Terms & Conditions
April 12, 2022
Lift Brands does not guarantee that the Site will be available 24 hours a day 7 days a week. Access to the Site may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond Lift Brands’ control. Lift Brands is not liable if for any reason the Site or any part of the Site are unavailable at any time for any period due to maintenance, whether planned or unplanned, or for any other reason.
Your Consent to Other Lift Brands Agreements
Ownership of this Site and its Content
This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation content submitted by users of this Site (collectively “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of Australia, the United States and other countries. All Content and intellectual property rights in the Content are the property of Lift Brands or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright, trademark, and other intellectual property laws.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, non-commercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
The purpose of the Site is to provide information to you about us, including:
- products and services we provide;
- prices of products and services we provide;
- the location of 9Round Clubs;
- other applications, platforms, and media channels we make available.
The Content of this Site is intended to provide general information only and is not to be relied on by you, or for any particular purpose. You acknowledge and agree that the information, details, and descriptions set out on this Site, including the products, services, prices and 9Round Gyms may change from time to time.
In addition, you may not collect personal information of Site members by electronic or other means for use in marketing or telemarketing applications or for the purpose of sending unsolicited e-mail to those members. You may not frame any page of this Site and you may not link to any page of this Site other than the home page without prior authorization.
Removal of Content
Violation of Copyrights
Lift Brands does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (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 that your own work, or the work of a third party for whom you are authorised to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitutes copyright infringement, please notify our Copyright Agent immediately (details set out below). Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorised to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner;
- a written statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Generally, the information we collect using web technologies does not identify you personally. If, however, you have created a profile on this Site, we may link the information we collect using web technologies to other information that identifies you personally.
Your statement must be addressed as follows:
Lift Brands, Inc.
Attn: Copyright Agent
2411 Galpin Court, Suite 110
Chanhassen, MN 55317
Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
In consideration of your use of this Site, you agree to provide true, accurate, current, and complete information about yourself and to update that information as necessary.
Any account you create through this Site is personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorised by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorised disclosure or use of your username or password by e-mailing us at [email protected] Until we are so notified you will remain liable for any unauthorised use of your account.
You warrant and represent as follows in respect of any material, data, photos, files, text, and other communications (“Material”) which you transmit or post to the Site:
- the Material is an original creation, or you own or have the right to use the Material;
- the Material is not misleading or deceptive;
- the Material does not infringe the rights of any third party; and
- the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.
The Material you provide to us through this Site will be and remain our exclusive property. Your submission of Material will constitute an assignment to us of all worldwide rights, title, and interests in the Material, including all copyrights and other intellectual property rights in the Material. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify the Material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Material that you do not wish to assign to us.
You acknowledge and agree that we remove any Material you transmit or post to this Site, without prior notice to you, and in our sole discretion.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFT BRANDS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFT BRANDS, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE, OR TO ANY SITES WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. FOR THE AVOIDANCE OF DOUBT, THIS DISCLAIMER IS NOT INTENDED TO EXCLUDE WARRANTIES OR GUARANTEES WHICH MAY NOT BE EXCLUDED BY FORCE OF ANY APPLICABLE LAW.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ERRORS OR ANY OTHER HARMFUL COMPONENTS (INCLUDING VIRUSES).
WHILE LIFT BRANDS STRIVES FOR ACCURACY, IT DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATABASE ON THIS SITE. LIFT BRANDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORISED LIFT BRANDS SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALISED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, AFFILIATES, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF LIFT BRANDS AND EACH OF OUR DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, YOUR INABILITY TO USE THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE, PRODUCTS OR SERVICES AVAILABLE ON THIS SITE AND/OR VIRUSES THAT MAY INFECT YOUR DEVICES AS A RESULT OF YOUR USE OF, ACCESS TO OR BROWSING OF THIS SITE OR ANY LINKED SERVICESS. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
Links to Other Sites
Modification and Discontinuation
We reserve the right at any time and from time-to-time to change, modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the Content, information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
You agree that Lift Brands is not required to give you notice prior to exercising these rights and, if this occurs, you are not entitled to make any claims for compensation, damages, or any other type.
Governing Law, Jurisdiction and Venue
You covenant in favour of Lift Brands not to bring, pursue, or procure that a third party bring or pursue, provide financial support for, or otherwise support any claim, action, dispute, demand, or proceeding in any court or tribunal in respect of any matter which is the subject of a release hereunder.