Terms and conditions (“Terms”) are a set of legal terms defined by the owner of a website. The following terms and conditions govern your use of Lifted Construction’s website and services offered by Lifted Construction including, but not limited to the use of website and the materials and information is collected and used by Lifted Construction. 

By accessing and using Lifted Construction services, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service. If you have any questions or concerns regarding our policies, please contact us at info@liftedconstruct.com.

Terms & Conditions

INCORPORATION OF RELATED TERMS

These Terms & Conditions include by reference Lifted Construction’s Privacy Policy. Additionally, certain Lifted Construction Programs and Services may be governed by additional terms and conditions presented in conjunction with them (“Program and Service Terms”). These Terms & Conditions and Lifted Construction’s Privacy Policy, together with any such Program and Service Terms, constitutes the entire agreement between you and Lifted Construction as it relates to Lifted Construction Programs and Services. These Terms & Conditions, Lifted Construction’s Privacy Policy, and any such Program and Service Terms will all apply equally. In the event of a conflict, the Program and Service Terms will prevail.

ACCESS AND USE

The Lifted Construction Programs and Services are for your personal, non-commercial use only. You may use the Lifted Construction Programs and Services only for lawful purposes and in accordance with these Terms & Conditions and any additional applicable Program and Service Terms. Unless, expressly permitted in these Terms & Conditions or the applicable Program and Service Terms, it is prohibited to copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of or otherwise exploit any part of the Lifted Construction Programs and Services. The Lifted Construction Programs and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. Lifted Construction reserves all rights not explicitly granted to you.

You acknowledge that you may be required to register, provide certain personal information, prior to being able to access and use certain Lifted Construction Programs and Services. You agree to retain only one account; provide honest, accurate, current and complete information about yourself. You acknowledge and agree that you are responsible for maintaining account confidentiality and all activities under your registered account.

You acknowledge and agree that the Lifted Construction Programs and Services, or some aspects of the Lifted Construction Programs and Services, may change from time to time without notice. These changes are subject to these Terms & Conditions and any applicable Program and Service Terms.

SECURITY

You agree not to take any action that might compromise the security of Lifted Construction’s websites or Lifted Construction Programs and Services. Unauthorized attempts to modify, add to or subtract from any information stored on, accessed or collected by Lifted Construction’s websites or any other Lifted Construction Programs and Services, to defeat or circumvent security features, or to utilize Lifted Construction’s websites or any other Lifted Construction Programs and Services for other than their intended purposes are prohibited and may result in criminal prosecution and damages.

PRIVACY POLICY

Any information provided by you to Lifted Construction in connection with the Lifted Construction Programs and Services will be managed in accordance with Lifted Construction Privacy Policy. Lifted Construction may utilize third-party service providers in relation to Lifted Construction Programs and Services. By accessing or using the Lifted Construction Programs and Services, you consent to Lifted Construction sharing your information with such third-party service providers as needed for the administration of Lifted Construction Programs and Services.

PRICING AND AVAILABILITY

Lifted Construction’s website and other Lifted Construction Programs and Services contain references to and information about Lifted Construction products and services, including but not limited to product descriptions, pricing, promotions, offers, availability and other information. This information is subject to change without notice. Therefore, the availability of Lifted Construction products and services may be limited as a result of individual store participation.

ERRORS AND CORRECTIONS

Lifted Construction attempts to be accurate in its description of Lifted Construction products and services. For example this includes but is not limited to product descriptions, pricing, promotions, offers, availability and other information. However, Lifted Construction’s websites and other Lifted Construction Programs and Services may contain errors, inaccuracies or omissions. Additionally, there may be errors, inaccuracies or omissions in the operation of the Lifted Construction Programs and Services. All such errors, inaccuracies and omissions will be corrected as discovered by Lifted Construction or brought to our attention. Lifted Construction reserves the right to correct any errors, inaccuracies or omissions and revoke any previously stated offer on Lifted Construction’s websites and other Lifted Construction Programs and Services. You further agree that Lifted Construction will have broad discretion to address and correct any errors, inaccuracies or omissions. If any purchased product or service is not satisfactory to you, you may return it for a refund in accordance with Lifted Construction’s return policies.

INTELLECTUAL PROPERTY

All content included in or made available through any of the Lifted Construction Programs and Services, including but not limited to text, graphics, images, audio clips, digital downloads and data compilations (collectively, “Content”), as well as the color selections, organization and layout of such Content, is the copyrighted property of Lifted Construction, its affiliated companies or their respective licensors. Further, the Lifted Construction logo, and other trademarks, service marks, taglines, graphics and logos used in connection with Lifted Construction Programs and Services (“Lifted Construction marks”) are trademarks or registered trademarks of Lifted Construction, its affiliated companies or their respective licensors.

No right, title or interest in and to the Content or the Lifted Construction Marks is transferred to you when accessing or using the Lifted Construction Programs and Services. Lifted Construction reserves all rights not specifically and expressly granted to you. Unless otherwise specified, you may not copy, imitate, use, modify, distribute, transmit, display, reproduce, publish, create derivative works from or frame in another website, transfer or sell any of the Content or the Lifted Construction marks, without Lifted Construction’s prior written permission.

THIRD-PARTY CONTENT

Lifted Construction’s websites and other Lifted Construction Programs and Services may link to and as a result provide access to third-party websites, including social media sites (“Third-Party Content”). This Third-Party Content is provided as a convenience to you. Access to Third-Party Content does not imply an endorsement or sponsorship by Lifted Construction. By accessing such Third-Party Content, you acknowledge and agree that Lifted Construction does not control such Third-Party Content and, as such, Lifted Construction does not guarantee its availability, accuracy, integrity or quality. You further agree that neither Lifted Construction nor its third-party service providers assume liability for such Third-Party Content. This includes Third-Party Content that may be offensive, improper or objectionable. Lifted Construction reserves the right to change, suspend, remove or disable access to any such Third-Party Content at any time without notice. If you use such links to third-party websites, you will leave Lifted Construction’s website, and may be subject to separate terms of use and other policies as applicable from these third-party websites.

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USER-GENERATED CONTENT

Any content that you upload, post, email, or otherwise make available with Lifted Construction Programs and Services (“User-Generated Content”) you are responsible for. Since Lifted Construction does not control the User-Generated Content posted, Lifted Construction does not guarantee the accuracy, integrity or quality of such User-Generated Content. Although Lifted Construction does not pre-screen User-Generated Content, Lifted Construction has the right, but is not obliged, to delete or remove any User-Generated Content for any reason. You understand that by using the Lifted Construction Programs and Services, you may be exposed to User-Generated Content of other users that is offensive, indecent or objectionable.

You acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Lifted Construction (for example, in marketing campaigns). By acknowledging and agreeing to these Terms & Conditions, or by submitting User-Generated Content, you grant to Lifted Construction, its affiliated companies and their respective successors and assigns a worldwide, irrevocable, transferrable, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, distribute and prepare derivative works from the User-Generated Content. You represent and warrant that you own or otherwise control all rights in and to any such User-Generated Content, and that public posting and use of your User-Generated Content by Lifted Construction will not infringe or violate the rights of any third party.

CHANGES TO TERMS

Lifted Construction may change these Terms & Conditions at any time, with or without notice. Lifted Construction will post the revised Terms & Conditions on its website which will become effective from then onwards. The date of change will also be noted within the Terms & Conditions.  

TERMINATION

Lifted Construction may cease any of the Lifted Construction Programs and Services. Lifted Construction may also terminate or limit your access and use of the Lifted Construction Programs and Services at any time without notice. Any obligation or liability you incur prior to such termination will survive the termination.

1GOVERNING LAW; JURISDICTION

These Terms & Conditions and your use of the Lifted Construction Programs and Services will be governed by and interpreted in accordance with the laws of the United States of America and the State of Texas, without regard to any conflict of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of the United States of America and the State of Texas, for any legal action arising out of or relating to the Lifted Construction Programs and Services or these Terms & Conditions. The preceding sentence does not apply where the applicable Program and Service Terms specify dispute resolution by binding arbitration.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms & Conditions or any Program and Service Terms may result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Lifted Construction will be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If Lifted Construction seeks any equitable remedies, it will not be precluded or prevented from seeking remedies at law, nor will it be deemed to have made an election of remedies.

MISCELLANEOUS

If any provision of these Terms & Conditions is determined to be illegal or unenforceable, the remainder of these Terms & Conditions will still continue to be fully valid, binding, and enforceable. Failure of Lifted Construction to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision in that or any other instance.

Last updated: April 26, 2022