LiftForward Terms of Use

Welcome to the LiftForward, Inc. website, operated by LiftForward, Inc., a Delaware corporation (“LiftForward,” “we,” “us,” or “our”). The following terms of service (the “Terms of Service”) govern your access to and use of this website, https://www.liftforward.com, including any subdomain thereof (the “Website”). All use of the Website and the Content (as defined below), including your account on the Website (your “LiftForward Account”), is subject to the Terms of Service. By using this Website, you agree to be bound by these Terms of Service, LiftForward’s Privacy Policy (the “Privacy Policy”), which can be found https://www.liftforward.com/privacy, and all disclaimers and terms and conditions that appear elsewhere on this Website. If you do not agree with anything contained in the Terms of Service, please do not submit information to, access information from, or otherwise utilize the Website.

About the Terms of Service

The Terms of Service constitute a binding legal contract between you and LiftForward, Inc., and are in addition to any other agreements between you and LiftForward, including any borrower agreement, that govern your use of products, services, content, tools and information available on the Website. If there is any contradiction between these Terms of Service and another agreement you enter into with LiftForward, the other agreement shall take precedence.

Modifications to the Terms of Service and the Website

By using or accessing the Website, you agree that LiftForward may modify the Terms of Service or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms of Service will indicate your acceptance of the relevant modification and the Terms of Service as so modified.

It is your responsibility to review the Terms of Service from time to time to see if modifications have been made. Any modification is effective immediately from and after LiftForward’s posting of such modification on the Website, or other update of the Website or the Terms of Service. You will know if these Terms of Service have been modified since your last visit to the Website by referring to the “Last Modified” date at the end of this page. LiftForward reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.

Privacy Policy

Your privacy is very important to us. We encourage you to read the Privacy Policy, which can be found https://www.liftforward.com/privacy and explains how we treat your personal information and protect your privacy when you are using the Website. By using the Website, you agree that LiftForward may use your information as set forth in the Privacy Policy. The Privacy Policy is hereby incorporated in the Terms of Service by reference in its entirety.

Although we strive to maintain adequate safeguards designed to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with LiftForward will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that LiftForward and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to LiftForward by e-mail or other electronic communications or via the Website.

Acceptable Use of the Website; Conditions of Your Use

The Website is for your own personal use only. The Website is designed for individuals contemplating entering into loans or individuals interested in learning more about LiftForward and its products and services. You may only use the Website for one of these purposes.

Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than your own personal use or as otherwise permitted in an agreement between LiftForward and yourself (“Permitted Use”), including any purpose competitive to LiftForward or any commercial purpose, including marketing; (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or LiftForward’s products or services.

Your use of the Website is conditioned upon the following statements being true:

You are 18 years of age or older;
You are a U.S. resident;
You are able to form a binding contract with LiftForward;
You are not prohibited by law from accessing the Website or have not previously been banned, terminated or otherwise denied access to the Website; and
You are not acting on behalf of a person whose access to the Website has been previously terminated or otherwise denied by us.

Except as explicitly permitted by the Terms of Service, and without limiting anything else in the Terms of Service, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever. You also may not redeliver any of the pages, text, images or other Content or the Website using “framing” or similar technology or for any purpose, including any attempt to impersonate LiftForward or any employee, representative or agent of LiftForward or otherwise create the appearance or suggestion that you have a relationship to LiftForward or that we have endorsed you for any purpose. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.

As conditions of your use of the Website, you agree to comply with the Terms of Service and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms of Service, you agree not to:

Register for more than one account, or register for an account on behalf of an individual other than yourself;
Impersonate or spoof the identity of another user of the Website, any employee, agent or representative of LiftForward or any other person, otherwise mislead LiftForward as to your identity or financial status or condition, or attempt to do the same;
Attempt to or enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any LiftForward server or data contained therein (the “Materials”), including through hacking, password theft or any other means;
Attempt or enable others to attempt to obtain any Materials or Content through any means that LiftForward has not intentionally made available on the Website including using any automatic process, such as data mining, robots or similar data gathering and extraction tools, to search or harvest information from the Website or attempt to access or search the Website, Materials or Content with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by LiftForward or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox or Google Chrome);
Use the Website or the Materials in any manner (or any other conduct) that could damage, disable overburden or impair the Website or any LiftForward server or the network(s) connected to any LiftForward server or the availability or accessibility thereof, or that might interfere with any other person’s access to or use or enjoyment of any Materials;
Use any Materials, data or Content or distribute any Content in competition with LiftForward or to its detriment in any way;
Access, tamper with, or use non-public areas of the Website, LiftForward’s servers, computer systems, or the technical delivery systems of LiftForward’s service or hosting providers or lessors;
Attempt to decipher, decompile, disassemble, or reverse engineer, reverse compile or reverse assemble any of the software used to provide the Website or Content;
Use, save, imbed, transmit or send (whether on, to or through the Website), directly or indirectly, any material or file containing, or linked to, any virus, worm or any other computer, software or technological component, code, routine, script, malware, spyware, files, keystroke logger, Trojan horse, rootkit, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

LiftForward does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to LiftForward or the Website. If LiftForward permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:

Is commercial or promotional in nature, without the prior written authorization of LiftForward
Constitutes junk mail, unsolicited commercial messages (“spam”), chain letters, pyramid schemes or the like;
Is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically, religiously or otherwise objectionable, or otherwise violates the legal rights of others or capable of giving rise to legal action whether against you or LiftForward or any affiliate or a third party (in each case under any applicable law) or that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint;
You do not have the right to make available under any law or under contractual or fiduciary relationships or obligations (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
Contains viruses, worms or any other computer, software or technological component, code, routine, script, malware, spyware, keystroke logger, Trojan horse, rootkit, files, application or program designed to intercept, interrupt, destroy, or limit the functionality of any computer software, network or hardware or telecommunications equipment.

LiftForward reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, LiftForward does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against LiftForward or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding LiftForward’s rights under the Terms of Service, LiftForward does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.

LiftForward’s Intellectual Property, Copyrights and Identifying Marks

All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of LiftForward or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.

You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to the terms and conditions of the Terms of Service, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms of Service terminate or expire or your right to use or access the Website is terminated in accordance with below (“Termination; Survival of Provisions”). Without LiftForward’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by LiftForward.

Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by LiftForward or displayed on the Website without the written permission of LiftForward (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of LiftForward or any of its affiliates, directors, officers or employees.

For purposes of the Terms of Service, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of LiftForward’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.

Information and Feedback You Provide to LiftForward

By submitting information or other material to us, if any, you grant LiftForward a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the Terms of Service and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to us with respect to the Content or the Website. You and we acknowledge and agree that any such Feedback is given voluntarily. We will endeavor to consider, and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or LiftForward’s loans, products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Website is provided to you on an “as is” and “as available” basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

LiftForward DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND LiftForward SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN.

LiftForward MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. LiftForward AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS, THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LiftForward OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

IN NO EVENT SHALL LiftForward HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF LiftForward (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE THAT LiftForward’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST LiftForward, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO LiftForward FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT.

You acknowledge that LiftForward has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any affiliate or subsidiary of LiftForward or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual and representative capacities (collectively, the “Released Parties”) in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms of Service will protect the Released Parties as well as LiftForward.

Nothing in the Terms of Service shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.

Registration; Security and Password

You may be presented with the opportunity to register for an account with LiftForward. You agree that the registration information you provide is accurate, complete and current. We reserve the right to reject any registration and you acknowledge and agree that LiftForward, in its sole discretion, may suspend or discontinue your access to or use of any portion of the Website at any time without notice to you.

Once you have registered, you will receive or will be able to create or input a username and password. You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all actions or activities that occur on the Website during any time period in which your user ID is logged in to the Website, whether or not expressly authorized by you. You agree not to disclose your password to any third party (except to any agent, representative or third party service provider of LiftForward). LiftForward disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. If you become aware of any unauthorized use of, loss or theft of your username, password, or other account information or credentials, you should immediately inform us at [email protected].

While data transmitted via the Website may be encrypted using a Secure Sockets Layer (SSL) protocol, please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third parties.

Electronic Communication

You acknowledge and agree that the communications between you and LiftForward are electronic. You consent to receive communications from LiftForward in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. LiftForward will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by LiftForward to shall be to stop your use of the Website.

TCPA Consent

Without limiting any other rights LiftForward or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf or servicing the loan for us) communicating with you, in connection with your application or loan, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf or servicing the loan for us). LiftForward (and/or any person or entity acting on our behalf or servicing the loan for the us) may communicate with you using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. You acknowledge that such communications are informational communications and are not made for the purpose of telemarketing. LiftForward (and/or any person or entity acting on our behalf or servicing the loan for us) may use such means of communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means.

Third Party Websites and Content

The Website may contain links to third-party websites. Any such link is provided only as a convenience. LiftForward has no control over any such other websites, the contents thereof or the products and/or services offered. The existence of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by LiftForward of any third party website, any content or information contained therein or the products and/or services offered. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the LiftForward Website. You should read such terms and conditions and privacy policies carefully before using any such third-party website. Your access to and use of such linked websites is governed by the Terms of Service and privacy policies of those sites, and shall be at your own risk. LiftForward is not responsible for the content of any third-party websites, nor does LiftForward make any warranties or representations, express or implied, regarding the content on any third-party websites, and LiftForward shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such websites or otherwise.

Web Beacons and Cookies

LiftForward uses certain technology known as "Web beacons" and "Web cookies" on its Web sites and in some of its e-mails to collect information from visitors and compile aggregate statistical information about how visitors use our Web sites and e-mails, including information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of advertising on our Web sites and e-mails. LiftForward uses this information to improve the Web site content and performance. No personally-identifiable information is shared with any third party.

LiftForward uses a permanent cookie file to uniquely identify your computer as you visit the Web site from time to time. No personally-identifiable information is collected or shared with any third party using this cookie. If you ask us to "remember" your user ID, we will also create a permanent cookie for this purpose. In addition, LiftForward uses a temporary cookie file to recognize your computer as you move from page to page on the Web site. The cookie is deactivated when you conclude your session. Because this cookie is stored only in your computer's temporary memory, it is deleted when you close your browser software. Most Web browser software allows you to modify your preferences to be notified when a cookie is set, or to reject all cookies. If you choose to reject our cookies, some areas of our Web site may not function properly.

LiftForward also engages various technology partners that use cookies to compile anonymous information on how you use its and other Web sites and interact with its Internet ads.

Termination; Survival of Provisions

Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms of Service, the permissions granted to you under these Terms of Service will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.

LiftForward’s Right to Terminate Your Use: LiftForward may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which LiftForward may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms of Service; (b) you have engaged in conduct which LiftForward, in its sole discretion, considers to be unacceptable; (c) LiftForward is required by law to do so; or (d) LiftForward no longer provides the Website. The above are only examples of circumstances in which LiftForward may terminate your right to use the Website and LiftForward may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.

Voluntary Termination by You: If you want to terminate your legal agreement with LiftForward under or consisting of these Terms of Service, you may do so by notifying LiftForward at [email protected].

Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) LiftForward’s Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification and (iv) Miscellaneous will survive any termination or expiration of the Terms of Service for any reason.

Survival of Other Obligations: You acknowledge that any legal obligations you may have under any other agreement with LiftForward (including any loan agreement) will not be affected in any way by the termination of the Terms of Service and any such other agreement between you and LiftForward will continue to be in effect in accordance with its terms.

LiftForward’s Remedies

You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website will result in immediate and irreparable harm to LiftForward for which there is no adequate monetary remedy. If you violate the Terms of Service, LiftForward will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.

Without prejudice to LiftForward’s other rights under the Terms of Service, if you breach the Terms of Service in any way, LiftForward may take such action as LiftForward deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.

Indemnification

You agree to indemnify and hold LiftForward and the Released Parties from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Website, the Content, your LiftForward Account, any breach or alleged or claimed breach of the Terms of Service or the materials it incorporates by reference, including the Privacy Policy, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (ii) any act or omission by your agent, representative or third-party service provider while using your LiftForward Account, regardless of whether the specific use was expressly authorized by you.

Fair Practices

You agree not to: (i) make any representations, warranties or guarantees on LiftForward’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to LiftForward or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.

Assignment

You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms of Service. LiftForward may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms of Service without notifying you or obtaining your consent.

Choice of Law; Forum for Disputes

The Terms of Service and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms of Service, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.

LiftForward and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York, Borough of Manhattan (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms of Service (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms of Service, the rights and obligations of you and us hereunder or any transaction contemplated by the Website. You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and LiftForward each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.

WAIVER OF JURY TRIAL

LiftForward AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.

CLASS ACTION WAIVER

YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

Miscellaneous

You acknowledge and agree that all rights not otherwise expressly granted to you by the Terms of Service are reserved to LiftForward. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LiftForward as a result of the Terms of Service or any use of the Website. The failure of LiftForward to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, void, unlawful or unenforceable, you and LiftForward agree that the court should give effect to the your and LiftForward’s intentions as reflected in such provision, and the other provisions of the Terms of Service shall remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and LiftForward, nor trade practice, shall serve to modify any provision of the Terms of Service. For purposes of the Terms of Service, the terms “include,” “includes,” “including,” “such as” and “for example,” shall be construed as if each term were followed by the words, “without limitation.” Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.

Questions or Comments – Our Contact Information

LiftForward welcomes questions and comments about the Terms of Service. Questions or comments should be directed to [email protected].

Last Modified: April 21, 2018