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Hoist
Lifts Terms of Use
Welcome to Hoist Lifts.com (the "Site").
Please review the following terms and conditions (the "Terms
and Conditions") that govern your use of, and purchase of products
from, the Site. Please note that your use of the Site constitutes
your agreement to follow and be bound by the Terms and Conditions.
If you do not agree with the Terms and Conditions, please do not
use the Site.
General
The Site is operated by Hoist Lifts. You may contact Hoist
Lifts via email;
Terms and Conditions Subject to Change
Hoist Lifts reserves the right to update or modify the
Terms and Conditions at any time without prior notice to you. We
recommend that you periodically review the Terms and Conditions
for any changes. By using the Site, you agree to be bound by the
Terms and Conditions, as amended from time to time.
Additions/Deletions
Hoist Lifts reserves the right to change, move or delete
portions of, or add to, the Site from time to time without prior
notice to you.
Returns (if applicable)
Any and all returns are subject to 15% restocking fee plus
any freight charges that may apply.
Content of the Site
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, and written and other materials that
appear on the Site (collectively, the "Content") are subject
to trademark, service mark, copyright and/or other intellectual
property rights under United States law and international law or
licenses held by Hoist Lifts or by third parties who have licensed
their materials to Hoist Lifts . Hoist Lifts owns the copyright
in the Site, including the selection and arrangement of the Content.
No right, title or interest in the Content is transferred to you
as a result of your use of the Site.
Visitors to the Site may not reproduce, distribute, replicate or
transmit the Content without the express written permission of Hoist
Lifts, except for materials downloaded, printed or stored for personal,
non-commercial uses. Any materials downloaded, printed or stored
for personal, non-commercial uses must retain any copyright, trademark
or other proprietary notices contained therein.
Third Party Websites
For your convenience, Hoist Lifts may provide links to websites
that are owned and operated by third parties which we think may
be of interest to you. However, Hoist Lifts does not endorse the
content on those sites and does not regularly review materials on
these linked third party websites. Therefore, you view any third
party websites linked from the Site at your own risk.
Prices
The prices displayed on the Site are quoted in United States dollars.
Prices are subject to change without notice.
Disclaimer
THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE PRODUCTS
OFFERED FOR SALE THROUGH THE SITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOIST LIFTS
AND ITS AFFILIATED ENTITIES AND SUPPLIERS DISCLAIM ALL WARRANTIES
AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SITE, ALL THE CONTENT THEREIN, THE SERVICES AND THE
PRODUCTS OFFERED FOR SALE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, HOIST LIFTS AND ITS AFFILIATED ENTITIES
AND SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON
THE SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL
OPERATE WITHOUT INTERRUPTION OR ERROR.
HOIST LIFTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS MAKE NO REPRESENTATION
THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE
FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL
COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE,
AND THAT THUNDERBIRD CONCEPTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR
RELATED TO YOUR USE OF THE SITE. ADDITIONALLY, HOIST LIFTS AND ITS
AFFILIATED ENTITIES AND SUPPLIERS ARE NOT LIABLE FOR DAMAGES OF
ANY KIND ARISING OUT OF OR RELATED TO ANY OF THE CONTENT ON THE
SITE, OR THE SERVICES AND PRODUCTS OFFERED FOR SALE THROUGH THE
SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO
ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE), IN STRICT LIABILITY, UNDER WARRANTY OR OTHERWISE, EVEN
IF AN AUTHORIZED REPRESENTATIVE OF HOIST LIFTS HAS BEEN ADVISED
OF OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. HOIST
LIFTS AND ITS AFFILIATED ENTITIES AND SUPPLIERS SHALL NOT BE LIABLE
FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF YOUR NEGLIGENCE,
WHETHER SUCH NEGLIGENCE IS DEEMED ACTIVE OR PASSIVE AND WHETHER
OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND
TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF THUNDERBIRD CONCEPTS AND ITS AFFILIATED ENTITIES AND
SUPPLIERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE
WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY OF THE CONTENT, THE SERVICES
OR THE PRODUCTS OFFERED FOR SALE THROUGH THE SITE, OR WITH THE TERMS
AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HOIST LIFTS AND ITS AFFILIATED
ENTITIES AND SUPPLIERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING
FROM OR RELATED TO YOUR USE OF THE SITE.
Violation of Terms and Conditions and Applicable Law
Use of the Site is subject to the Terms and Conditions as well as
applicable federal, state and local law. Hoist Lifts reserves the
right to terminate or suspend your access to the Site if we determine
that you fail to comply with the Terms and Conditions or if you
violate and applicable federal, state or local law.
GOVERNING LAW; JURISDICTION; VENUE
THE TERMS AND CONDITIONS WILL BE CONSTRUED UNDER AND GOVERNED BY
THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY
CHOICE OR CONFLICT OF LAW PROVISION THAT WOULD CAUSE THE APPLICATION
OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA,
AND THE FEDERAL AND STATE COURTS OF THE STATE OF CALIFORNIA WILL
HAVE THE EXCLUSIVE JURISDICTION AND VENUE TO ENFORCE THE TERMS AND
CONDITIONS. YOU AGREE NOT TO ASSERT, BY WAY OF A MOTION, AS A DEFENSE
OR OTHERWISE, IN ANY SUIT, ACTION OR PROCEEDING ARISING FROM THE
TERMS AND CONDITIONS THAT YOU ARE NOT PERSONALLY SUBJECT TO THE
JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR
PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF
THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THE TERMS AND
CONDITIONS MAY NOT BE ENFORCED IN OR BY THE ABOVE-NAMED COURTS.
SPECIAL TODAY...CLICK HERE TO SEE!
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