses or threatens others; (ii) content that discusses illegal activities with the intent to commit such activities, or encourage others to commit such activities; (iii) content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets; (iv) content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties; (v) material that contains obscene (i.e., pornographic) language or images; (vi) advertising, promotional materials, or any form of commercial solicitation; (vii) content that otherwise harms other users or visitors to Lift-Up; (viii) content that is otherwise unlawful or that violates any applicable local, state, national or international law.

You agree that you shall not: (i) engage in any conduct that shall constitute a violation of any law or that infringes the rights of Lift-Up; (ii) violate any applicable laws or regulations related to the use of Lift-Up, or engage in any activity prohibited by the Terms of Use; (iii) violate the rights of Lift-Up (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; or (iv) interference with the technical functionality offered by Lift-Up.

"As is" and "As available" Disclaimer

Lift-Up is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Lift-Up, on its own behalf and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Lift-Up, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Lift-Up provides no warranty or undertaking, and makes no representation of any kind that it will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, Lift-Up makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of Lift-Up, or the information, content, and materials or products included thereon; (ii) that Lift-Up will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Lift-Up; or (iv) that Lift-Up, its servers, the content, or e-mails sent from or on behalf of Lift-Up are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the District of Columbia, United States, excluding its conflicts of law rules, shall govern this Terms of Use. You hereby consent to the personal jurisdiction of, and venue in, the state and federal courts located within the District of Columbia, United States. Your use of Lift-Up may also be subject to other local, state, national, or international laws.

Dispute Resolution

For any dispute you may have with Lift-Up, you agree to first and foremost contact Lift-Up at http://www.lift-up.org/contact-us to attempt to resolve the dispute informally. You will not start any legal proceedings whatsoever without first contacting Lift-Up in this manner and giving Lift-Up the opportunity and sufficient time, as reasonably determined by Lift-Up, to resolve the matter. In your email, please describe in as much detail as possible the ways in which you believe there has been improper activity for which Lift-Up could be responsible.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that: (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms of Use shall not have effect on a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Any change or modification will be effective immediately upon posting here by Lift-Up. You should visit this page periodically to review the Terms of Use.

By continuing to access or use Lift-Up after those revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new Terms of Use, in whole or in part, please stop using Lift-Up.

Contact Us

If you have questions, comments, or concerns, please contact us at http://www.lift-up.org/contact-us and we will be happy to address them.