December 2016

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Terms of Service

Welcome to thriftandlift.com. The thriftandlift.com website (the "Site") is comprised of 


various web pages operated by T&L ("Thrift&Lift"). thriftandlift.com is offered to you 


conditioned on your acceptance without modification of the terms, conditions, and notices 


contained herein (the "Terms"). Your use of thriftandlift.com constitutes your agreement to 


all such Terms. Please read these terms carefully, and keep a copy of them for your 


reference.


THRIFTANDLIFT.COM IS A VENUE


Thrift&Lift is fitness, motivational and thriftiness website that educate readers on how to 


become better through living a Thrift&Lift lifestyle. Updates, news, advices, tips as well as 


commenting will be made available through Thrift&Lift blogging feature.


Your use of thriftandlift.com is subject to Thrift&Lift's Privacy Policy. Please review our 


Privacy Policy, which also governs the Site and informs users of our data collection 


practices. 


ELECTRONIC COMMUNICATIONS


Visiting thriftandlift.com or sending emails to Thrift&Lift constitutes electronic 


communications. You consent to receive electronic communications and you agree that all 


agreements, notices, disclosures and other communications that we provide to you 


electronically, via email and on the Site, satisfy any legal requirement that 


such communications be in writing.  


LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES 


thriftandlift.com may contain links to other websites ("Linked Sites"). The Linked Sites are 


not under the control of Thrift&Lift and Thrift&Lift is not responsible for the contents of any 


Linked Site, including without limitation any link contained in a Linked Site, or any changes 


or updates to a Linked Site. Thrift&Lift is providing these links to you only as a 


convenience, and the inclusion of any link does not imply endorsement by Thrift&Lift of 


the site or any association with its operators. Certain services made available via 


thriftandlift.com is delivered by third party sites and organizations. By using 


any product, service or functionality originating from the thriftandlift.com domain, you 


hereby acknowledge and consent that Thrift&Lift may share such information and data with 


any third party with whom Thrift&Lift has a contractual relationship to provide the 


requested product, service or functionality on behalf of thriftandlift.com 


NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY


You are granted a non-exclusive, non-transferable, revocable license to access and use 


thriftandlift.com strictly in accordance with these terms of use. As a condition of your use 


of the Site, you warrant to Thrift&Lift that you will not use the Site for any purpose that is 


unlawful or prohibited by these Terms. You may not use the Site in any manner which 


could damage, disable, overburden, or impair the Site or interfere with any other party's 


use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or 


information through any means not intentionally made available or provided for through the 


Site. All content included as part of the Service, such as text, graphics, logos, images, as 


well as the compilation thereof, and any software used on the Site, is the property of 


Thrift&Lift or its suppliers and protected by copyright and other laws that protect 


intellectual property and proprietary rights. You agree to observe and abide by all copyright 


and other proprietary notices, legends or other restrictions contained in any such content 


and will not make any changes thereto. You will not modify, publish, transmit, reverse 


engineer, participate in the transfer or sale, create derivative works, or in any way exploit 


any of the content, in whole or in part, found on the Site. Thrift&Lift content is not for 


resale. 


Your use of the Site does not entitle you to make any unauthorized use of any protected 


content, and in particular you will not delete or alter any proprietary rights or attribution 


notices in any content. You will use protected content solely for your personal use, and will 


make no other use of the content without the express written permission of Thrift&Lift and 


the copyright owner. You agree that you do not acquire any ownership rights in any 


protected content. We do not grant you any licenses, express or implied, to the intellectual 


property of Thrift&Lift or our licensors except as expressly authorized by these Terms. 


USE OF COMMUNICATION SERVICES


The Site may contain bulletin board services, chat areas, news groups, forums, 


communities, personal web pages, calendars, and/or other message or communication 


facilities designed to enable you to communicate with the public at large or with a group 


(collectively, "Communication Services"), you agree to use the Communication 



Services only to post, send and receive messages and material that are proper and related 


to the particular Communication Service. By way of example, and not as a limitation, you 


agree that when using a Communication Service, you will not: defame, abuse, harass, 


stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) 


of others; publish, post, upload, distribute or disseminate any inappropriate, profane, 


defamatory, infringing,obscene, indecent or unlawful topic, name, material or information; 


upload files that contain software or other material protected by intellectual property laws 


(or by rights of privacy of publicity) unless you own or control the 


rights thereto or have received all necessary consents; upload files that contain viruses, 


corrupted files, or any other similar software or programs that may damage the operation of 


another's computer; advertise or offer to sell or buy any goods or services for any 


business purpose, unless such Communication Service specifically allows such 


messages; conduct or forward surveys, contests, pyramid schemes or chain letters; 


download any file posted 


by another user of a Communication Service that you know, or reasonably should know, 


cannot be legally distributed in such manner; falsify or delete any author attributions, legal 


or other proper notices or proprietary designations or labels of the origin or source of 


software or other material contained in a file that is uploaded, restrict or inhibit any other 


user from using and enjoying the Communication Services; violate any code of conduct 



or other guidelines which may be applicable for any particular Communication Service; 


harvest or otherwise collect information about others, including e-mail addresses, without 


their consent; violate any applicable laws or Thrift&Lift has no obligation to monitor the 


Communication Services. However, Thrift&Lift reserves the right to review materials posted


to a Communication Service and to remove any materials in its sole discretion. Thrift&Lift 


reserves the right to terminate your access to any or all of the Communication Services at 


any time without notice for any reason whatsoever. Thrift&Lift reserves the right at all times


to disclose any information as necessary to satisfy any applicable law, 


regulation, legal process or governmental request, or to edit, refuse to post or to remove 


any information or materials, in whole or in part, in Thrift&Lift's sole discretion. 


Always use caution when giving out any personally identifying information about yourself or


your children in any Communication Service. Thrift&Lift does not control or endorse the 


content, messages or information found in any Communication Service and, therefore, 


Thrift&Lift specifically disclaims any liability with regard to the Communication Services 


and any actions resulting from your participation in any Communication Service. 


Managers and hosts are not authorized Thrift&Lift spokespersons, and their views do not 


necessarily reflect those Materials uploaded to a Communication Service may be subject 


to posted limitations on usage, reproduction and/or dissemination. You are responsible for 


adhering to such limitations if you upload the materials. 


MATERIALS PROVIDED TO THRIFTANDLIFT.COM OR POSTED ON ANY THRIFT&LIFT WEB 


Thrift&Lift does not claim ownership of the materials you provide to thriftandlift.com 


(including feedback and suggestions) or post, upload, input or submit to any Thrift&Lift Site


or our associated services (collectively "Submissions"). However, by posting, uploading, 


inputting, providing or submitting your Submission you are granting Thrift&Lift, our affiliated 


companies and necessary sublicensees permission to use your Submission in 


connection with the operation of their Internet businesses including, without limitation, the 


rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, 


translate and reformat your Submission; and to publish your name in connection with your 


Submission. No compensation will be paid with respect to the use of your Submission, as 


provided herein. Thrift&Lift is under no obligation to post or use any Submission you may 


provide and may remove any Submission at any time in Thrift&Lift's sole discretion. 


By posting, uploading, inputting, providing or submitting your Submission you warrant and 


represent that you own or otherwise control all of the rights to your Submission as 


described in this section including, without limitation, all the rights necessary for you to 


provide, post, upload, input or submit the Submissions. 


INTERNATIONAL USERS


The Service is controlled, operated and administered by Thrift&Lift from our offices within 


United States and elsewhere. If you access the Service from a location outside United 


States, you are responsible for compliance with all local laws. You agree that you will not 


use the Thrift&Lift Content accessed through thriftandlift.com in any country or in any 


manner prohibited by any applicable laws, restrictions or regulations. You agree to 


indemnify, defend and hold harmless Thrift&Lift, its officers, directors, employees, agents 


and third parties, for any losses, costs, liabilities and expenses (including reasonable 


attorney's fees) relating to or arising out of your use of or inability to use the Site or 


services, any user postings made by you, your violation of any terms of this Agreement or 


your violation of any rights of a third party, or your violation of any applicable laws, rules or 


regulations. Thrift&Lift reserves the right, at its own cost, to assume the exclusive defense 


and control of any matter otherwise subject to indemnification by you, in which event you 


will fully cooperate with Thrift&Lift in asserting any available defenses. In the event the 


parties are not able to resolve any dispute between them arising out of or concerning these 


Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at 


law or in equity for damages or any other relief, then such dispute shall be resolved only by


final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single 


neutral arbitrator and administered by the American Arbitration Association, 


or a similar arbitration service selected by the parties, in a location mutually agreed upon 


by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in 


any court having jurisdiction. In the event that any legal or equitable action, proceeding or 


arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall 


be entitled to recover its costs and reasonable attorney's fees. The parties agree to 


arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes 


arising as a result of these Terms and Conditions, whether directly or indirectly, including 


Tort claims that are a result of these Terms and Conditions. The parties agree that the 


Federal Arbitration Act governs the interpretation and enforcement of this provision. The 


entire dispute, including the scope and enforce ability of this arbitration provision shall be 


determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


CLASS ACTION WAIVER


Any arbitration under these Terms and Conditions will take place on an individual basis; 


class arbitrations and class/representative/collective actions are not permitted. THE 


PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY 


IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER 


IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, 


SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST 


THE OTHER. Further, unless both you and Employer agrees otherwise, the arbitrator may 


not consolidate more than one person's claims, and may not otherwise preside over any 


form of a representative or class proceeding. 


LIABILITY DISCLAIMER


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR 


AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR 


TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE 


INFORMATION HEREIN. THRIFTANDLIFT.COM AND/OR ITS SUPPLIERS MAY MAKE


IMPROVEMENTS AND/OR CHANGES IN THE SITE THRIFTANDLIFT.COM AND/OR ITS


SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, 


AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, 


PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR 


ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL 


SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED 


GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY 


KIND. THRIFTANDLIFT.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL 


WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, 


SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL 


IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A 


PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM 


EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 


THRIFTANDLIFT.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, 


INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES 


OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES 


FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY 


CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE 


DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION 


OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, 


PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, 


OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON 


CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 


THRIFTANDLIFT.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE 


POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT 


ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR 


INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU 


ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE 


TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 


TERMINATION/ACCESS RESTRICTION


Thrift&Lift reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Alabama and you hereby consent to the exclusive jurisdiction and venue of courts in Alabama in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in 

any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Thrift&Lift as a result of this agreement or use of the Site. Thrift&Lift's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Thrift&Lift's right to 

comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Thrift&Lift with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed 

superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Thrift&Lift with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Thrift&Lift with respect to the Site. A printed version of 

this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 


CHANGES TO TERMS


Thrift&Lift reserves the right, in its sole discretion, to change the Terms under which thriftandlift.com is offered. The most current version of the Terms will supersede all previous versions. Thrift&Lift encourages you to periodically review the Terms to stay informed of our updates. Thrift&Lift welcomes your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us at our website.


ACKNOWLEDGEMENT


YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF THRIFT&LIFT AGREEING TO 

PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THRIFT&LIFT, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND THRIFT&LIFT RELATING TO THE SUBJECT OF THIS AGREEMENT.


Effective as of 2/10/2015