Terms of Use

Welcome to LIFTsession.com (the “Website”) an online platform owned and operated by LIFT Digital Inc. (“LIFT”, “we”, “us” or “our”) that provides its Members (as defined below) with remote and virtual training sessions available through an iOS app, Android app or a web browser (the “LIFT Service”). For greater certainty, “LIFT Service” includes any use of the iOS app, Android app or access to a Remote or Virtual Training Session (as defined below) through a web browser. These terms & conditions are a legally binding agreement between you and LIFT regarding your use of the Website and use and purchase of the LIFT Service. By accessing or using the Website or using or purchasing the LIFT Service, you acknowledge that you have read, understood and agree to be bound by these terms & conditions, including any additional guidelines, the LIFT Privacy Policy, and any future modifications thereto (collectively, the “Agreement”), whether or not you become a member of LIFT by registering an account for the LIFT Service (“Member”).

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR THE LIFT PRIVACY POLICY, YOU CANNOT USE THE WEBSITE OR THE LIFT SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR USE THEREOF.

1.     Eligibility. You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the LIFT Service. Membership in the LIFT Service is restricted to natural persons. Membership to the LIFT Service is void where prohibited. By using the LIFT Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.

2.     Privacy Policy. Your privacy is important to us. The LIFT Privacy Policy (“Privacy Policy”) is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.

3.     Individual Features and LIFT Services. When using the Website and/or the LIFT Service, you may be subject to any additional posted guidelines or rules applicable to specific services and features, which may be posted from time to time on the Website (the “Guidelines”). All such Guidelines are hereby incorporated by reference in this Agreement. To the extent that any terms of these terms & conditions conflict with any Guidelines, these terms & conditions shall prevail.

4.     Modification of Terms. LIFT reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page. This Agreement was last updated and is effective as of the “Updated” date indicated below. You should visit this page from time to time to review the then-current Agreement because it is binding on you and your continued use of or access to the Website and use and/or purchase of LIFT Service after the posting of changes will be construed as your acceptance of the revised Agreement. For any material changes to this Agreement, such amended terms will automatically be effective 30 days after they are initially posted on the Website.

5.     Membership. When you register for an account on the Website, you become a Member. Members using the LIFT Service to receive training, instruction, and guidance provided by LIFT’s registered fitness professionals (as described below), are known as “Clients”. Registering as a Client is free of charge. Once registered, Clients can use the LIFT Service to schedule instructional and training events and lessons (each a “Remote or Virtual Training Session”). Payments for each Remote or Virtual Training Session will be processed in accordance with the Client’s membership level.

6.     Cancellation of Remote or Virtual Training Sessions. As a Client, you may cancel Training Sessions up to 12 hours before your Remote Training Session (the “Cancellation Period”).

7.     Your Interactions with Other Members.

8.     Term and Termination. This Agreement will remain in full force and effect while you use the LIFT Service and/or are a Member. Client membership may be terminated at any time. LIFT may, in its sole discretion and for any or no reason, terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to LIFT. Subject to applicable laws, if LIFT terminates your membership in the LIFT Service because you have materially breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of LIFT. LIFT is not required to provide you notice prior to terminating your membership. LIFT is not required to disclose, and may be prohibited from disclosing, a reason for the termination of your account.

9.     Account Security. You are responsible for maintaining the confidentiality of the username and password that you use to register for, purchase and/or use the LIFT Service. You agree to (a) immediately notify LIFT of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after each Remote Training Session. LIFT will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

10.  Content on the Website.

11.  Content Posted by You on the Website and/or the LIFT Service.

12.  Modifications to the Website and/or the LIFT Service. LIFT reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the LIFT Service (or any part thereof) with or without notice. You agree that LIFT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the LIFT Service.

13.  Blocking of IP Addresses. In order to protect the integrity of the Website and/or the LIFT Service, LIFT reserves the right at any time in its sole discretion to block Users or Members from certain IP addresses from accessing the Website and/or the LIFT Service.

14.  Copyright Policy.

15.  Disclaimers.

16.  Links and Third Party LIFT Services. The Website and/or the LIFT Service may provide, or third parties may provide, links or functionality in the Website and/or the LIFT Service to other websites or third party resources (“Third Party LIFT Services”). Because LIFT has no control over Third Party LIFT Services, you acknowledge and agree that LIFT is not responsible for the availability of the Third Party LIFT Services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from the Third Party LIFT Services. You further acknowledge and agree that LIFT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through Third Party LIFT Services. ACCESS AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SERVICES OR AVAILABLE THROUGH THIRD PARTY SERVICES, IS SOLELY AT YOUR OWN RISK. When you leave the Website, these Terms and Conditions no longer govern. You should review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third Party LIFT Services.

17.  Release of Liability for Injury or Death; Limitation on Liability; Damages.

18.  Indemnity by You You agree to indemnify and hold LIFT, its parent, subsidiaries, affiliates, officers, agents, licensors, and other partners and employees, harmless from any loss, liability, claim, damages, obligations, or demand, including attorney’s fees, made by any third party due to or arising out of (i) your use of the Website and/or the LIFT Service, (ii) your violation or breach of this Agreement, (iii) your User Content, or (iv) any breach of your representations and warranties set forth above. LIFT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LIFT. LIFT will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19.  Miscellaneous.

20.  Disclosure. The Website and the LIFT Service are offered by LIFT Digital Inc., located at: 147 St-Paul West, suite 105, Montreal, Quebec, Canada, H2Y 1Z5.  Email: support@liftsession.com.

Updated on March 20, 2021