Privacy Policy & Terms of Service
Privacy Policy
Nurturing LIFT, LLC understands the importance of your personal privacy. Therefore, we
have created this Privacy Policy so that you know how we use and disclose your information
when you make it available to us. The Privacy Policy below discloses our practices regarding
information collection and usage website located at www.nurturinglift.com the related mobile
website, and the mobile application (collectively, the “Websites”) and the service provided
thereon (the “Service”).
By using or accessing the Websites and the Service, you signify your agreement to be bound by
this Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT
ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.
Key aspects of our privacy practices described in this Privacy Policy include the following
explanations:
• The information we collect and why we collect it;
• How we use that information;
• How we share information; and
• The choices we offer.
Personally Identifiable Information That We Collect:
We may ask you for, or you may voluntarily submit, personally identifiable information when you
are using the Service. The personally identifiable information which you may provide to us could
include, but is not limited to:
· Your name
· Your contact information (including, without limitation, address and email address);
· Your IP address; and
· Other personal information.
Non-Personal Or Aggregate Information That We Collect:
When you access our Service, we may automatically collect non-personally identifiable
information from you, such as IP host address, web pages viewed, browser type, operating
system, referring service, search information, device type, page views, usage and browsing
habits on the Service and similar data. We may also aggregate demographic information
collected from our users (such as the number of users in a particular geographical location) in a
manner which does not identify any one individual. We may also aggregate information
collected offline in connection with the Service, obtain non-personally identifiable information
from third party sources and develop aggregate information by anonymizing previously collected
personally identifiable information.
It is possible at times when collecting non-personally identifiable information through automatic
means that we may unintentionally collect or receive personally identifiable information that is
mixed in with the non-personally identifiable information. While we will make reasonable efforts
to prevent such incidental data collection, the possibility still exists. If you believe that we have
inadvertently collected your personal information, please notify us at grochford@nurturinglift.com.
Information Usage:
We will only use your personally identifiable information as described below, unless you have
specifically consented to another type of use, either at the time the personally identifiable
information is collected from you or through some other form of consent from you or notification
to you:
·We may share your personally identifiable information collected in connection with providing
the Service.
·We may use your personally identifiable information to respond to your inquires or requests.
·We may use your personally identifiable information to send you emails from time to time
about our services, but we will not provide your personally identifiable information to third parties
for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide
your consent.
·We may share your personally identifiable information with third parties (collectively, the “Third
Party Vendors”) to further the purpose for which you provided such information to us. For
example, we may share your information with Elastic Email, for the purpose of sending emails.
We urge you to read the privacy practices of all of our Third Party Vendors before
submitting any personally identifiable information through the Service.
·We may disclose personally identifiable information as required by law or legal process.
·We may disclose personally identifiable information to investigate suspected fraud, harassment
or other violations of any law, rule or regulation, or the terms or policies for our services or our
sponsors.
·We may transfer your personally identifiable information in connection with the sale or merger
or change of control of Nurturing LIFT or the division responsible for the services with which
your personally identifiable information is associated.
·We may share your personally identifiable information with an affiliate of Nurturing LIFT who is
in the same corporate family as us as long as their privacy practices are substantially similar to
ours.
Non-personally identifiable or aggregate information may be used by us for any purposes
permitted by law and may be shared with any number of parties, provided that such information
shall not specifically identify you.
Cookies and Similar Technologies:
“Cookies” are pieces of information that may be placed on your computer by a service for the
purpose of facilitating and enhancing your communication and interaction with that service.
Many services use cookies for these purposes. We may use cookies (and similar items such as
clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other
purposes to make your visit more convenient or to enable us to enhance our Service. We may
also use and place cookies (and similar items) on your computer from our third party service
providers in connection with the Service, such as an analytics provider that helps us manage
and analyze Service usage, as described more fully below. In addition, our advertisers and
business partners may set cookies and similar items on your computer when you use our
Service. You may stop or restrict the placement of cookies on your computer or flush them from
your browser by adjusting your web browser preferences, in which case you may still use our
Service, but it may interfere with some of its functionality. Cookies and similar items are not
used by us to automatically retrieve personally identifiable information from your computer
without your knowledge.
If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out
cookie) may no longer work and you will have to reinput (or opt-out) again.
Analytics and Conversion Tracking:
We may use analytics services that use cookies, javascript and similar technologies to help us
analyze how users use the Service. The information generated by these services about your
use of the Service (including your IP address or a truncated version of your IP address) is
transmitted to and stored by analytics service providers on their servers. Those service
providers will use this information for the purpose of evaluating your, and other users’, use of
the Service, compiling reports for us on website activity and providing other services relating to
website activity and Internet usage.
We may collect information about your computer, including your IP address, operating system
and browser type, for system administration and in order to create reports. This is statistical
data about our users’ browsing actions and patterns, and does not identify any individual.
For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The
Analytics Service is a web-based analytics tool that helps website owners understand how
visitors engage with their website. The Analytics Service customers can view a variety of reports
about how visitors interact with their website so that they can improve it.
Like many services, the Analytics Service uses first-party cookies to track visitor interactions as
in our case, where they are used to collect information about how visitors use our site. We then
use the information to compile reports and to help us improve our site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are
used to store information, such as the time that the current visit occurred, whether the visitor
has been to the site before and what site referred the visitor to the web page.
The Analytics Service collects information anonymously. They report website trends without
identifying individual visitors. You can opt out of the Analytics Service without affecting how you
visit our site. For more information on opting out of being tracked by Google Analytics across all
websites you use, visit https://tools.google.com/dlpage/gaoptout.
We may also use Google conversion tracking and/or similar services to help us understand your
and other users’ use of the Service.
Automatically Collected Information:
When you access the Service or open one of our HTML emails, we may automatically record
certain information from your system by using cookies and other types of tracking technologies.
This "automatically collected" information may include Internet Protocol address ("IP Address"),
a unique user ID, device type, device identifiers, browser types and language, referring and exit
pages, platform type, version of software installed, system type, the content and pages that you
access on the Service, the number of clicks, the amount of time spent on pages, the dates and
times that you visit the Service, and other similar information. Depending on the law of your
country of residence, your IP address may legally be considered personally identifiable
information.
Security:
The security of your personally identifiable information is very important to us. When we collect
your personally identifiable information online, we use reasonable efforts to protect it from
unauthorized access. However, due to the inherent open nature of the Internet, we cannot
guarantee that your personally identifiable information will be completely free from unauthorized
access by third parties such as hackers and your use of our Service demonstrates your
assumption of this risk. We have put in place reasonable physical, electronic, and managerial
procedures to safeguard the information we collect. Only those employees who need access to
your information in order to perform their duties are authorized to have access to your
personally identifiable information. For more information on protecting your privacy, please visit
www.ftc.gov/privacy.
Your Disclosures In Blogs And Other Social Media:
You should be aware that personally identifiable information which you voluntarily include and
transmit online on the Service or in a publicly accessible blog, chat room, social media platform
or otherwise online, or that you share in an open forum such as an in-person panel or survey,
may be viewed and used by others without any restrictions. We are unable to control such uses
of your personally identifiable information, and by using the Service or any other online services
you assume the risk that the personally identifiable information provided by you may be viewed
and used by third parties for any number of purposes.
If you login to the Websites and/or Service through your Facebook account, connect to a third
party service such as Facebook or Twitter through an icon or link on the Service or otherwise
link your Nurturing LIFT account with a third party service, we may share the contents of your
post and associated information (such as your user name, the fact that your connection
originated from the Service, and other relevant usage and diagnostic information) with such third
party. With your one-time consent, we may also send information about the content you watch
and your activities on the Service to such third parties. Once such information is shared, the use
of your information will be subject to that service's privacy policy and this Privacy Policy will not
apply.
Protection for Children:
We generally do not collect personally identifiable information from children under the age of 13.
If at any time in the future we plan to collect personally identifiable information from children
under 13, such collection and use, to the extent applicable, shall, when required, be done in
compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate
consent from the child’s parent or guardian will be sought where required by COPPA. When we
become aware that personally identifiable information from a child under 13 has been collected
without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete
such information from our database.
Other Services:
As a convenience to you, we may provide links to third-party Services from within our Service.
We are not responsible for the privacy practices or content of these third-party sites. When you
link away from our Service, you do so at your own risk.
Changes to this Privacy Policy:
We reserve the right, at our discretion, to change, modify, add, or remove portions from this
Privacy Policy at any time. However, if at any time in the future we plan to use personally
identifiable information in a way that materially differs from this Privacy Policy, including sharing
such information with more third parties, we will post such changes here and provide you the
opportunity to opt-out of such differing uses. Your continued use of the Service and our
services following the posting of any changes to this Privacy Policy means you accept such
changes.
Opt-Out Process:
All unsubscribe or opt-out requests may be made by clicking the “unsubscribe” link at the
bottom of the relevant email. We will process your request within a reasonable time after
receipt. However, we are not responsible for, and in some cases we are incapable of, removing
your personally identifiable information from the lists of any third party who has previously been
provided your information in accordance with this Privacy Policy or your consent. You should
contact such third parties directly. If you would like to update or correct any personally
identifiable information that you have provided to us, please email us at grochford@nurturinglift.com and once
we confirm your information, we will update such information within a reasonable amount of
time.
Communications with Nurturing LIFT, LLC:
By providing your contact information to us (including, without limitation, your email address,
physical address, and phone number) (collectively the “Channels”) to us, you expressly consent
to receive communications from us. We may use the Channels to communicate with you, to
send information that you have requested or to send information about other products or
services developed or provided by us or our business partners, provided that, we will not give
your contact information to another party to promote their products or services directly to you
without your consent or as set forth in this Privacy Policy.
By using the Service, you expressly consent to receive in-product communications from us
(including, without limitation, push notifications on the App).
By providing your phone number to us, you expressly consent to receive phone calls and/or text
messages from us. We will not give your phone number to another party to promote their
products or services directly to you without your consent or as set forth in this Privacy Policy.
Any phone calls and/or text messages delivered to your phone or device may cause you to incur
extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA
RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of
phone and/or text communications from Nurturing LIFT.
Any communication or material you transmit to us by email or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as, non-confidential and
nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you
transmit or post may be used by us for any purpose, including but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree
that we are free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to us, as well as any data developed using the content of such
communication, without compensation and for any purpose whatsoever, including but not limited
to, developing, manufacturing and marketing products and services using such information.
No Rights of Third Parties:
This Privacy Policy does not create rights enforceable by third parties, nor does it require
disclosure of any personal information relating to users of the Service.
Site Terms of Use:
Use of this Service is governed by, and subject to, the Terms of Use located at
www.nurturinglift.com/termsofservice (the “Terms”). This Privacy Policy is incorporated into the
Terms. Your use, or access, of the Service constitutes your agreement to be bound by these
provisions. IF YOU DO NOT AGREE TO THE TERMS AND THIS PRIVACY POLICY YOU
MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.
Servers:
Our servers are maintained in the United States. By using the Service, you freely and
specifically give us your consent to export your personally identifiable information to the United
States and to store and use it in the United States as specified in this Privacy Policy. You
understand that data stored in the United States may be subject to lawful requests by the courts
or law enforcement authorities in the United States.
Governing Law:
This Privacy Policy and our legal obligations hereunder are subject to the laws of the State of
New York regardless of your location. You hereby consent to the exclusive jurisdiction of and
venue in the courts located in the State of New York County of Nassau in all disputes arising out of or
relating to the Services.
Contact:
For questions or concerns relating to privacy, we can be contacted at grochford@nurturinglift.com
Effective Date:
This Privacy Policy was last updated on October 16, 2020.
This was drafted for general informational use only. As this does not represent the
unique facts and circumstances for your situation and/or company, it is recommended
that you speak to attorney if you need this document tailored to your unique
circumstances
Terms of Service Agreement
Welcome to Nurturing LIFT operated by Nurturing LIFT, LLC located in Mineola, New York. By
using the website located at www.Nurturinglift.com, the related mobile website, and the mobile
application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this
“Terms of Service” or “Agreement”), whether or not you register as a member of Nurturing LIFT, LLC. If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or Nurturing LIFT
Privacy Policy, do not use the Service.
This Agreement is subject to change by Nurturing LIFT at any time, effective upon posting on
the relevant website. Your continued use of the Websites and the Service following Nurturing LIFT posting of revised terms of any section of the Agreement will constitute your
express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS,
INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding
terms of your use of the Websites and the Service. This Agreement may be modified by Nurturing LIFT time to time, such modifications to be effective upon posting by Nurturing LIFT on the Websites. By accessing and/or using the Websites or becoming a Member, you
accept this Agreement and agree to the terms, conditions and notices contained or referenced
herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must
have access to the Internet, either directly or through devices that access web-based content,
and pay any service fees associated with such access. In addition, you must use all equipment
necessary to make such connection to the World Wide Web, including a computer and modem
or other access device. Please print a copy of this document for your records. To retain an
electronic copy of this Agreement, you may save it into any word processing program.
2. Commercial Use of Service. If you are using the Service and/or accessing the Websites on
behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent
and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the
authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service; and
c. You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or
downloading illegal content, collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email, unauthorized framing of
or linking to the Websites, sharing or disclosing your username or password to any third party or
permitting any third party to access your account, attempting to impersonate another user or
person, use of the Websites in any fraudulent or misleading manner, any automated use of the
system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data
mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites
or the networks or services connected to the Websites, and using the Websites in a manner
inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of
the Websites may be investigated, and appropriate legal action may be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the
permission of Nurturing LIFT, which may be revoked at any time, for any reason, in The
Nurturing LIFT’s sole discretion.
3. Account Security. You are responsible for maintaining the confidentiality of the username
and password that you designate during the registration process, and you are fully responsible
for all activities that occur under your username and password. You agree to (a) immediately
notify Nurturing LIFT of any unauthorized use of your username or password or any other
breach of security, and (b) ensure that you exit from your account at the end of each session.
Nurturing LIFT will not be liable for any loss or damage arising from your failure to comply
with this provision. You should use particular caution when accessing your account from a
public or shared computer so that others are not able to view or record your password or other
personal information. If you share your computer with others, you may wish to consider
disabling your auto-login feature if you have it linked to your Nurturing LIFT account.
4. Your Use of the Websites
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the Websites
(the “Content”) or any part of the Websites, unless given express permission by Nurturing LIFT. You must not copy, republish, adapt, make available or otherwise communicate to the public,
display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from
the Platform, except (i) where such Content is created by you (such content, “Your Content”), or
(ii) as permitted under these Terms of Service, and within the parameters set by the person or
entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative
Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any way that is designed to
create a separate content service or that replicates any part of the Websites’ offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or
otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other
automated means to register accounts, log-in, post comments, or otherwise to act on your
behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not
offer or promote the availability of any such techniques or services to any other users of the
Websites.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other
proprietary or legal notices contained in, or appearing on, the Websites or any Content
appearing on the Websites (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the
Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any
source or object code of any part of the Websites, or circumvent or attempt to circumvent or
copy any copy protection mechanism or access any rights management information pertaining
to Content other than Your Content.
i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute,
promote, make available or otherwise communicate to the public:
● any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually
explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal
acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise
objectionable in Nurturing LIFT’s sole and reasonable discretion;
● any information, Content or other material that violates, plagiarizes, misappropriates or
infringes the rights of third parties including, without limitation, copyright, trademark rights, rights
of privacy or publicity, confidential information or any other right; or
● any Content that violates, breaches or is contrary to any law, rule, regulation, court order
or is otherwise is illegal or unlawful in Nurturing LIFT’s sole and reasonable opinion;
● any material of any kind that contains any virus, Trojan horse, spyware, adware,
malware, bot, time bomb, worm, or other harmful or malicious component, which will or might
overburden, impair or disrupt the Websites or servers or networks forming part of, or connected
to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of
the Websites; or
● any unsolicited or unauthorized advertising, promotional messages, spam or any other
form of solicitation.
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate any law or
regulation.
k. You must not rent, sell or lease access to the Websites, or any Content on the Websites,
although this will not prevent you from including links from Your Content to any legitimate online
download store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity, for example, by registering an account in the name of another
person or company, or sending messages or making comments using the name of another
person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any
Nurturing LIFT] employee. If we feel that your behavior towards any of our employees is at any
time threatening or offensive, we reserve the right to immediately terminate your membership
and you will not be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer, any Nurturing LIFT account to any
third party without the prior written approval of Nurturing LIFT.
o. You must not collect or attempt to collect personal data, or any other kind of information
about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security
measures employed by Nurturing LIFT or any Uploader; access or attempt to access data or
materials which are not intended for your use; log into, or attempt to log into, a server or account
which you are not authorized to access; attempt to scan or test the vulnerability of Nurturing LIFT’s servers, system or network or attempt to breach Nurturing LIFT’s data security or
authentication procedures; attempt to interfere with the Websites or the Services by any means
including, without limitation, hacking Nurturing LIFT’s servers or systems, submitting a virus,
overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of The
Nurturing LIFT under these Terms of Service, Nurturing LIFT reserves the right to investigate
any situation that appears to involve any of the above, and may report such matters to, and
cooperate with, appropriate law enforcement authorities in prosecuting any users who have
participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that Nurturing LIFT has the right, in its sole discretion, to terminate your account or take such other action as we
see fit if you breach any of the above conditions or any of the other terms of these Terms of
Service. This may include taking court action and/or reporting offending users to the relevant
authorities.
5. Representations and Warranties. You hereby represent and warrant to Nurturing LIFT
as follows:
a. Your Content, and each and every part thereof, is an original work by you, or you have
obtained all rights, licenses, consents and permissions necessary in order to use, and (if and
where relevant) to authorize Nurturing LIFT to use, Your Content pursuant to these Terms of
Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute,
share, publicly display, publicly perform, make available and otherwise communicate to the
public Your Content, and each and every part thereof, on, through or via the Websites, any and
all Services and any third party services.
b. Your Content and the availability thereof on the Platform does not and will not infringe or
violate the rights of any third party, including, without limitation, any intellectual property rights,
performers' rights, rights of privacy or publicity, or rights in confidential information.
c. You have obtained any and all necessary consents, permissions and/or releases from any
and all persons appearing in Your Content in order to include their name, voice, performance or
likeness in Your Content and to publish the same on the Websites and via any third party
services.
d. Your Content, including any comments that you may post on the Websites, is not and will not
be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit,
ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or
incite hatred on grounds of race, gender, religion or sexual orientation.
e. Your Content does not and will not create any liability on the part of Nurturing LIFT, its
subsidiaries, affiliates, successors, and assigns, and their respective employees, agents,
directors, officers and/or shareholders.
Nurturing LIFT reserves the right to remove Your Content, suspend or terminate your access
to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches
any of the foregoing representations or warranties, or otherwise infringes another person's
rights or violates any law, rule or regulation.
6. Term. This Agreement will remain in full force and effect while you use the Websites and/or
Service. You may terminate your membership and/or subscription at any time by contacting us
at grochford@Nurturinglift.com If you resign or cancel your membership and/or subscription to The
Nurturing LIFT, to help Nurturing LIFT analyze and improve the Service, you may be asked to
provide a reason for your resignation/cancellation. Nurturing LIFT may terminate your
membership and/or subscription for any reason by sending notice to you at the email address
you provide in your application for membership, or such other email address as you may later
provide to Nurturing LIFT. If Nurturing LIFT terminates your membership in the Service
because you have breached this Agreement, you will not be entitled to any refund of unused
subscription fees. All decisions regarding the termination of accounts shall be made in the sole
discretion of Nurturing LIFT. Nurturing LIFT is not required to provide you notice prior to
terminating your membership and/or subscription. Nurturing LIFT is not required, and may be
prohibited, from disclosing a reason for the termination of your account. Even after your
membership or subscription is terminated, this Agreement will remain in effect. All terms that by
their nature may survive termination of this Agreement shall be deemed to survive such
termination.
7. Modifications to Service. Nurturing LIFT reserves the right at any time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Nurturing LIFT shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
8. Blocking of IP Addresses. In order to protect the integrity of the Services, Nurturing LIFT
reserves the right at any time in its sole discretion to block Members from certain IP addresses
from accessing the Websites.
9. Content.
a. Proprietary Rights. Nurturing LIFT retains all proprietary rights in the Websites and the
Service. The Websites contains the copyrighted material, trademarks, and other proprietary
information of Nurturing LIFT, and its licensors. Except where we have given you express
written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information. All content on Nurturing LIFT is proprietary. Except
where otherwise specified in this Agreement, all Content is copyrighted material of The
Nurturing LIFT and for Nurturing LIFT’s Members' use only. Distribution of Content to others is
strictly prohibited. You agree that Nurturing LIFT would be irreparably harmed by any
violation or threatened violation of this section and that, therefore, Nurturing LIFT shall be
entitled to an injunction prohibiting you from any violation or threatened violation of this section,
without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on
Nurturing LIFT may be supplied by third parties. Nurturing LIFT has no responsibility for these
third party websites nor for their content, which is subject to and governed by the Terms of
Service and/or privacy policies, if any, of the applicable third party content providers.
b. Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the Service (“Your Content”)
shall become the property of Nurturing LIFT. This shall have no effect on Sections:
• Copyright Policy
• Limitation of Liability
• Indemnity by You
However, with respect to Your Content, Nurturing LIFT grants you a worldwide, royalty-free
and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content,
except with regard to commercial or for-profit use account.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be
subject to copyright, trademark rights or other intellectual property or proprietary rights. Such
Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded,
republished, displayed, sold, licensed, made available or otherwise communicated to the public
or exploited for any purposes except via the features of the Websites from time to time and
within the parameters set by the Uploader on the Service or with the express written consent of
the Uploader. Where you repost another user's Content, or include another user's Content in a
set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly
granted in this section, all rights in Content are reserved to the relevant Uploader.
10. Restrictions on Use of Materials. You acknowledge that Nurturing LIFT contains
images, text, and other content (collectively, "Intellectual Property") that is protected by
copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies existing now or hereafter
developed. All Intellectual Property is copyrighted under the United States copyright laws (and,
if applicable, similar foreign laws), and Nurturing LIFT owns a copyright in the selection,
coordination, arrangement and enhancement of such Intellectual Property. All trademarks
appearing on this Websites are trademarks of their respective owners. You may not modify,
publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works
of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual
Property is downloaded to your computer, you do not obtain any ownership interest in such
Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property
for any other purpose, including, but not limited to, use of any Intellectual Property in printed
form or on any other website or networked computer environment is strictly prohibited unless
you receive our prior written consent.
11. Copyright Policy. Nurturing LIFT prohibits the submission or posting of any information
that infringes or violates the copyright rights and/or other intellectual property rights (including
rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright
infringement, you hereby agree that notifications of claimed copyright infringement be sent by
certified mail to:
[insert address]
If you believe that your intellectual property right (or such a right that you are responsible for
enforcing) is infringed by any content on the Site, please write to Nurturing LIFT at the
address shown above, giving a written statement that contains:
a. identification of the copyrighted work and/or intellectual property right claimed to have been
infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address, and daytime telephone number, and an e-mail address if available;
d. a statement that you have a good faith belief that the use of the copyrighted work and/or
exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and, under penalty of perjury,
that the signatory is authorized to act on behalf of the owner of the right that is allegedly
infringed; and
f. the signature of the intellectual property right owner or someone authorized on the owner's
behalf to assert infringement of the right.
Nurturing LIFT will process any notice of alleged infringement which it receives and will take
appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C.
512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting
such a statement falsely. Under appropriate circumstances, persons who repeatedly submit
infringing or unlawful material will be prohibited from posting further submissions.
12. Liability for Content. You hereby acknowledge and agree that Nurturing LIFT (i) stores
Content and other information at the direction, request and with the authorization of its users, (ii)
acts merely as a passive conduit and/or host for the uploading, storage and distribution of such
Content, and (iii) plays no active role and gives no assistance in the presentation or use of the
Content. You are solely responsible for all of Your Content that you upload, post or distribute to,
on or through the Websites, and to the extent permissible by law, Nurturing LIFT excludes all
liability with respect to all Content (including Your Content) and the activities of its users with
respect thereto.
You hereby acknowledge and agree that Nurturing LIFT cannot and does not review the
Content created or uploaded by its users, and neither Nurturing LIFT nor its subsidiaries,
affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any
obligation, and does not undertake or assume any duty, to monitor the Websites for Content
that is inappropriate, that does or might infringe any third party rights, or has otherwise been
uploaded in breach of these Terms of Service or applicable law.
Nurturing LIFT and its subsidiaries, affiliates, successors, assigns, employees, agents,
directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any
and all liability which may arise from any Content uploaded to the Websites by users, including,
but not limited to, any claims for infringement of intellectual property rights, rights of privacy or
publicity rights, any claims relating to publication of defamatory, pornographic, obscene or
offensive material, or any claims relating to the completeness, accuracy, currency or reliability of
any information provided by users of the Websites. By using the Websites, you irrevocably
waive the right to assert any claim with respect to any of the foregoing against Nurturing LIFT
or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers
or shareholders.
13. Repeat Infringers. Nurturing LIFT will suspend or terminate your access to the Websites
if Nurturing LIFT determines, in its sole and reasonable discretion, that you have repeatedly
breached these Terms of Service.
If we receive a valid notification from a third party in accordance with our reporting processes or
applicable law that any of Your Content infringes the copyright or other rights of such third party,
or if we believe that your behavior is inappropriate and violates our Terms of Service, we will
send you a written warning to this effect. Any user that receives more than two of these
warnings is liable to have their access to the Websites terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court,
and/or in other appropriate circumstances, as determined by Nurturing LIFT at its sole
discretion.
Please note that we do not offer refunds to Members whose accounts are terminated as a result
of repeated infringement of these Terms of Service.
14. Limitation of Liability. In no event shall Nurturing LIFT be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained
in this Websites or in any written or oral communications from Nurturing LIFT or its
employees or agents shall be construed to make any promise, covenant, or guaranty, all of
which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in
this paragraph.
The content and functionality on the Websites and the services provided by employees of the
Websites are offered "as is" without warranty of any kind, either express or implied, including,
without limitation, implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement. Nurturing LIFT makes no warranties, express or implied, as to the
ownership, accuracy, completeness or adequacy of the Websites’ content or that the
functionality of the Websites will be uninterrupted or error-free or free from virus or third party
attack. You hereby acknowledge that your use of the Websites and the Service is at your sole
risk. UNDER NO CIRCUMSTANCES SHALL NURTURING LIFT, ITS OFFICERS, OWNERS,
EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND
ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR
INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR
SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT
LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES,
EVEN IF NURTURING LIFT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL
NURTURING LIFT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY
WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE
SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF
GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY
INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL,
IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR
ANY OTHER DAMAGES OR LOSSES, EVEN IF NURTURING LIFT HAS BEEN ADVISED OF
THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH
SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the
greatest extent permitted by law, you agree that the entire aggregate liability of Nurturing LIFT and sole remedy available to any Member in any case in any way arising out of or relating to
the Agreement, Websites or the Service shall be limited to monetary damages that in the
aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the
Member or user to Nurturing LIFT during the six months prior to notice to Nurturing LIFT of
the dispute for which the remedy is sought.
15. Indemnity by You. You agree to indemnify and hold Nurturing LIFT, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a
breach of this Agreement including without limitation your representations and warranties set
forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or
invasion of privacy arising from the hosting of Your Content on the Websites, and/or your
making available thereof to other users of the Websites, and/or the actual use of Your Content
by other users of the Websites or related services in accordance with these Terms of Service
and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, either by you or by any other person accessing your
account with or without your consent unless such activity was caused by the act of
Nurturing LIFT.
16. Attorney Fees. In the event that Nurturing LIFT is successful in whole or in part in any
action or proceeding related to or arising from this Agreement, you shall be responsible for
Nurturing LIFT’s attorneys' fees and costs.
17. Parental or Guardian Permission. Some of the Content on the Websites may not be
appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE
THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.
18. Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy,
located at www.Nurturinglift.com/privacy-policy
19. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of
the Websites and/or the Service, by using the Websites and/or Service, you expressly agree
that any such dispute shall be governed by the laws of the State of New York, without regard to its
conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and
venue of the state and federal courts of the State of New York, for the resolution of any such
dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to
be sued in such courts and to accept service of process outside the State of New York with the
same force and effect as if such service had been made within the State of New York You hereby
agree to accept service of process for any action hereunder by certified mail return receipt
requested which service shall have the same force and effect as though service had been
effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful,
void, or unenforceable, that part will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
20. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of
using the Websites and/or Service, you agree that any and all disputes, claims and causes of
action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall
be resolved individually, without resort to any form of class action, exclusively by binding
arbitration under the rules of the American Arbitration Association for full and final settlement of
such Claim, and judgment on the award rendered in the arbitration may be entered in any court
having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for
Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration
Association or other mutually agreeable organization, before a single arbitrator (with knowledge
and expertise of copyright law if the claim is all or partially for copyright infringement), selected
by agreement of both parties or by an independent mediator (with knowledge and expertise of
copyright law if the claim is all or partially for copyright infringement) if the parties are unable to
agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the
arbitrator(s) may be entered and confirmed by the courts of the State of New York County of Nassau.
The parties agree that any post-arbitration action seeking to enforce an arbitration award or
action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State
of New York County of Nassau.
21. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in
this Agreement, there shall be no third party beneficiaries to this Agreement.
22. Availability Outside the U.S. If you access Nurturing LIFT from outside of the United
States, you do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. If you access the Websites from outside of the United States, you acknowledge that
any personal information you provide will be processed in the United States and other
geographies as selected by us in our sole discretion, and you hereby consent to the collection
and processing of your personal information in a manner consistent with this Agreement and the
Privacy Policy.
23. Entire Agreement. This Agreement contains the entire agreement between you and
Nurturing LIFT regarding the use of the Websites and/or the Service.
24. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver of such term or any
other term. In addition, Nurturing LIFT’s failure to enforce any term of this Agreement shall
not be deemed as a waiver of such term or otherwise affect Nurturing LIFT’s ability to enforce
such term at any point in the future.
25. Headings. The section headings contained in this Agreement are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
This was drafted for general informational use only. As this does not represent the
unique facts and circumstances for your situation and/or company, it is recommended
that you speak to attorney if you need this document tailored to your unique
circumstances.