This web page represents our Terms of Use and Sale (“Agreement”) regarding our website, located at portal.liftnow.com, and the tools we provide you (the “Website” or the “Service” or the “Subscription”). The terms, “we” and “our” as used in this Agreement refer to both LIFTNOW Automotive Equipment Corp. and Certified Lift Installation & Maintenance Corp., New York Corporations under the brands LIFTNOW and LIFTNOW Portal.
We may amend this Agreement at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur.
We refer to this Agreement, our Privacy Policy accessible at https://portal.liftnow.com/privacy-policy, and any other terms, rules, or guidelines on our Website collectively as our “Legal Terms.” You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website.
Limited License
LIFTNOW Portal grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of subscription services, make service requests, electronic documents and related services through our Website, strictly in accordance with our Legal Terms.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by LIFTNOW Portal. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. LIFTNOW Portal aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of LIFTNOW Portal, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from LIFTNOW Portal. LIFTNOW Portal prohibits use of any logo of LIFTNOW Portal or any of its affiliates as part of a link to or from any Website unless LIFTNOW Portal approves such link in advance and in writing. Fair use of LIFTNOW Portal’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than LIFTNOW Portal. Such links are provided for your reference only. LIFTNOW Portal does not monitor or control outside Websites and is not responsible for their content. LIFTNOW Portal’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does LIFTNOW Portal’ inclusion of the links imply that LIFTNOW Portal is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Content Disclaimer
Postings on our Website are made at such times as LIFTNOW Portal determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. LIFTNOW Portal does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
LIFTNOW Portal Platform
a) Platform.The LIFTNOW Portal platform enables consumers to reserve, schedule, purchase, access and a wide range of automotive lift and equipment services. LIFTNOW Portal itself is not a lift or equipment manufacturer.
b) Subscription Plans.To enjoy full access to the Site and to Inspections, you need to sign up for an inspection subscription, hereafter referred to as “Subscription”. A Subscription starts on the date that you sign up for a Subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing Subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, each billing cycle is one year in length (a “Subscription Cycle”), which is paid out every month. All Subscriptions are billed starting one month after you have submitted payment via a valid Payment Method or reactivated a pre-existing subscription. Some Subscriptions may differ from a one-year billing cycle. Your LIFTNOW Portal subscription automatically renews each year, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated.For example, if you purchase your LIFTNOW Portal subscription on September 5, your subscription will automatically renew on September 5 of next year (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated. All subscriptions are made on a yearly contract basis – a monthly payment does not infer a monthly obligation or contract.
c) Non-Subscription Purchases. LIFTNOW Portal may permit you to purchase certain products or services through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time with notice.
LIFTNOW Portal Account
Your LIFTNOW Portal account is personal to you and you agree not to create more than one account. You cannot transfer or gift Services to third parties or allow third parties to use your LIFTNOW Portal account, including other LIFTNOW Portal users. You must not use or exploit the Site for commercial purposes. We continually update and test various aspects of the LIFTNOW Portal platform. We reserve the right to, and by using the Site you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that LIFTNOW Portal may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to LIFTNOW Portal at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site.
Eligibility.
The availability of all or part of our Site and/or Services may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to LIFTNOW Portal or may terminate your subscription at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Services and/or purchase a Subscription. You further understand that the Site and/or Services may not be available in every geography.
Communications: By providing your information or creating an account, you agree that LIFTNOW Portal may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a LIFTNOW Portal account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.
Fees, Billing, Cancellation
a) Recurring Billing.By initiating a LIFTNOW Portal Subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle.When you sign up and purchase your LIFTNOW Portal subscription, your first Subscription Cycle will be billed one month after purchase. Unless we expressly communicate otherwise, your subscription lasts one year and will automatically be billed each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. Your renewal date may change due to changes in your subscription. A member of our team may visit your location to render services for the following year immediately following the end of the 60-day cancellation window before the end of the Subscription cycle.
c) Refunds.Generally, our fees (including the monthly fee and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase.
d) Price Changes.We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the LIFTNOW Portal website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription within 15 days from notification of a price change, you will be deemed to have accepted these new fees.
e) Payment Methods.You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof. As a part of the yearly agreement made for the Subscription, we reserve the right to pursue any funds that are unable to be charged by the original payment method.
f) Cancellation of Subscription.Unless we communicate otherwise, you may give notice of terminating your Subscription 60 days before the end of your billing cycle by sending a letter sent by USPS certified mail to: Certified Lift Installation & Maintenance Corp., P.O Box 972, Yorktown Heights, NY 10598. You must reference which subscriptions you’d like to cancel (by lift), along with your username. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to LIFTNOW Portal in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all Services, content, credits or features available through the subscription, including content that you have uploaded. Communications received after the 60-day window will not be eligible for cancellation of the next Subscription billing cycle.
g) Other Fees.You are responsible for paying applicable fees if you do not cancel a Service you had reserved with appropriate notice. A cancellation or modification of a Service made sooner than 24 hours in advance will incur a $100 cancellation fee. A reschedule made sooner than 24 hours in advance will incur a $50 fee. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.
Additionally, Inspection products and subscriptions rendered through the Site are performed and charged pass or fail. A failing inspection usually means that something is wrong with the lift. We assume no liability for the problems of a single lift and are not obliged to pass any lift that we feel does not, in our professional opinion, meet our inspection standards. We do not mandate that a failing inspection renders OUR services to make the Inspection a “Pass”, including repair, parts replacement or maintenance. However, if we inspect the lift and it fails, another company repairs or provides services to the lift to render it “Passing”, we will charge a $150 fee (plus applicable sales tax) to come back to pass it. This fee can be avoided by using our company for the Service concerns with a lift/machine causing it to “Fail” an inspection.
h)Cancellation of Services. As a LIFTNOW Portal user, you must reserve and cancel your Services through the Site.
i) Third Party Fees for Using LIFTNOW Portal.You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Services, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax, freight and any other fees necessary to access the Site and/or Services.
Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by LIFTNOW Portal to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY LIFTNOW PORTAL. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY LIFTNOW Portal ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFTNOW Portal SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. LIFTNOW Portal SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER LIFTNOW Portal OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL LIFTNOW Portal’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO LIFTNOW Portal FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, LIFTNOW Portal DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. LIFTNOW Portal AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE.
LIFTNOW Portal MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
Indemnification
You agree to defend, indemnify and hold LIFTNOW Portal harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.
Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL LIFTNOW PORTAL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF LIFTNOW PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIFTNOW PORTAL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIFTNOW PORTAL’ LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO LIFTNOW PORTAL UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER LIFTNOW PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Arbitration Agreement
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose.This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and LIFTNOW Portal. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and LIFTNOW Portal shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, “LIFTNOW Portal” means LIFTNOW Portal and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and LIFTNOW Portal regarding any aspect of your relationship with LIFTNOW Portal, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution.Before initiating any Dispute, whether in court or arbitration, you must first give LIFTNOW Portal an opportunity to resolve the Dispute by mailing written notification to LIFTNOW Portal, Legal Department, P.O. Box 20103, Greeley Sq. Station, New York, NY 10001. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If LIFTNOW Portal does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c) Arbitration Procedures.If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or LIFTNOW Portal may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with LIFTNOW Portal, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d) Arbitration Award.The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act (“the FAA”), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration.Arbitration shall take place in New York County, New York, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs.LIFTNOW Portal will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
g) Class Action Waiver.Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Classes, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) . Neither you, nor any other Member of LIFTNOW Portal and/or user of LIFTNOW Portal services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and LIFTNOW Portal and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against LIFTNOW Portal in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights.You understand and agree that, by entering into this Arbitration Agreement, you and LIFTNOW Portal are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and LIFTNOW Portal might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the LIFTNOW Portal Site or any Class, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability.If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation.This Arbitration Agreement shall survive the termination of your contract with LIFTNOW Portal and your use of the LIFTNOW Portal Site, Classes and services.
Miscellaneous
a) Choice of Law; Forum.These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York.
b) Assignment.We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability.If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings.The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement.These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and LIFTNOW Portal relating to the subject matter herein.
f) Claims; Statute of Limitations.IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND LIFTNOW PORTAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF CLASSES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g) Disclosures.The services hereunder are offered by Certified Lift Installation & Maintenance Corp. located at: P.O. Box 972, Yorktown Heights, New York, NY 10598. Contact us here. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
h) Waiver.No waiver of any of these Terms by LIFTNOW Portal is binding unless authorized in writing by an executive officer of LIFTNOW Portal. In the event that LIFTNOW Portal waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of LIFTNOW Portal to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
i) Notice.Except as explicitly stated otherwise, legal notices will be served, with respect to LIFTNOW Portal, on LIFTNOW Portal’ national registered agent, and, with respect to you, to the email address you provide to LIFTNOW Portal during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.