These are the terms of use (“Terms of Use”) for your use of products, services or features on the sites owned and controlled by Prairie Composites LLC. DBA LiftCover (“us”, “we” “Company”), including www.liftcover.com (“the Website”, “the Site”). You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.
If you register for an account, you will have pages associated with your account, including a Profile page containing your purchases. Your Account page is not visible to anyone but you.
BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), OUR PRIVACY POLICY AND OUR DISCLAIMERS. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.
We also like to interact with you on third party sites where we may post content and/or products. We do not control those Third-Party Sites, and these Terms of Use, Privacy Policy and/or Disclaimers do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. You should always check the terms of use posted on Third Party Sites.
The Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
Your Account
If you are a new customer and have not shopped with us before, you will need to register by providing your email address (login) and creating a password.
If you are a returning customer, you will be prompted to sign in by providing your email address (login) and password. If you have forgotten your password, click the “Lost your password?” link on the My Account screen. Enter your email address, and we will send you a link to reset your password.
Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is owned by Prairie Composites LLC. DBA LiftCover.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of The Company and protected by U.S. and international copyright laws. All software used on the Sites is the property of the Company or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with us. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of The Company is strictly prohibited.
Trademarks
The Site and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress owned by The Company and may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Product Information
The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. Please check availability for your country before placing the order. All prices displayed are quoted in U.S. Dollars.
All material and information we present is intended to be used for personal, educational or informational purposes only. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. Please review the product’s description for the most current information.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the products to avoid potential inconvenient. The Website is solely an online store for boat lift canopies. You should do your own research and consult regarding the use of any goods, products or information received from the Site before using or relying on them.
The products available on the Site are for your personal use only. You may not sell or resell any products you purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products to be provided to you that may result in a violation of these Terms of Use, as determined by the Company in its sole discretion.
Except where prohibited by law, we may limit the number of products available for purchase. At the time, clients may be limited to the purchase of $20,000 (twenty thousand American Dollars) per transaction.
Legal Age
You must be 18 years of age or older, or the age of majority in the jurisdiction in which you reside (whichever is older) in order to buy intimate care products.
Age of Consent: By placing an order, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.
Color Information
While The Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Your Use of Content on the Site and Limitation of Liability
The Company is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third-Party Site. More generally, Content posted via or on the Sites or any Third-Party Site, is not controlled by us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using any other link, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.
You may access the Content and any other content on the Website only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Content.
Third-Party Content and Third-Party Sites
The Company may provide content of third parties (“Third-Party Content”), or links to Third-Party Sites, as a service to those interested in this information. We do not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third-Party Content or Third-Party Sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site. We are not responsible for updating or reviewing Third-Party Content or Third-Party Sites. You use Third Party Content and Third-Party Sites at your own risk.
Third-Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third-Party Sites (including, without limitation, websites hosted by our website).
Reservation of Rights
We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use our Site and to block or prevent your future access to it. We may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Company (and its employees), its users and the public.
Disclaimer of Warranties
THE COMPANY IS PROVIDING THE SITE AND ITS CONTENT “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.
Disclaimer of Liabilities
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.
Indemnification
You agree to defend, indemnify and hold harmless the Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.
DMCA
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide the Company’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
The Company’s DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached by email info@liftcover.com and/or by mail Prairie Composites LLC. DBA LiftCover, Legal Department, 46975 535th Avenue Perham, MN 56573, United States of America and/or by phone 218-346-2803.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates our published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Privacy
By submitting your email address in connection with your account, you agree that the Company and its third-party service providers may use your email address to contact you about your account, or for other administrative purposes and for any other purpose permitted or required by law. Our Privacy Policy provides further detail on the manner in which we may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Site
Waiver
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Dispute Resolution
If a dispute should arise between you and the Company, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling 218-346-2803 or by sending an email to info@liftcover.com.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.
Legal Disputes; Class Action Waiver; Jury Trial Waiver
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.
NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).
Choice of Law/Forum Selection
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of Minnesota.
Severability
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by the Company, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
Notice to California Consumers
For questions or complaints regarding the Sites, please send a letter to the above address or send an email to info@liftcover.com with “California Inquiry” in the subject line, or call 218-346-2803.
