Terms & Conditions

Terms of Use

Carefully read all the terms and conditions of this agreement (‘Agreement’) before accessing or using the Lift Certified Inc system (‘System’). By accessing or using the System, you agree to be become legally bound by these terms and conditions. If you do not agree with the terms and conditions of the Agreement, you must not use, access, attempt to access or open an account for the System. 

The Agreement is a legal agreement between You and Lift Certified Inc, (‘Lift Certified”) for use of the System. The terms and conditions of the Agreement may be changed from time to time by Lift Certified at its sole discretion and without prior notice (save for any terms regarding privacy and related collection, use and retention of personal information). Any changes will be posted on the System and upon your use of the System after such changes have been posted, you shall be deemed to have been made aware of such changes and our use of the rSystem shall constitute your agreement to be bound by the Agreement as modified.

Restrictions on Use of the System

You shall not reproduce, publish, upload, post, transmit, adapt, modify or otherwise display, distribute or exploit in any way the System or any part thereof including, but not limited to the text, images, videos, photographs, audio files, graphics, data, courses, tests, or surveys (collectively referred to as ‘Content’) or any part thereof, without the prior written permission of Lift Certified. Your use of the System is limited to your sole personal use only. At no time shall You provide, allow or permit anyone else to use Your account to gain access to the Content on the System.

In addition to all the above prohibitions, you agree that you will not knowingly use the System to:

(a) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or

(b) Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with applicable laws.

Lift Certified reserves the right to investigate any of your activity involving the use of the System.

Disclaimer of Warranties and Liability

While reasonable effort has been made to ensure the accuracy of the Content accessible through the System, Lift Certifiedis not responsible for any errors or omissions appearing in such Content. To the fullest extent permitted by law, Lift Certified does not warrant and hereby disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, for any particular purpose or satisfactory quality of the Content or any part thereof. The Content on the System is provided on an ‘as is’ basis without warranties of any kind. You are accessing the System and using any of the Content, products and services at your own risk. Furthermore, Lift Certified disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, loss of data or information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with Content on the System to include any reliance placed by such person on such Content, or the viewing, use or performance of the System or its Contents, whether with the required authority or otherwise. To the fullest extent permitted by law, Lift Certified does not warrant and hereby disclaims any warranty, that the System or any part thereof or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that the System and the server it is stored on is and will be free of all viruses, worms and/or other harmful or invasive elements. Lift Certified reserves the right to revise, amend, alter or delete the Content, or any part thereof, provided herein at any time, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.

Indemnification

You agree to indemnify and hold Lift Certified and all of its affiliates, respective directors, officers and employees harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the System, Your violation of any terms or conditions of the Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.

Right of Access

Lift Certified reserves all rights to deny or restrict access to this System to any particular person, group or organization, or to block access from a particular Internet address to the System, at any time, without ascribing any reasons whatsoever.

Links from the System to Websites

The System may contain hyperlinks to websites which are not maintained by Lift Certified. Hyperlinks to other websites are provided solely for your convenience. If you use these websites, you will exit the System. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The contents of other websites are not maintained or controlled by Lift Certified, therefore, Lift Certified shall not be responsible for the availability, accuracy or reliability of the content of the other websites or be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstances shall Lift Certified be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the System is linked. Use of the hyperlinks and access to such websites is entirely at your own risk. Links to the System from websites except as set forth below, caching and links to, and the framing of the System or its Contents or any part thereof are prohibited. You must secure prior written permission from Lift Certified prior to hyperlinking to or framing the System or the Contents or any part thereof, or otherwise engaging in similar activities. Lift Certified reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of the System or its Contents or any part thereof and You agree to be bound and shall observe all such terms and conditions. Lift Certified reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights. Lift Certified reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the System or any of its Contents

Copyright

The System and all included Content is protected by copyright. Copyright protection includes but is not limited to the System and Content design, text, images, photographs, video, audio files, and graphics. All rights, title and interest in the Content are owned by Lift Certified. Your use of the System does not grant you any rights in respect to such copyright.

Privacy Policy

During the use of the System, you may submit personal information to Lift Certified. Lift Certified is committed to ensuring responsible practices in the collection, use and disclosure of personal information in accordance with applicable law. By submitting personal information to Lift Certified, You agree to Lift Certified’s collection, use and disclosure of the information to required parties as indicated:

(a) To maintain, support and upgrade the System, Lift Certified may contract third-party service providers who may gain or require access to this information. Under no circumstance do these service providers have an independent right to share or disclose Your information with any other person, group or company.

(b) In the event that You are provided access to Content that is provided and paid for by a third party (‘Sponsor’), You agree to allow the Sponsor to have access to Your name, employer name, employer address, and the mark You receive on the Content that it sponsored. No other information or access to Your information will be provided to the Sponsor at any time without Your knowledge or consent.

(c) Lift Certified may use Your information internally for the purposes of customizing Content for You, fulfilling Your requests for products or services, or to improve services to You.

(d) If You are completing Content for which You will receive a certificate or certification, You hereby grant Lift Certified the right to forward the organization providing the certificate or certification with Your first name, last name, mark, completion date, and contact information.

While Lift Certified takes appropriate data security measures, in the unlikely event of a breach involving any personal information, Lift Certified will take those reporting and remedial actions mandated by applicable laws.

When you use the System you may provide Lift Certified with, for example, the information we store from your browser using “cookies.” Cookies are small pieces of information stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Web site as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection. We use an outside advertisement server company to display ads on our site. These ads may contain cookies. The advertisement server company may collect cookies received with outside banner ads. We do not have access to information that would confirm the use of cookies by the advertisement server company.

Lift Certified will share your personal information with third parties only in the ways that are described herein. Lift Certified does not sell your personal information to third parties. We may provide information and/or personal user content to service providers to help us provide the  System. Specifically, we may use third parties to facilitate our business, such as to host the System, to send out email updates, and to process payments for products or services offered by you. In connection with these business operations, our service providers may have access to your personal information and/or content for use for a limited time in connection with these business activities. We may be required to disclose your personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to prevent fraud or other illegal activity perpetrated through the System. This may include sharing information with other companies, lawyers, agents or government agencies. 

If you have any questions about this policy or wish to seek details of any of your information collected hereunder, please contact Lift Certified’s Privacy Officer at:

Jordan Brimley
5110 Creekbank Rd,
Mississauga, ON L4W 0A1
(905) 949-2929
jordan.brimley@liftcertified.com
Choice of Law

The Agreement will be deemed to have been made and performed exclusively in the Province of Ontario, Canada, and will be governed by and construed under the laws of that jurisdiction. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any claim related to this Agreement or the System arising from or in connection with the Agreement and agree not to bring any action, claim, suit or proceeding against Lift Certified, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario.

Severability

To the extent that any provision of the Agreement is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Agreement shall continue in full force and effect with respect to all other provisions.

Online Course Refund Policy

Online course refund requests will be accepted up to fifteen (15) calendar days from enrollment provided the course has not actually started. IF the course has been started and/or completed, refunds will not be issued.

Force Majeure
Lift Certified shall not be liable, under any circumstances, for any delay, disruption or failure of the System directly or indirectly resulting from events beyond the control of Lift Certified.

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