Terms of Use

If you have any questions/comments please send us an email: [email protected]

This website is owned and operated by Lift Interactive Inc. (“we” or “us” or “Openfield”). We provide and maintain an Internet Web site (the “Site”) for our users (“You” or “User”) to access our services. On our Site we provide hosted tools and processes to allow you to create individualized Openfield Application sites, facilitate user registrations, provision the upload of multi-media, use related services (collectively and as applicable, “Services”).

The Services and use of the Site are provided to you subject to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Agreement”) and our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between you and Lift Interactive Inc. and supersede all prior agreements between us.

1. Acknowledgement & Acceptance

Please read the following terms of this agreement carefully. by completing the registration process, you accept and agree to all of the terms and conditions set forth in this agreement and in our Privacy Policy. You hereby acknowledge that you are 13 years of age or older.

2. User Responsibilities

  • These Terms of Use represent your obligations. You agree to the following:
  • Compliance with our Anti-Spam policy. Refer to section 6.
  • Lawful use of the Services only. Refer to Section 8.
  • Creation and maintenance of all content in the account including, but not limited to, web-pages, forms, application submissions, email content, contact information and current billing and contact information.
  • Email list and contact information maintenance including opt-out contact information and immediate removal of opt-outs and bounces from email lists and the address book.
  • Payment of all agreed subscription fees on time.
  • You are responsible for all activity, usage and content posted under your account, including when content is posted by others who have accounts under your account).
  • Compliance with all other obligations set forth in these Terms of Use.

We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. Openfield is not responsible for your activities, application process, content, results or questions from respondents, other data, or any other matter concerning your use of the Site or the Services. Openfield suggests that you keep track of content submitted by registrants to your Openfield site (including but not limited to Applicants, Reviewers, Recommenders and Administrators) and other data in your own personal records, as we reserve the right to discontinue your account(s) or terminate the Services at any time. We are not responsible for the deletion of any data that is in, or has been added to, your account(s). If a User account remains inactive for a period of 18 months, we may deactivate the account.

3. Modification to Services Provided; Terms of Use

You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. In addition, we may make modifications to the Terms of Use, including the fees charged for Services. Modifications of the Service may include, without limitation, changes in the maximum allowable memory space, number of submissions, number of users, and number of groups, and other segments of the site (collectively, “Parameters”).

You will be notified of any changes made, either by a notice on our Site, or sent to you in an email. If you do not accept the changes, you must terminate your subscription or other use at that time. Your use of the Site or the Services after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

4. Payment Terms; Cancellation

You agree to pay, and we will automatically charge, all account fees, including any usage that exceeds the Parameters at the rates posted, and including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees that are in effect, or add new fees, by giving Users advance notice.

You have the option to cancel your subscription at any time by sending us an email at [email protected] We will promptly terminate your access to the Services upon receipt of your intent to cancel. Openfield will not issue refunds of subscription fees. We reserve the right to terminate your subscription and/or discontinue Services at any time for any reason.

5. Registration & Password

You are required to provide current, complete and accurate information when registering to use the Site. You must update and keep that information current as needed. You will provide a password in order to access the Services and your account. Your email login must be a valid email address which is maintained by you. Maintaining the confidentiality of your password and account information is your responsibility. You will immediately notify Openfield of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.

6. Anti-Spam Policy

Openfield is committed to being a trusted member of the Internet community and have a firm anti-spam policy. To maximize the availability of our Services to our community of Users, we have a zero tolerance policy against spam. You acknowledge, warrant and agree that:

  • You will not engage in any spamming activities through your use of the Services.
  • You understand and agree that Openfield is serving as a “website host” and is not the sender or originator of any communication to registrants of your Openfield Site, You are therefore solely responsible for all of your email activities undertaken while using the Services.
  • You will obtain consent, or have an ongoing business or personal relationship with, to send email messages to registrants of your Openfield Site.
  • Your use of the Site and Services will not violate any Canadian or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
  • If you engage in any spamming activity, Openfield will report such conduct to the appropriate authorities and turn over any and all information, including personally identifiable information, to appropriate law enforcement entities.
  • At any time, Openfield may request that you provide proof that your email recipients have agreed to receive email messages from you.

We will terminate the account of any User determined to have used the Services in connection with any spamming activities or otherwise breached these Terms of Use. aWe may also terminate your account if your mailings result in high bounce rates, a report or complaint of spam against the sender, poor monitoring of recipient consents including poor contact list management, or lack of compliance with our anti-spam guidelines. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy.

7a. Privacy

Openfield is committed to protecting the privacy and confidential information of our Users. For more information on our Privacy Policy, please view our privacy policy. You agree to maintain and comply with a privacy policy that is consistent with the Openfield Privacy Policy. You are responsible for the management of the personally identifiable information of persons that respond to your applications or to whom you send information. You represent and warrant that your Openfield site(s) will not target children under 13 and that you will not knowingly collect personally identifiable information from children under the age of 13.

7b. Confidentiality

We will not use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality agreements and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information.

Confidential Information may include, solely to the extent entered into the Services or Site by you:

  • technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you;
  • confidential marketing strategies;
  • confidential future product plans;
  • confidential financial information (including pricing); and
  • other confidential business information.

Confidential Information will not include any information that:

  • was publicly known and generally available in the public domain prior to the time of disclosure by you;
  • becomes publicly known and generally available after disclosure by you through no action or inaction of ours;
  • is already in our possession at the time of disclosure by you;
  • is obtained by us from a third party without a breach of such third party’s obligations of confidentiality;
  • is independently developed by us without use of or reference to your Confidential Information; or
  • is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

8. Other Prohibited Uses

You acknowledge, warrant and agree that:

  • You will not use the Service or the Site to transmit any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content.
  • You will not send any transmission that attempts to hide your identity or represents you as someone else.
  • Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
  • You will not use the Service or the Site to send any materials to any persons under 18 years of age unless and until you have taken and follow all necessary action and compliance pursuant to state and federal laws.
  • You will not upload or distribute in any way, any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone’s computer, the Service or the Site.
  • You will not interfere with or disrupt networks connected to the Service and the Site.
  • Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for Openfield, is strictly prohibited.
  • You will comply with all laws, rules and regulations regarding transmission of technical data exported from Canada.

If you engage in any activity set forth above, or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the Service and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate entities.

9. Disclaimer of Warranties

You acknowledge and agree that use of the service and the site is at your sole risk. The service and the site are provided on an “as is” and “as available” basis.

To the fullest extent allowed by law, Openfield expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. The contents of the services or the site may contain bugs, errors, problems or other limitations. Openfield assumes no liability or responsibility for any errors or omissions in content.

Openfield is not responsible for the contents of any Openfield site or invitations to participate in an Openfield site in any way. We are also not responsible for the responses submitted to the site or for the results generated by reports on the site ,nor for any usage of the site by users who participate in your Openfield site. We do not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to Openfield, nor the responses or information supplied by users to Openfield sites. Openfield does not warrant or make any representations regarding the use or the consequences of the use of any Openfield site or responses submitted to an Openfield site nor does openfield warrant the correctness, usefulness, reliability, accuracy of results displayed or reports generated by Openfield sites. Openfield is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any Openfield site created, data collected & displayed and reports generated on or through the services of the site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of any aspects of your Openfield site and data gathered and displayed on your Openfield site.

12. Links & Advertisers

Openfield may provide advertising space and/or links and pointers to Internet sites maintained by third parties. Openfield has not reviewed all of the third -party sites nor reviewed any products or services they may provide. Openfield is not responsible for, nor does it endorse, the contents or any products or services of such third parties or their sites. Openfield does not control in any respect any information, products or services offered or suggested by third parties on the site. Openfield does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by link.

13. Termination

These Terms of Use and the Service may be terminated by Openfield at any time. Openfield shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your subscription, and give notice to us of these actions. Upon termination, your right to use the Service and the Site cease immediately and Openfield shall have no obligation whatsoever to retain, forward or make available to you any data or information that you have uploaded or data that users of your Openfield site may have uploaded onto Openfield servers.

14. Indemnification

You agree to defend, indemnify and hold harmless Openfield, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Site or the Service, Openfield sites and data collected/displayed, reports generated and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

15. Jurisdiction

These Terms of Use, and the relationship between you and Openfield, shall be treated as if entered into and executed in the Province of Alberta and shall be governed and construed in accordance with the laws of the Province of Alberta, without regard to conflict of law principles, and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit to personal and exclusive jurisdiction and venue of the courts in Alberta, Canada. Openfield makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 1 year of the occurrence of the underlying facts.

16. Nature of Agreement

You agree that your completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between you and Openfield and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use. You also agree that any users that participate in an Openfield site that is licensed for your use by you will form a legal relationship with your organization and will have no relationship with Lift Interactive Inc. in any way.

17. General Provisions

In any dispute arising from the relationship between you and Openfield or these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. The failure by Openfield to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.