Terms of Service
End User Agreement
Version 1.0 – Dated November, 2017
This Agreement governs the terms and conditions of your use of the websites, mobile platforms, and underlying Platform (“Platform”) owned by Tulifts LLC (“TULIFTS”). By accessing or using the Platform, you agree to the terms and conditions of this Agreement. The terms also apply to any additional features, enhancements, error corrections, bug fixes, patches, updates or other modifications to the Platforms. TULIFTS reserves the right to modify and change these terms and they are deemed effectively when they are posted on the website.
- INTELLECTUAL PROPERTY
All intellectual property on the Platform is owned by TULIFTS or its licensors, which includes materials protected by both US and international intellectual property not limited to patent, trademark and copyright laws. All trademarks, service marks and trade names, including the word mark TULIFTS, EMPOWERMENT THROUGH UNDERGARMENT, and logo marks are owned, registered and/or Agreement by TULIFTS. All materials on the Platform including but not limited to text, designs, graphics, photos, sounds, music, videos, applications, software, code, any and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of TULIFTS.
- USER CONDUCT
In using this Platform, you agree to not:
- upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
- upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
- use the Platform to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
- upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, download, post, email or otherwise transmit false or misleading information;
- disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- access, tamper with or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution;
- disrupt or interfere with any other user’s enjoyment of the Platform or affiliated or linked websites;
- frame the Site within another Platform or webpage or link to the Platform except as permitted in writing by TULIFTS;
- incorporate images or names that would violate a person’s right of privacy or publicity; or
- incorporate a current or former famous person’s name or likeness;
- use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- transfer your TULIFTS account to another party without TULIFTS written consent;
- reverse engineer, copy, modify or distribute rights or Content from the Site, service or tools or TULIFTS’ patents, copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.
- PRODUCT ORDERS
All orders placed through the Platform are subject to TULIFTS’s acceptance. This means that TULIFTS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, TULIFTS will issue you a refund.
- PRODUCT RETURNS
We want you to be completely happy with your purchase. We will carefully consider your request for return.
- Tulifts inserts may be returned or exchanged within 30 days of purchase.
- Returned items may not be washed and must be in good condition.
- Tulifts must be returned in the original packaging with all tags attached.
- We will refund the full amount of the order, less shipping.
Please click the link below to submit your return. You will simply be asked for your order # and zip code. This will locate your order and activate your request. If you have questions please contact us.
- PRODUCT WARRANTY
At Tulifts we expect our products to be free of manufacturing defects, however should you have a warranty issue, return the item to us we will replace your Tulifts inserts within 60 days of purchase.
Normal wear and tear, modifications, negligence, damage and use for purposes other than which it was designed are not covered by the warranty.
Please call us for a return shipping label for warranty and exchanges.
- WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by applicable law, TULIFTS is not responsible or liable for any user generated content that is generated during your use of the Platform (“User Generated Content”) or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, TULIFTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TULIFTS cannot guarantee and does not promise any specific results from use of the Platform. TULIFTS does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, TULIFTS does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other devices in which you access the Platform, loss of data or other harm of any kind that may result. TULIFTS reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- LIMITATION OF LIABILITY
Tulifts shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this platform or the performance of the products purchased through the platform or the conduct of other platform users (whether online or offline) or attendance at a tulifts event or any user generated content, even if tulifts has been advised of the possibility of such damages. You assume total responsibility for your use of the platform. Your only remedy against tulifts for use of the platform or any content is to stop using the platform. That said, if tulifts is found to be liable to you for any damage or loss which is in any way connected with your use of this platform or any content, tulifts’s liability shall not exceed us$100.00. 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.
You shall indemnify and hold harmless TULIFTS, TULIFTS’ officers, agents, affiliates, service providers, successors, assigns and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of Your modification or enhancement of the Platform or otherwise caused by, or arising out of, or resulting from, the exercise or practice by You, your sub-Agreements, if any, your subsidiaries or their officers, employees, agents or representatives.
- FORCE MAJEURE
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries.
- JURISDICTION AND DISPUTES
Any Dispute, controversy or claim arising out of or relating to this Agreement, or the interpretation, breach, termination or validity hereof, shall be resolved through friendly consultation. Such consultation shall begin immediately after one party has delivered to the other party a written request for such consultation. If within 30 days following the date on which such notice is given the dispute cannot be resolved, then the parties shall first attempt in good faith to settle the dispute by mediation administered by Orange County, California Judicial Arbitration & Mediation Services (JAMS) under its Streamlined Arbitration Rules and Procedures. All unresolved disputes shall then be decided by final and binding arbitration pursuant to JAMS Streamlined Arbitration Rules and Procedures, and confirmed in Orange County Superior Court. Arbitration will take place exclusively in Orange County, California. This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law principles. IN AGREEING TO ARBITRATION, THE PARTIES BOTH ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE EACH GIVES UP ITS RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ACCEPTS THE USE OF MEDIATION AND ARBITRATION FOR RESOLUTION.
- AGREEMENT BINDING ON SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.
Contact Us: If you have any questions, please contact us at
2492 Walnut Ave. Suite 120
Tustin, CA 92780