User Notice

Legal Notices » End User notice

Updated: April 23, 2019

Welcome to Uplifter!

Thank you for using our products and services (“Services”). These Services are provided by Uplifter Inc., located at 2552 Bristol Circle, Oakville, ON L6H 5S1, Canada.

By creating your account and using our Services, you are agreeing to these Terms of Service (“Terms”).

Uplifter reserves the right to update or change the Terms of Service without notice. Newly developed features and tools implemented and released into the Services will be subject to the Terms of Service. Continued use of the Services and any released features and changes shall constitute your consent to such changes.

Uplifter reserves the right to revoke your access to our Services if you are in violation of these Terms.

You agree that using our Services does not provide you with ownership or intellectual property rights in our Services or the content or data (collectively, the “Content”) that you may access through our Services. You may not use the Content from our Services unless you obtain permission from its owners.

Our Services display some Content that is not Uplifter’s. An organization that uses our Services (herein, “Uplifter Merchant”) to share Content with you is solely responsible for that Content. Uplifter is not responsible for your exposure, access, or consumption of any Content that has been posted by an Uplifter Merchant or individuals using our Services. Uplifter does not review any of the content posted by any Uplifter Merchant or users using our Services, but reserves the right to review, refuse to display or remove any content posted to the Service if it violates our policy or the law.

In connection with your use of our Services, Uplifter may send you service announcements, administrative messages, and other information with respect to your access to our Services or your relationship with the Uplifter Merchant. You will be provided with the ability to opt out of some of these communications.

To use our Services, you agree:

  • That you are using these Services at your own risk.
  • You may not reproduce, duplicate, copy, rent, lease, loan, sell, resell, relicense, assign or exploit the Services in part or as a whole.
  • You may not create derivative works based upon all or any part of the Services.
  • You may not modify, adapt, change or hack the Services.
  • The overall look and feel of the Services are copyright of Uplifter and may not be copied or reproduced for other purposes
  • You may not decompile, reverse engineer, disassemble or otherwise reduce the Services to a human-perceivable form.
  • You may not use these Services for any illegal or unauthorized purposes.
  • You agree not to violate any laws in the use of these Services.
  • To use certain elements of the Services, you will be required to create a unique username and password. You are encouraged to select secure passwords. Uplifter will not be responsible for maintaining the security of your account and passwords. Uplifter will not be liable for any loss or damage due to your failure to comply with this security obligation.
  • When submitting information into certain elements of the Services, you agree that you are sharing this information to a specific Uplifter Merchant for the purposes of their provision of a product or service to you. In sharing this information with an Uplifter Merchant, you grant Uplifter a non-exclusive, worldwide, unlimited license to access, use, process, modify, adapt, copy, distribute, perform, export and display your information for the Uplifter Merchant without any compensation or obligation to you. Solely to the extent that reformatting, analyzing, transforming or processing your information for use by the Uplifter Merchant of our Services constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works.
  • You also agree to provide Uplifter a non-exclusive, worldwide license to process, access, use, adapt, copy, perform, export, and display your information for the purposes of delivering existing Services and developing additional products and services by Uplifter for your use and the use of the Uplifter Merchant.
  • Uplifter makes no warranties with respect to the Services, either express or implied. The Services are provided on an “as is” basis as it is available without warranty of any kind, either express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Uplifter does not warrant the performance of or the results you may obtain from use of the Services, or that the Services will meet your requirements, or that the use of the Services will be uninterrupted or free of error.
  • In no event will Uplifter, its associated companies or their directors, officers, employees or agents be liable to you for any direct, indirect, consequential or incidental damages, losses or, expenses of any kind, whether loss of profits, business interruption, or otherwise arising out of or resulting from the Services, however caused, even if Uplifter or any of its associated companies or their directors, officers, employees or agents has been advised of the possibility of such damages, losses or expenses. This disclaimer constitutes an essential part of the Terms of Service and no use of the Services is authorized except as subject to this disclaimer.
  • To the extent permitted by law, in no event shall Uplifter be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other personal or commercial damages or losses, arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Uplifter has been advised of the possibility of such damages.
  • If any provision of this Terms of Service shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect.
  • The failure of Uplifter to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement regarding the terms of use of the Service between you and Uplifter including, but not limited to, any prior versions of the Terms of Service.
  • Uplifter reserves the right at any time to temporarily or permanently discontinue or modify the Services (or any part thereof) with or without any notice to you.
  • Uplifter may collect statistical information including, but not limited to, usage, activity data or traffic patterns in aggregate form to create reports for Uplifter Merchants, monitor, improve the Services, or provide additional products and services, but such information will not include personally identifying information. Uplifter may access the Content to analyze and transform data at the request of Uplifter Merchants using our Services or to respond to service or technical problems with the Uplifter Software or Service.
  • Uplifter may share your information with third parties, such as, but not limited to, banks and payment providers for the purposes of authorizing and processing payments on your behalf to an Uplifter Merchant, other third party partners and services that work with Uplifter in the course of providing our Services to you and the Uplifter Merchant, government organizations and agencies, law enforcement and regulators where required by law, organizations affiliated with or overseeing the Uplifter Merchant with respect to the Uplifter Merchant providing you with products or services, or, with another company if in the case Uplifter is acquired by or merged with another company or where a substantial amount of Uplifter’s assets are transferred to another company. In the case where the Uplifter Merchant is using a free tier of Uplifter Servies, aggregate, non-personal information may be shared with third party promotional partners for the purposes of providing tailored sponsored content. For detailed information on how Uplifter collects, accesses and uses your personal data, please see Uplifter’s Privacy Policy (https://accounts.uplifterinc.com/legal/privacy-policy)
  • If you are using our Services to purchase a product or service from an Uplifter Merchant, you may also receive communications, correspondence, emails, or direct mail from the Uplifter Merchant. Uplifter is not responsible for the communication received by you from the Uplifter Merchant. Their collection of your personal information and data is not subject to these terms and conditions or the privacy policy of Uplifter. For more information, please refer the privacy policy of the Uplifter Merchant.
  • Uplifter uses cookies in some of the Services. For detailed descriptions on how Uplifter uses cookies, please see Uplifter's Cookie Policy (https://accounts.uplifterinc.com/legal/cookie-policy).

This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of the Province of Ontario for the purpose of resolving any dispute relating to this Terms of Service

The most up-to-date version of these policies can also be found http://accounts.uplifterinc.com/legal/user-notice/user-notice.html and are subject to change. If you choose not to accept any updated policies, you may do so by discontinuing the use of our Services.