Terms & Conditions

28 2023, ডিসেম্বর এ তৈরি • Legal • 1,113 দেখা • 22 মিনিট পড়া

lifterbrand.com Web Site (the “Site”) is an online information service provided by KT Informatik, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.

LB MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Last Updated: January 1st, 2024

1. Ownership, Licenses and Idea Submissions

Each Site relies on proprietary Lifter Brand technology and encompasses the Content. It is safeguarded by applicable intellectual property and other laws, encompassing trademark and copyright laws. Every Site, along with all intellectual property rights within a Site, is the exclusive property of Lifter Brand or its licensors (if any). Lifter Brand exclusively owns and preserves all copyrights pertaining to the Content. Unless expressly permitted on a Site for specific Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any manner. You agree not to alter, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or a Site, in whole or in part, through any means. Lifter Brand, the Lifter Brand logos, and other marks utilized by Lifter Brand, including those found on our trademarks page at [insert Lifter Brand trademarks page], are trademarks and the exclusive property of Lifter Brand. The visual elements, layout, color scheme, and design of the LifterBrand.com site are protected trade dress. No rights or licenses are granted to use the aforementioned. Lifter Brand reserves the right to use and integrate any suggestions or feedback you provide into a Site or the Lifter Brand Service, without payment or conditions.

2. Copyrights and Trademarks

In accordance with Title 17, United States Code, Section 512(c)(2), notifications of alleged copyright infringement on a Site or the Service must be directed to Lifter Brand's designated Copyright Agent. Refer to the Claims of Copyright Infringement instructions below.

The entire contents of the Site are the property of Lifter Brand. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to LB a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to LB by all means and in any media now known or hereafter developed. You also grant to LB the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against LB for any alleged or actual infringement or misappropriation of any proprietary right in your communications to LB.Publications, products, content or services referenced herein or on the Site are the exclusive property of or service marks of LB. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of Site

You acknowledge that, aside from information, products, or services explicitly identified as provided by Lifter Brand, Lifter Brand does not operate, control, or endorse any content on the Internet. With the exception of information, products, or services specifically identified with LifterBrand.com, all offerings on the Internet are generally from third parties not affiliated with Lifter Brand. Additionally, you understand that Lifter Brand cannot guarantee or warrant that files available for download through the Site will be free of infection, viruses, worms, Trojan horses, or other code that may have contaminating or destructive properties. It is your responsibility to implement adequate procedures and checkpoints for the accuracy of data input and output and to maintain external means for the reconstruction of any lost data.

You assume full responsibility and risk for your use of the Site and the Internet. Lifter Brand provides the Site and related information "as is" and makes no express or implied warranties, representations, or endorsements whatsoever, including but not limited to warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any merchandise information, or service provided through the service or on the Internet generally. Lifter Brand shall not be liable for any cost or damage arising directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. Lifter Brand does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You further understand that the Internet's pure nature includes unedited materials, some of which may be sexually explicit or offensive to you. Your access to such materials is at your own risk.

Lifter Brand has no control over and accepts no responsibility for such materials.

4. Liability

In no event will Lifter Brand be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Lifter Brand or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Lifter Brand’s liability is limited to the greatest extent permitted by law.

Lifter Brand makes no representations whatsoever about any other website that you may access through this one or which may link to this Site. When you access a non-Lifter Brand website, please understand that it is independent from Lifter Brand, and that Lifter Brand has no control over the content on that website. In addition, a link to a LifterBrand.com website does not imply that Lifter Brand endorses or accepts any responsibility for the content or the use of such a website.

Lifter Brand will not email your prospects that are in your Contact Manager, as those leads were generated for your personal business campaigns.

5. Information and Materials You Post or Provide

LB takes all necessary measures to prevent abuse and violations of rights through the utilization of its website, landing pages, and tools ("Service"). It is important to note that, due to the user-uploaded nature of the content on our system, we lack control over all the content uploaded.

Any information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on the Service ("Content") are the sole responsibility of the individual from whom such Content originated. Users are accountable for all Content they upload, post, transmit, or otherwise make available via the Service. LB does not exercise control over the Content posted via the Service.

While using the Service, exposure to content that may be offensive, indecent, or objectionable is possible. LB will not be held liable for your Content or the content of any third party, including, but not limited to, errors or omissions in your Content, or any loss or damage incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Service. It is recognized that LB does not pre-screen Content, but retains the right (without obligation) to refuse, move, or delete any Content available via the Service. The discretion to remove any Content that violates these Terms or is otherwise objectionable is also retained. Users must assess and bear all risks associated with the use of any Content, and reliance on any Content created by LB is not permissible. It is acknowledged and agreed that LB may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LB, its users, and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

6. Prohibited Use of a Site

You will not upload, post, transmit or otherwise make available any Content that:violates the law, poses harm, threatens, abuses, harasses, tortures, defames, uses vulgar or obscene language, libels, invades another's privacy (including, but not limited to, any address, email, phone number, or other contact information without the written consent of the owner), expresses hate, or is racially, ethnically, or otherwise objectionable; transmit content without the right to do so under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes on any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to); includes unsolicited commercial email or "spam," which encompasses unethical marketing, advertising, or any other practice connected with "spam," such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; contains software viruses, worms, Trojan horses, or any other computer code, files, or programs that disrupt, destroy, or limit the functionality of the Service, computer software, or hardware or telecommunications equipment, or may impact the ability of any Lifter Brand user to access the Service; aims to take advantage of a user, such as through "get rich quick" schemes, "get paid to surf," pyramid marketing, or other dubious practices; or is adult in nature, displaying nudity in a sexual context or any content with adult themes or exposed genitalia; harms minors in any way; "stalks," “bullies,” or otherwise harasses another; impersonates any person or entity, including, but not limited to, a Lifter Brand official, forum leader, guide, or host, or falsely states or otherwise misrepresents your affiliation with a person or entity; forges headers or manipulates identifiers to disguise the origin of any Content transmitted through the Service; interferes with or disrupts the Service, servers, or networks connected to the Service, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Service; intentionally or unintentionally violates any applicable local, state, federal, or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries; promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices; uses the Service as a forwarding service to another website or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms; solicits a third party’s passwords or personal identifying information for unlawful or phishing purposes; exceeds the scope of the Service that you have signed up for (e.g., by accessing and using tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content); uploads files for the sole purpose of having them hosted by us but for use outside of the Lifter Brand system; creates a website that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or uses, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.

We retain the right to terminate any account or user who has violated any of the above prohibitions and no refund of any kind will be due if your account is terminated for violation of TOS.

You can not send more than three (3) emails, in any 24 hour period, to the same recipient, from your LB account or related account(s). This is a direct violation of our TOS and will result in immediate termination of your Member account and no refund of any kind will be due.

You can not upload the same contact list to multiple LB accounts and send more than three (3) combined TOTAL emails, in any 24 hour period, from all related accounts, to the same recipient. This is a direct violation of our TOS and will result in immediate termination of your Member account, as well as ALL related LB accounts, and no refund of any kind will be due.

7. Links to Third-Party Web Sites

Links on a Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and be subject to the terms and privacy policies of those third parties. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Lifter Brand of the third party, the third-party web site, or the information there. Lifter Brand is not responsible for the availability of any such web sites. Lifter Brand is not responsible or liable for any such web sites or the content thereon.

8. Content Not Allowed

These types of sites are not allowed on Lifter Brand system:

  • Adult:  involving nudity in a sexual context, exposed genitalia or adult themes 
  • Copyrighted Content:  music, movies or games that you do not own the rights to
  • Spam/SEO:  a site whose sole purpose is to gain Google ranking, Facebook "likes", etc
  • Phishing:  a site meant to trick users into providing their username and password
  • Illegal Content:  content which may be illegal in the United States or under the laws of other countries
  • Scams:  get rich quick, pyramid, or other dubious schemes
  • File Hosting:  including sites that are not created with the Lifter Brand editor
  • Injurious Experience:  sites using the "Custom HTML" element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
  • Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons

This list is a quick reference and is not meant to be complete.

9. Disclaimers; Limitations of Liability

LIFTER BRAND AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF A SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIFTER BRAND AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO A SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIFTER BRAND IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIFTER BRAND AND ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF A SITE, WITH THE DELAY OR INABILITY TO USE A SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF A SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF LIFTER BRAND OR ANY OF LIFTER BRAND'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, LIFTER BRAND IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF LIFTER BRAND AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on a Site. You agree to indemnify, defend and hold harmless LifterBrand, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use a Site or the Content, or any violation by you of these Terms of Use.

11. Term; Termination.

This Agreement is a month-to-month term and may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Ownership, Licenses and Idea Submissions), 2 (Copyrights and Trademarks), 3 (Use of Site), 4 (Liability) , 6 (Prohibited Use of a Site), 7 ( Links to Third-Party Web Sites)and 9(Disclaimers; Limitations of Liability) shall survive any termination of this Agreement.

12. Payment Policy

Effective immediately, the following payment policy MUST be adhered to. THERE ARE NO EXCEPTIONS, Lifter Brand (LB) REQUIRES ALL MEMBERS TO READ, UNDERSTAND AND ADHERE TO THIS POLICY except by other written arrangements approved by LB.

Our policy is to collect Membership payment on the date of service when we deliver products, and then charge the payment method on file, on each following monthly/yearly anniversary date, until which time the Member chooses to cancel their LB Membership. Non-payment will result in your LB account being suspended or terminated, depending on the severity of the delinquency.

We also provide addons which may require one time or monthly payment. Monthly payment will be charged on every month anniversary date (the date will count as the first date  of adding the addons). Addons are non refundable once added. You can cancel the add-on subscriptions immediately which will prevent charging you the next billing cycle. 

If, for any reason, we send an invoice to you for any products or services, other than your Monthly/yearly Membership, payment must be sent within 30 business days of your receipt of the invoice, unless other LB-approved arrangements have been made ahead of time.

If you have questions or concerns, or you feel that you have been charged incorrectly, please contact us IMMEDIATELY, so we can work together to find a solution.

We prefer to work payment issues out in a positive way and we try not to terminate Membership accounts, unless we have no other recourse.

13. General Provisions

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Lifter Brand of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  3. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Lifter Brand's Privacy Policy, your use of a Site, any other Lifter Brand web site or the Content are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Boston, Massachusetts in the event of any dispute of any kind arising from or relating to these Terms of Use, Lifter Brand's Privacy Policy, your use of a Site, any other Lifter Brand web site or the Content.

Copyright 2024 Lifter Brand. All rights reserved

Claims of Copyright Infringement

DMCA Notices

Lifter Brand respects the intellectual property rights of others, and we ask our users to do the same. Lifter Brand may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on Lifter Brand's website, please provide the following information to Lifter Brand's Copyright Agent.

Contact Lifter Brand

The LifterBrand Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to copyright@lifterbrand.com or by sending a letter via Canada Post to: Lifter Brand, 20-175 Trudelle St Toronto, ON, M1J 3K5, Canada. Use Subject as Lifter Brand: Copyright Issue.

Submission of Notification

To be effective, the Notification must include the following:

1)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");

2)Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lifter Brand to locate the material;

4)Information reasonably sufficient to permit Lifter Brand to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

5)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

6)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.

Receipt of Notification:

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

a)Lifter Brand will remove or disable access to the material that is alleged to be infringing;

b)Lifter Brand will forward the written notification to such alleged infringer (the "Alleged Infringer");

c)Lifter Brand will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.

Counter Notification:

An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Lifter Brand's Copyright Agent that includes substantially the following:

1)A physical or electronic signature of the Alleged Infringer;

2)Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3)A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4)The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Lifter Brand may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.

Receipt of Counter Notification:

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:


a) Lifter Brand will promptly provide the Complaining Party with a copy of the Counter Notification;

b)Lifter Brand will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;

c) Lifter Brand will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Lifter Brand's Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Lifter Brand's network or system.

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