Terms and Conditions

Last updated: February 3, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the LIFTLINGO mobile application, the www.liftlingo.com website, the LIFTLINGO newsletter or any other related product or service (collectively referred to herein as the "Service(s)") operated by LIFTLINGO, LLC, a California limited liability company ("us", "we", or "our").  Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.  By accessing or using the Service you agree to be bound by these Terms.  If you disagree with any part of the terms then you do not have permission to access the Service.

1. Purchases.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked by third parties, such as Apple, Inc., to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Any transactions made by you in this regard will be facilitated by Apple, Inc. (or other third parties), and as such, such transactions will be governed by such third parties’ Terms and Conditions.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.  We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

2. Availability, Errors and Inaccuracies.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.  We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

3. Subscriptions.

Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). All subscriptions are non-refundable, and all cancellations will be facilitated through your Apple account.

4. Fee Changes.

LIFTLINGO, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.  LIFTLINGO, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.  Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

5. Refunds.

Except when required by law, paid Subscription fees are non-refundable.

6. Accounts.

When you create an account with us, you guarantee that you are at least 18 years of age, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, your mobile device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

7. Copyright Policy.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.  If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@liftlingo.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

8. DMCA Notice and Procedure for Copyright Infringement Claims.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our staff with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

· a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

· identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

· your address, telephone number, and email address;

· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· 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 authorized to act on the copyright owner's behalf.

You can contact our staff via email at info@liftlingo.com

9. Intellectual Property.

The Service and its original content, features and functionality are and will remain the exclusive property of LIFTLINGO, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the 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 LIFTLINGO, LLC.

10. License.

The Services are licensed, not sold, to you by LIFTLINGO, LLC for use strictly in accordance with these terms and conditions.  We grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Services solely for your personal, non-commercial purposes strictly in accordance with these terms and conditions.  You agree not to, and you will not permit others to:

· license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party.

· copy or use the Services for any purpose other than as permitted under this section 'License'.

· modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services.

· remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of LIFTLINGO, LLC or its affiliates, partners, suppliers or the licensors of the Services.

11. Modifications and Updates to the Services.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services or any service to which it connects, with or without notice and without liability to you.  From time to time we may provide enhancements or improvements to the features/functionality of the Services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Services. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Services to you.  You further agree that all Updates will be (i) deemed to constitute an integral part of the Services, and (ii) subject to these terms and conditions.

12. Links To Other Web Sites.

Our Service may contain links to third party web sites, mobile applications, software programs, or services that are not owned or controlled by LIFTLINGO, LLC.  LIFTLINGO, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites, mobile applications, software programs, or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that LIFTLINGO, LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites, mobile applications, software programs, or services.  We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

13. Third Party Services.

The Services may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.  Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Apple, the Apple logo, Apple TV, Apple Watch, iPad, iPhone, iPod, iPod touch, iTunes, the iTunes logo, Mac, and QuickTime are trademarks of Apple Inc., registered in the U.S. and other countries. Multi-Touch is a trademark of Apple Inc. App Store is a service mark of Apple Inc., registered in the U.S. and other countries. IOS is a trademark or registered trademark of Cisco in the U.S. and other countries and is used under license. Other product and company names mentioned herein may be trademarks of their respective companies.

14. Termination.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.  If you wish to terminate your account, you may do so within the account settings in the mobile application. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  If you do not use the Services for a period of twelve months, we may disable your account.

15. Indemnification.

You agree to defend, indemnify and hold harmless LIFTLINGO, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

16. Limitation Of Liability.

In no event shall LIFTLINGO, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

17. Disclaimer.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.  LIFTLINGO, LLC its subsidiaries, affiliates, managers, members, employees, contractors, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

18. Fitness disclaimer.

The Services offer health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.

Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read during your use of the Services. The use of any information provided in conjunction with the Services is done solely at your own risk.

The information provided via the Services is for general information purposes only.

We assume no responsibility for errors or omissions in the contents on the Service.

In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.

The Services are only intended to be used by individuals that are healthy enough to perform physical exercise. If you decide to use the Services, then you are affirming that a doctor has given you approval to use the Services, OR that all of the following statements are true:

· no doctor has ever informed you that you have a heart condition or that you should only do physical activities recommended by a doctor;

· you have never felt chest pain when engaging in physical exercise;

· you have not experienced chest pain when not engaged in physical exercise at any time within the past month;

· you have never lost your balance because of dizziness and you have never lost consciousness;

· you do not have a bone or joint problem that could be made worse by a change in your physical exercise;

· you are not currently taking prescription drugs for high or low blood pressure and/or a heart condition;

· you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;

· you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and

· you do not know of any other reason you should not engage in physical exercise.

You also affirm that (a) you are not pregnant, breastfeeding or lactating, or (b) if you are in fact pregnant, breastfeeding, or lactating, that your doctor has specifically approved your use of the Services.

You should discontinue exercise if doing so causes pain or severe discomfort, and you should consult a doctor before continuing physical exercise in such cases.

By using the Services, you acknowledge that you are aware of the inherent physical and mental health risks to exercise, including risk of injury or illness. By using the Services, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Services is done at your own risk. Neither we nor any of our trainers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our workout plans or exercises. While we may provide video representations of specific physical exercises, by engaging in such exercise, you assume sole responsibility for any risk of injury resulting therefrom.

19. External links disclaimer.

The Services may contain links to external websites that are not provided or maintained by or in any way affiliated with LIFTLINGO, LLC. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

20. Exclusions.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

21. Export Compliance.

You may not export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained.  In particular, but without limitation, the Services may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.  By installing or using any component of the Services or the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

22. Governing Law.

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

23. Changes.

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, such as when we add new features, and we reserve the right in our sole discretion to modify and/or make changes to these Terms at any time. If we make any material change to these Terms, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through the Service. Modifications will become effective on the day they are posted unless stated otherwise.  Your continued use of the Services after changes become effective shall mean that you accept those changes. You should visit the Services regularly to ensure that you are aware of the latest version of these Terms, as the then-current Terms will list the effective date.

24. Contact Us.

If you have any questions about these Terms, please contact us at info@liftlingo.com.