Terms of Use
Terms of Use
Last Updated: June 9, 2023
These terms apply to the Lift Rite website located at liftrite.com and all other sites, mobile applications and social media accounts or pages where these terms appear or are linked (collectively, the “Sites”). As used in these terms, “Lift Rite”, “Seller”, “we” or “us” refers to Raymond-Muscatine, Inc. d/b/a Lift-Rite.
Please read the following terms carefully as they affect your legal rights.
By using the Sites, you acknowledge that you have read, understand and agree to these terms. If you do not agree to these terms, you should not access or use the Sites. We may modify these terms at any time. All changes will be effective immediately upon posting. We will alert you to material changes made to these terms when we are required to do so by applicable law. You will see when these terms were last updated by checking the date at the top of this page. You are responsible for periodically reviewing these terms. By using the Sites after changes are posted, you agree to those changes.
Content
We and our licensors and service providers are and shall remain the owner of all intellectual property rights in and to the Sites and text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork (collectively, “Content”), including the design, structure, selection, coordination, expression, look and feel and arrangement of the Content, contained on the Sites. You acknowledge that your use of any Site does not give you ownership of any Content.
Conduct
You shall not, nor shall you permit, encourage or assist others to: (i) remove any copyright, trademark or other proprietary notices from a Site or materials originating from a Site; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive any Site source code; (iii) modify or create derivative works based on any Site; (iv) attempt to undermine the security or integrity of a Site or attempt to gain unauthorized access to any Site;(v) attempt to view, access or copy any material or data other than that which you are authorized to access; (vi) attack, disrupt or perform a penetration test on any Site or otherwise impose an unreasonable or disproportionately large load on the infrastructure of the Sites or our networks; (vii) use or access any Site in order to build a similar or competitive product; or (x) reverse look-up, trace or seek any information on any other user of or visitor to any Site.
Registration and Communication
You might be given the opportunity to register user accounts that might allow you to receive information from us or participate in certain features on the Sites. We will use the information you provide in accordance with the Privacy Policy. By registering, you represent and warrant that (i) all information that you provide is current, complete and accurate to the best of your knowledge; and (ii) you have and will maintain the legal bases and right to share the information that you provide. You will maintain and promptly update the information on the Sites so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Sites and all charges related to the same.
When you use a Site or send communications to us through a Site, you consent to receive any communications related to your use of a Site. We may communicate with you by email or by posting notices on a Site. You acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you will be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our representatives, including our distributors and dealers, may contact you at that address or number in a manner consistent with our Privacy Policy.
Site Disclaimer
The Sites, and all information and materials contained therein, are provided to you on an "AS IS" and “AS AVAILABLE” basis, and at your own risk to the fullest extent permitted under law. Although the specifications, features, illustrations, equipment, warranties and other information contained in the Site are based upon up-to-date information, and while Raymond and all parties involved in creating, producing, or delivering the Sites make all reasonable efforts to ensure that all material on the Sites is correct, accuracy is not guaranteed. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Sites.
Transactions
The following terms apply with respect to orders you (as “Buyer”) place for products through a Site. You affirm that you are of legal age to accept and agree to these terms and, if you are ordering on behalf of an organization or company, you have the legal right to bind the organization or company to these terms as if the organization or company were Buyer. By completing the order for products, Buyer is accepting and agrees to be bound by these terms. IF BUYER DOES NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER THROUGH THE SITE.
TERMS OF PAYMENT: All prices on the Sites are in the currency of the United States. The purchase price of each product is due upon order.
CANCELLATION CHARGES: If for any reason it becomes necessary to cancel an order, Buyer may be liable for certain charges. All cancellations are additionally subject to per unit cancellation fees charged by the manufacturer or Seller to cover administrative fees and other miscellaneous expenses.
DELAY: Deliveries are subject to, and contingent upon, strikes, labor difficulties, riot, civil unrest, war, fire, delay or defaults of common carriers, failure or curtailment in Seller’s usual sources of supply, government decrees or orders, or, without limiting the foregoing, any other delays beyond Seller’s control, and Seller shall not be liable for any loss or damage arising therefrom. Seller shall have the additional right, in the event of the occurrences of any of the above contingencies, at Seller’s option, to cancel this contract or any part thereof without any liability.
NO LICENSES: These terms do not grant and are not intended to grant any license to any software or any intellectual property rights in any products purchased or shipped pursuant to these terms. Certain products may have embedded software or other features or functionality, which are subject to additional terms and conditions.
TITLE, SHIPMENT AND TAXES: All prices for products shipped to Buyer are FOB factory (Uniform Commercial Code), whether such products are shipped from Seller’s or a dealer’s facility or directly from the manufacturer. Method and route of shipment are at Seller’s or the manufacturer’s discretion. Buyer is solely responsible for all expenses of shipment and applicable taxes. Title to tangible products purchased by Buyer will pass to Buyer upon delivery of the purchased product to the carrier of the particular product.
WARRANTIES: Warranties for the products sold hereunder are limited to: (A) Those (if any) provided in writing for the benefit of Buyer by Seller’s supplier or the original manufacturer thereof, as such warranties are provided with the purchased products and (B) those that Seller has the legal right to pass through to Buyer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR AN ORDER, S&SC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR TITLE, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. ANY EMPLOYEES, REPRESENTATIVES, AGENTS, OR DISTRIBUTORS OF S&SC ARE NOT AUTHORIZED TO MODIFY OR MAKE ADDITIONS TO THIS WARRANTY THAT ARE BINDING ON S&SC. ANY SUCH STATEMENTS, WHETHER WRITTEN OR ORAL, DO NOT CONSTITUTE ADDITIONAL WARRANTIES.
LIMITATION OF LIABILITY: SELLER WILL NOT BE LIABLE TO BUYER FOR INDIRECT, INCIDENTAL, BUSINESS INTERRUPTION OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF REVENUE (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE, OR REPUTATION, WHETHER ARISING UNDER CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. THESE EXCLUSIONS APPLY EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS INITIAL PURPOSE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF SELLER, TOGETHER WITH ITS SUPPLIERS, LICENSORS AND AFFILIATES, ARISING OUT OF OR RELATED TO THIS TERMS, EXCEED THE TOTAL PAYMENTS RECEIVED BY SELLER FROM BUYER UNDER THESE TERMS, WHETHER ARISING UNDER WARRANTY/GUARANTEE, CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, DEFENSE OR ANY OTHER CAUSE OR COMBINATION OF CAUSES.
Indemnification.
As a condition of the use of any Site, you agree to defend, indemnify and hold harmless Lift Rite and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to your misuse of any Site or any breach by you of these terms. Lift Rite reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Lift Rite if and as requested by Lift Rite in the defense and settlement of such matter.
Governing Law.
The laws of the State of New York govern the validity, interpretation and performance of this terms as well as all adversarial proceedings arising out of these terms, without giving effect to any laws, rules or provisions that would cause application of the laws of any jurisdiction other than the State of New York. If either party brings against the other party any proceeding arising out of these terms, that party shall bring that proceeding only in a state court located in Chenango County, New York or a federal court located in the Northern District of New York. The application of the United Nations Conventions on Contracts for the International Sale of Goods is excluded.
Assignment.
Buyer may not assign any of Buyer’s rights or delegate any of Buyer’s obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of Buyer’s obligations under these Terms.
Entire Agreement; Waivers.
These terms contain the entire agreement between you and Lift Rite with respect to the Site and purchase and sale of products and services and supersedes all prior or contemporaneous agreements, whether oral or written, relating to the subject matter of these terms. There are no understandings, inducements, commitments, conditions, representations or warranties, whether direct, indirect, collateral, express or implied, oral or written, from either party to the other, other than as contained in this agreement. No waiver or satisfaction of a condition or nonperformance of an obligation under this agreement will be effective unless it is in writing and signed by the party granting the waiver.
Severability.
If a dispute between the parties arises out of these terms or the subject matter herein, the parties desire that the court interpret these terms as follows: (a) with respect to any provision that the court holds to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provision; and (b) if an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of these terms will remain in effect as written; and (c) if modifying or disregarding the unenforceable provision would result in a failure of an essential purpose of these terms, by holding the entirety of these terms unenforceable.