Service Terms and
Conditions for Website Access and Use
This website is owned and operated by LiftUp Capital Inc.
(LiftUp). LiftUp may grant you, the "User" or "you," access to
various content, resources, communication tools, public forums,
commerce platforms, and additional services via its collection
of websites known as "The Service." By accessing LiftUp
websites, you agree to the subsequent Terms of Service.
This Agreement includes a mandatory arbitration clause,
stipulating that both you and LiftUp agree to settle certain
disagreements through binding individual arbitration, foregoing
the right for these disputes to be resolved by a judge or jury.
However, you retain the option to opt out of this arbitration
agreement.
LiftUp Capital Inc. is not liable for supplying any facilities
or equipment necessary for you to access its services. You
acknowledge and agree that the Service may contain
advertisements and sponsorships, which are crucial for LiftUp to
deliver the Service. Moreover, you understand and agree that
LiftUp offers no guarantees or assurances regarding the fitness,
reliability, availability, timeliness, or accuracy of the
information, products, services, and accompanying graphics
provided within The Service for any purpose. The Service is
extended "as is" and comes without any warranty whatsoever.
LiftUp Capital Inc. disclaims all warranties and conditions
related to The Service.
Detailed
Description of the Service
LiftUp Capital Inc.'s website delivers information about
LiftUp's debt resolution offerings, encompassing debt
negotiation and settlement services, alongside any associated
services conducted by LiftUp or its affiliates. To utilize the
website, you must secure access to the World Wide Web, either
directly or through devices that enable web-based content, and
pay any associated service fees. You are also responsible for
procuring all necessary equipment to make such a connection to
the World Wide Web, like a computer and modem or another type of
access device.
Eligibility
The Service is available exclusively to individuals and entities
that can form legally binding contracts under applicable law.
Minors, for instance, are prohibited from using the Service.
Should you be under the age of 18, you are required to cease
using this website immediately.
Acknowledgment and
Acceptance of Terms of Service
By engaging with the Services or accessing LiftUp Capital Inc.
websites in any capacity, you consent to abide by these terms
and conditions, along with all referenced policies and
guidelines. The Service is presented to you under the stated
terms and conditions, any modifications, and the various
operational rules or policies that LiftUp may publish
periodically as part of the Terms of Service/Legal Disclaimer
and related disclosures, all of which are incorporated here by
reference. The LiftUp Capital Inc. Terms of Service constitute
the whole agreement between you and LiftUp regarding the
Services, overriding any prior arrangements related to the
content herein.
Modification of
Terms of Service
LiftUp Capital Inc. reserves the right to amend any of the
terms, conditions, and notices under which the Services are
offered. You are accountable for regularly reviewing these terms
and conditions and any changes or updates we may include over
time. Your continued engagement with the Service signifies your
acceptance of all such terms, conditions, and notices.
Service
Modifications
LiftUp Capital Inc. may at any time, without notice to the User,
alter or cease the Service (or any part thereof), either
temporarily or permanently. You acknowledge that LiftUp shall
not be liable to you or any third-party should any aspect of the
Service be modified, suspended, or discontinued.
User Conduct and
Responsibilities
As a prerequisite for your utilization of the Service, you, the
User, commit to:
(a) providing true, accurate, current, and complete information
about yourself as prompted by the Service's registration forms
("Registration Information"); and
(b) maintaining and updating the Registration Information as
necessary to ensure that it remains accurate, current, and
complete.
Should any information you furnish prove to be untrue,
inaccurate, outdated, or incomplete, LiftUp Capital Inc.
reserves the right to terminate your account and refuse any
current or future use of the Service.
Furthermore, LiftUp Capital Inc. holds the right to use and
disclose aggregate registration information to third parties in
relation to marketing services, subject to adherence to our
privacy policy. You have granted LiftUp Capital Inc. the consent
to employ your Registration Information to personalize
advertising and service offerings, tailor content to your
interests, satisfy your demands for specific products and
services, and communicate with you via email or other methods
regarding special offers or new products.
Usage
Obligations
In utilizing LiftUp Capital Inc.'s Service, you are obligated
not to employ the Service for any unlawful purposes. You are
solely responsible for the content of your transmissions through
the Service.
You agree not to use the Service to:
(a) Obstruct or interfere with other Users' ability to use and
enjoy the Service;
(b) Infringe any local, state, national, or international laws
and regulations;
(c) Impersonate any person or entity, falsely state, or
misrepresent your affiliation with a person or entity;
(d) Interrupt or disrupt the Service or networks connected to
the Service, or disobey any network requirements, procedures, or
regulations;
(e) Distribute materials related to surveys, chain letters,
spamming, contests, pyramid schemes, or any repetitive or
unwanted messages (commercial or otherwise);
(f) Transmit content that is illegal, harmful, abusive,
offensive, defamatory, vulgar, obscene, or otherwise
objectionable, including content that invades another's privacy
or is ethnically offensive;
(g) Share content that infringes upon patents, trademarks,
copyrights, or other proprietary rights unless you have the
authority or all necessary permissions;
(h) Upload files containing viruses, worms, corrupted data, or
any other software designed to damage or disrupt the function of
computer or telecommunications equipment;
(i) Market, offer to sell, or buy goods or services for any
business purpose, unless the Service explicitly permits such
activities; and
(j) Replicate, duplicate, sell, resell, or use any part of the
Service for commercial purposes without authorization.
Links Within the
Service
The Service or third parties may provide links to other global
websites or resources, including those related to the
credentials and disciplinary histories of professionals. Since
LiftUp Capital Inc. has no control over such external sites and
resources, you acknowledge and agree that LiftUp Capital Inc. is
not responsible for their availability, and does not endorse,
and is not liable for any content, advertising, products, or
other materials on or accessible from such sites or resources.
You also acknowledge and agree that LiftUp Capital Inc. shall
not be liable, directly or indirectly, for any damage or loss
caused by or in association with the use of or reliance on any
content, goods, or services available through any such external
site or resource.
LiftUp Capital
Inc.'s Proprietary Rights
You acknowledge and agree that the Service, along with any
essential software utilized in connection with the service
("Software"), comprises proprietary and confidential material
safeguarded by intellectual property laws and other legal
statutes. You also acknowledge and agree that content made
available to you through the Service is protected by copyright,
trademarks, patents, or other proprietary rights and laws.
Unless explicitly authorized by LiftUp Capital Inc., you agree
not to alter, rent, lease, lend, sell, distribute, or create
derivative works based on the Service or the Software, either in
part or as a whole.
Privacy
Policy
Your registration details and certain other personal
information
are subject to our online Privacy Policy. For further details,
you can review our privacy policy at www.tryliftup.com.
Limitation of
Liability
You fully understand and agree that, to the legal extent
permissible, LiftUp Capital Inc. shall not be liable for any
direct, indirect, incidental, special, consequential, or
exemplary damages, including but not limited to, damages for
loss of profits, goodwill, usage, data, or other intangible
losses (even if LiftUp Capital Inc. has been informed of the
possibility of such damages), arising from:
(i) the use or the inability to use the Service;
(ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information, or services bought
or obtained, messages received, or transactions entered into
through or from the Service;
(iii) unauthorized access to or alteration of your
transmissions
or data;
(iv) statements or conduct of any third party on the
Service;
(v) any other matter relating to the service.
Indemnity
You agree to indemnify and hold harmless LiftUp Capital Inc.,
its subsidiaries, affiliates, officers, agents, co-branders,
partners, and employees from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or
arising out of content you submit, post, transmit, or make
available through the Service, your use of the Service, your
connection to the Service, your breach of these terms of use, or
your violation of any rights of another, whether direct or
indirect.
Special
Admonitions
for International Use
Acknowledging the global nature of the internet, you agree to
adhere to all local regulations pertaining to online behavior
and acceptable content. Specifically, you agree to abide by all
relevant laws regarding the exportation of technical data from
either the United States or the country in which you reside.
Content Provided
to
the Service
LiftUp Capital Inc. does not claim ownership of the "content"
(in the form of data, text, software, music, sound, photographs,
graphics, video, messages, or other materials) you provide to
LiftUp Capital Inc. (including feedback and suggestions) or
post, upload, transmit, input, or submit to any LiftUp Capital
Inc. site or service for review by the general public. However,
by submitting, posting, uploading, or making available content
or any other material, you grant LiftUp Capital Inc. and its
affiliate sites an unrestricted, irrevocable license to use your
submission in connection with their internet businesses, which
includes, without limitation, the rights to copy, distribute,
transmit, publicly display, perform, reproduce, edit, translate,
and reformat your submission, and to publish your name in
connection with your submission.
Copyright
Infringement Policy
In compliance with the provisions of the Digital Millennium
Copyright Act, Title 17 United States Code Section 512(c)(2)
("DMCA"), LiftUp Capital Inc. is committed to addressing claims
of copyright infringement and will take appropriate action when
necessary. If you believe that your work has been reproduced or
used on this website in a way that constitutes copyright
infringement, please provide a written notice of claimed
infringement to our Designated Agent with the following
information as required by the DMCA:
A physical or electronic signature of the copyright holder or a
person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been
infringed, including the date of copyright;
Identification of the material that is claimed to be infringing
and that you request to be removed from the website, along with
a sufficient description of where the infringing material is
located on the site;
Adequate information to allow us to contact you, such as your
address, telephone number, and email address;
A statement by you that you have a good faith belief that the
disputed use of the material is not authorized by the copyright
owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the
information in your notice is accurate and that you are the
copyright owner or authorized to act on their behalf.
LiftUp Capital Inc.'s designated agent for receipt of notices of
claimed copyright infringement can be reached at:
LiftUp Capital Inc.
1400 112th Ave SE, Suite 100, Bellevue, WA 98004
Email: contact@tryliftup.com
Applicable
Law
By accessing the LiftUp Capital Inc. website, you agree that the
laws of the State of Washington, without regard to its conflict
of laws principles, will govern these Terms of Use and any
dispute of any kind that might arise between you and LiftUp
Capital Inc.
Disputes
Any dispute relating in any way to your use of the website or
to
products or services sold or distributed by LiftUp Capital Inc.
will be resolved by binding arbitration, to be held in King
County, Washington, rather than in court, except that LiftUp
Capital Inc. may seek injunctive relief in any jurisdiction in
case of infringement or other misuse of intellectual property
rights. The arbitration shall be conducted in accordance with
the prevailing rules of the American Arbitration Association.
The arbitrator's award shall be final and binding, and may be
entered as a judgment in any court of competent jurisdiction. No
arbitration under these Terms of Use shall be joined to an
arbitration involving any other party subject to these Terms of
Use, whether through class arbitration proceedings or otherwise.
