End-User License Agreement
Last Updated: August 28, 2024
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree"
button, downloading, or using Legacy to Lifted.
Interpretation and Definitions
Interpretation
Terms with capitalized initial letters have specific meanings defined below. These definitions apply
regardless of whether the terms appear in singular or plural form.
Definitions
For the purposes of this End-User License Agreement:
• Agreement refers to this End-User License Agreement, which forms the entire agreement
between You and the Company regarding the use of the Application.
• Application means the software program provided by the Company, downloaded by You
from an Application Store's account to a Device, known as Legacy to Lifted.
• Application Store refers to the digital distribution services operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application has
been downloaded to your Device.
• Company (referred to as "the Company," "We," "Us," or "Our" in this Agreement) means
Legacy to Lifted LLC, located at 490 West Side Ave, Jersey City, NJ 07304.
• Content includes any text, images, or other information that can be posted, uploaded,
linked to, or otherwise made available by You, regardless of its form.
• Country refers to New Jersey, United States.
• Device means any device that can access the Application, such as a computer, cellphone,
or digital tablet.
• Family Sharing / Family Group allows You to share applications downloaded through the
Application Store with other family members by letting them view and download eligible
Applications to their associated Devices.
• Third-Party Services refers to any services or content (including data, information,
applications, and other products or services) provided by third parties that may be
displayed, included, or made available through the Application.
• You means the individual accessing or using the Application or the company or other legal
entity on behalf of which such individual is accessing or using the Application, as
applicable.
Acknowledgment
By clicking the "I Agree" button, downloading, or using the Application, You agree to be bound by
the terms and conditions of this Agreement. If You do not agree to these terms, do not click "I
Agree," download, or use the Application.
This Agreement is a legal document between You and the Company, governing your use of the
Application provided to You by the Company.
This Agreement is between You and the Company only, not with the Application Store. Therefore,
the Company is solely responsible for the Application and its content. However, the Application
Store has the right to enforce this Agreement against You as a third-party beneficiary in relation to
your use of the Application.
The Application may be accessed and used by other users via Family Sharing / Family Group or
volume purchasing. The use of the Application by those users is expressly subject to this
Agreement.
The Application is licensed, not sold, to You by the Company for use strictly according to the terms
of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download,
install, and use the Application strictly in accordance with the terms of this Agreement.
You may use the Application only on a Device that You own or control, and as permitted by the
Application Store's terms and conditions.
This license is granted to You by the Company solely for your personal, non-commercial purposes,
in strict accordance with this Agreement.
License Restrictions
You agree not to, and You will not allow others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or
otherwise commercially exploit the Application or make it available to any third party.
• Copy or use the Application for any purpose other than as permitted under the above
section 'License'.
• Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse
engineer any part of the Application.
• Remove, alter, or obscure any proprietary notices (including copyright or trademark notices)
of the Company or its affiliates, partners, suppliers, or licensors.
Content
Content Restrictions
The Company is not responsible for the entries, information, or content of the Application's users.
You expressly understand and agree that You are solely responsible for the Content and for all
activity that occurs under your account, whether done by You or any third person using your
account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,
threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such
objectionable Content include, but are not limited to:
• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary
about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted
groups.
• Spam, machine-generated content, or randomly generated content, constituting
unauthorized or unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
• Content containing or installing viruses, worms, malware, trojan horses, or other content
designed or intended to disrupt, damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain unauthorized access to any data
or other information of a third person.
• Content infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity, including the Company and its employees or
representatives.
• Violating the privacy of any third person.
• False information and features.
The Company reserves the right, but not the obligation, to determine whether any Content is
appropriate and complies with this Agreement, refuse or remove any Content at its sole discretion.
The Company further reserves the right to make formatting edits or changes to the manner any
Content is displayed. The Company can also limit or revoke the use of the Application if You post
objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application,
You agree to use the Application at your own risk. You understand that by using the Application, You
may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and
You agree that under no circumstances will the Company be liable in any way for any content,
including errors or omissions in any content or any loss or damage of any kind incurred as a result
of your use of any content.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and
other intellectual property rights, is and shall remain the sole and exclusive property of the
Company.
The Company shall not be obligated to indemnify or defend You with respect to any third-party
claim arising out of or relating to the Application. To the extent that the Company is required to
provide indemnification by applicable law, the Company, not the Application Store, shall be solely
responsible for the investigation, defense, settlement, and discharge of any claim that the
Application or your use of it infringes any third-party intellectual property rights.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions provided by You to the Company
regarding the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any
purpose and in any way without any credit or compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently,
the Application or any service to which it connects, with or without notice and without liability to
You.
Updates to the Application
The Company may periodically provide enhancements or improvements to the features and
functionality of the Application, including patches, bug fixes, updates, upgrades, and other
modifications.
Updates may modify or delete certain features or functionalities of the Application. You agree that
the Company has no obligation to (i) provide any Updates or (ii) continue to provide or enable any
particular features or functionalities of the Application.
You further agree that all updates or other modifications will be (i) considered an integral part of the
Application and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the
Application. To the extent that any maintenance or support is required by applicable law, the
Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
Third-Party Services
The Application may display, include, or make available third-party content (including data,
information, applications, and other products or services) or provide links to third-party websites or
services.
You acknowledge and agree that the Company is not responsible for any Third-Party Services,
including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality, or any other aspect. The Company does not assume and shall not have any
liability or responsibility to You or any other person or entity for any Third-Party Services.
You must comply with applicable third-party terms of agreement when using the Application. Third-
Party Services and links are provided solely as a convenience to You, and You access and use them
entirely at your own risk and subject to those third parties' terms and conditions.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with
Our Privacy Policy: https://www.liftednj.com
By accepting this Agreement, You agree and consent to the terms and conditions of Our Privacy
Policy.
Term and Termination
This Agreement remains in effect until terminated by You or the Company. The Company may, at its
sole discretion, suspend or terminate this Agreement at any time and for any or no reason, with or
without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, if You fail to
comply with any provisions of this Agreement. You may also terminate this Agreement by deleting
the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies
of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in
equity in case of breach by You (during the term of this Agreement) of any of your obligations under
the present Agreement.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors,
employees, agents, affiliates, successors, and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising
from or relating to your use or misuse of the Application or your breach of this Agreement.
Moreover, You agree that the Company assumes no responsibility for the content you submit or
make available through this Application.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE," with all faults and defects. To the
fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its
affiliates, licensors, and service providers, expressly disclaims all warranties, whether express,
implied, statutory, or otherwise, related to the Application. This includes all implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement, as well as warranties
arising from the course of dealing, performance, usage, or trade practice. Specifically, the
Company does not warrant that the Application will meet your requirements, achieve any intended
results, be compatible or work with any other software, applications, systems, or services, operate
without interruption, meet any performance or reliability standards, or be error-free, nor does it
guarantee that any errors or defects will be corrected.
Furthermore, neither the Company nor any of its providers make any representations or warranties,
express or implied, regarding: (i) the operation or availability of the Application, including the
accuracy and reliability of any information or content provided; (ii) the uninterrupted or error-free
nature of the Application; or (iii) the absence of viruses, malware, or other harmful components in
the Application or associated communications.
Some jurisdictions may not allow the exclusion of certain warranties or limitations on statutory
consumer rights, so some or all of the above exclusions and limitations may not apply to You. In
such cases, the exclusions and limitations set forth in this section will be applied to the greatest
extent permissible under applicable law. Where any warranty cannot be disclaimed by law, the
Company (and not the Application Store) will be solely responsible for such warranty.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company’s total liability and Your exclusive
remedy for any claims related to this Agreement or the Application shall be limited to the amount
You actually paid for the Application, or 100 USD if You have not made any purchases through the
Application.
The Company and its suppliers shall not be liable for any special, incidental, indirect, or
consequential damages, including but not limited to loss of profits, data, or business interruption,
even if advised of the possibility of such damages or if a remedy fails its essential purpose. This
applies to damages related to the use or inability to use the Application, third-party software or
hardware, or any other matter related to this Agreement.
Some states or jurisdictions do not permit the exclusion or limitation of incidental or consequential
damages, so the above limitations may not apply to You.
You also acknowledge and agree that the Application Store, its subsidiaries, affiliates, and licensors
shall not be liable to You under any theory of liability for any direct, indirect, incidental, special,
consequential, or exemplary damages, including any loss of data, whether or not the Application
Store or its representatives have been informed of the possibility of such losses.
Severability and Waiver
Severability
If any provision of this Agreement is deemed unenforceable or invalid, it will be modified and
interpreted to achieve the intent of the provision to the fullest extent possible, while the remaining
provisions will continue in full force and effect.
Waiver
The failure to exercise any right or enforce any obligation under this Agreement does not affect a
party's ability to exercise such right or enforce such obligation in the future. A waiver of any breach
does not constitute a waiver of any subsequent breach.
Product Claims
The Company is solely responsible for addressing any claims arising from or related to your use of
the Application. This includes, but is not limited to: (i) product liability claims; (ii) claims that the
Application fails to meet applicable legal or regulatory requirements; and (iii) claims arising under
consumer protection or similar legislation.
United States Legal Compliance
You represent and warrant that: (i) You are not located in a country subject to a U.S. government
embargo or designated as a "terrorist supporting" country; and (ii) You are not listed on any U.S.
government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right to modify or replace this Agreement at its sole discretion. If any
changes are material, we will provide at least 30 days' notice before the new terms take effect. The
Company will determine what constitutes a material change.
By continuing to use the Application after revisions are made, You agree to the new terms. If You do
not agree, You are no longer authorized to use the Application.
Governing Law
This Agreement and Your use of the Application will be governed by the laws of the Country,
excluding its conflict of law principles. Your use of the Application may also be subject to other
local, state, national, or international laws.
Entire Agreement
This Agreement constitutes the entire agreement between You and the Company regarding your use
of the Application and supersedes all prior or contemporaneous agreements, whether written or
oral.
You may be subject to additional terms and conditions when using or purchasing other services
from the Company, which will be provided at the time of such use or purchase.
Contact Us
For any questions regarding this Agreement, You can contact Us:
• By email: legacytolifted@gmail.com
• By visiting this page on our website: https://www.liftednj.com
• By phone: 201-492-8431