Visitlift Terms of Service

February 1, 2016
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH VISITLIFT, LLC. OFFERS YOU ACCESS TO THE VISITLIFT PLATFORM

These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Visitlift, LLC. (“Visitlift,” “we,” “us” or “our”), a Delaware corporation, governing your use of the Visitlift application, website, and technology platform (collectively, the “VisitliftPlatform”).

The Visitlift Platform provides a marketplace where persons who seek transportation to a prison visit (“Passengers”) can be matched and carpool with persons driving to the same visit as the passengers (“Drivers”). Drivers and Passengers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Visitlift Platform. For purposes of this Agreement, the carpooling services provided by Drivers to Passengers that are matched through the Platform shall be referred to collectively as the “Services”.

THE DRIVER WILL DECIDE WHETHER OR NOT TO OFFER A RIDE TO A PASSENGER CONTACTED THROUGH THE VISITLIFT PLATFORM, AND IT IS UP TO THE PASSENGER TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER CONTACTED THROUGH THE VISITLIFT PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE VISITLIFT PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A PASSENGERS SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.

By creating your User account and using the Visitlift Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Visitlift Platform or the Services.

  1. Modification to the Agreement

    We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the VISITLIFT Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the VISITLIFT Platform or the Services.

  2. Eligibility

    The Visitlift Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Visitlift Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.

  3. Payments

    As a Passenger, you agree that any amounts charged following a ride (a “Charge”) are mandatory and due and payable immediately upon completion of the ride. Visitlift has the authority and reserves the right to determine and modify pricing. Charges may vary based on the distance you request for Carpooling.

    • Ride Fees: Ride Fees consist of flat rate and fixed rate charges based on the duration and distance of your ride. For round trip rides under 50 miles there is a flat rate Ride Fees which is subject to change at Visitlift’s discretion.
    • Trust & Service Fee: Lyft may assess a per-ride “Trust & Service Fee” to offset Lyft’s expenses, including but not limited to those related to promoting trust and safety on the Lyft platform as well as other operational costs of running the Lyft Platform. Such expenses are dynamic and may or may not exceed Lyft’s Trust & Service Fee collections in certain markets. Excess Trust & Service Fee collections, if any, will be deemed general revenue.
    • Cancellation Fee: In the event that you cancel a ride request on the Visitlift Platform more than 10 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Visitlift Platform or the provision of Services.
    • Damage Fee: If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Visitlift in its sole discretion), towards vehicle repair or cleaning. Visitlift reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
    • Other Charges: Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments.These fees can be paid in cash and agreed amongst driver and passenger.
    • Facilitation of Payments: All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., a division of PayPal, Inc.). Visitlift may replace its third-party payment processing services without notice to you. Charges shall only be made through the Visitlift Platform. Cash payments are strictly prohibited.
    • No Refunds: Charges are assessed immediately following completion of the ride to your authorized payment method. All Charges are non-refundable, unless otherwise determined by Visitlift.
    • Promotions: Visitlift, at its sole discretion, may make available promotions with different features to any of our Riders or prospective Riders. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Visitlift.
    • Credit Card Authorization: Upon addition of a new payment method or each ride request, Visitlift may seek authorization of your selected payment method to verify your payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

    In exchange for permitting you to offer your Services through the Visitlift Platform as a driver you agree to pay Visitlift (and permit Visitlift to retain) a fee of up to 20% (the “Administrative Fee”) of the Ride Fees paid by Riders for such Services.

    Visitlift, at its sole discretion, may make available promotions with different features to any Drivers or prospective Drivers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Visitlift.

  4. Your Information

    Your Information is any information you provide, publish or post to or through the Visitlift Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Visitlift-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Visitlift Platform and participate in the Services. Our collection and use of personal information in connection with the Visitlift Platform and Services is as provided in Visitlift’s Privacy Policy located at https://www.lyft.com/privacy . .

    You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.

    You warrant and represent to us that you are the sole author of your Information. To enable the Visitlift Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Visitlift does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

    You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Visitlit for accessing the Visitlift Platform. You are solely and fully responsible for all activities that occur under your User account, and Visiltift expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

  5. Social Networking Sites

    As part of the functionality of the Visitlift Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the Visitlift Platform or allowing Visitlift to access your SNS Account. By granting Visitlift access to any SNS Accounts, you understand that Visitlift may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Visitlift Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

    Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Visitlift Platform.

  6. Restricted Activities

    With respect to your use of the Visitlift Platform and your participation in the Services, you agree that you will not:

    1. impersonate any person or entity;
    2. stalk, threaten, or otherwise harass any person, or carry any weapons;
    3. violate any law, statute, ordinance or regulation
    4. interfere with or disrupt the Services or the Vifitlift Platform or the servers or networks connected to the Visitlift Platform;
    5. post Information or interact on the Visitlift Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
    6. use the Visitlift Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
    8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Visitlift Platform;
    9. “frame” or “mirror” any part of the Visitlift Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
    10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Visitlift Platform or any software used on or for the Visitlift Platform;
    11. rent, lease, lend, sell, redistribute, license or sublicense the Visitlift Platform or access to any portion of the Visitlift Platform;
    12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Visitlift Platform or its contents;
    13. create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi service;
    14. link directly or indirectly to any other web sites;
    15. transfer or sell your User account, password and/or identification to any other party; or
    16. cause any third party to engage in the restricted activities above.

    We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

  7. Driver Representations and Warranties

    By providing Services as a Driver on the Lyft Platform, you represent, warrant, and agree that:

    • You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
    • You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
    • You will only provide Services using the vehicle that has been reported to and for which a photograph has been provided to Lyft, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
    • You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
    • You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages (however, this provision shall not limit the scope of Lyft’s insurance policies referenced on www.lyft.com/safety).
    • In the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, for reporting the accident to Lyft and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
    • You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
    • You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
    • You will not make any misrepresentation regarding Lyft, the Lyft Platform, the Services or your status as a Driver, or, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
    • You will not attempt to defraud Lyft or Riders in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Ride Fees or other payments for the ride(s) in question.
    • You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation for service animals.
    • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
  8. Proprietary Rights and Trademark License

    All intellectual property rights in the Visitlifts Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Visitlift Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Visitlift. Lyft shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

    VISITLIFT, Visitlift logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Visitlift in the United States.

  9. Disclaimers

    The following disclaimers are made on behalf of Visitlift, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.

    The Visitlift Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Visitlift Platform and/or the Services, including the ability to provide or receive Services at any given location or time.

    We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

    We do not warrant that your use of the Visitlift Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Visitlift Platform will be corrected, or that the Visitlift Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Visitlift Platform or Services.

    We have no control over the quality or safety of the transportation that occurs as a result of the Services. We cannot ensure that a Driver or Passenger will complete an arranged transportation service.

    We cannot guarantee that each Passenger is who he or she claims to be. Please use common sense when using the Visitlift Platform and Services, including looking at the photos of the Driver or Passenger you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Visitlift Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.

    Visitlift is not responsible for the conduct, whether online or offline, of any User of the Visitlift Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Visitlift Platform and participating in the Services, you agree to accept such risks and agree that Visitlift is not responsible for the acts or omissions of Users on the Visiltift Platform or participating in the Services.

    It is possible for others to obtain information about you that you provide, publish or post to or through the Visitlift Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Visitlift Platform or through the Services. Please carefully select the type of information that you post on the Visitlift Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

    Opinions, advice, statements, offers, or other information or content made available through the Visitlift Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Visiltift Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Visitlift Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

    The Visitlift Platform contains (or you may be sent through the Visitlift Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Visitlift Platform.

    Location data provided by the Visitlift Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Visitlift, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Visitlift Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Visitlift Platform may be accessible to Visitlift and certain Users of the Lyft Platform.

  10. Indemnity

    You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Visitlift Platform and participation in the Services, including:

    1. your breach of this Agreement or the documents it incorporates by reference;
    2. your violation of any law or the rights of a third party, including, without limitation, Drivers, Passengers, other motorists, and pedestrians, as a result of your own interaction with such third party;
    3. any allegation that any materials that you submit to us or transmit through the Visitlift Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
    4. your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or
    5. any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
  11. Limitation of Liability

    IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE VISITLIFT PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE VISITLIFT PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE VISITLIFT PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  12. Release

    In the event that you have a dispute with one or more Users, you agree to release Visitlift (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Visitlift Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users.

  13. Term and Termination

    This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Visitlift Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Passenger and/or Driver), or revoke your permission to access the Visitlift Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Visitlift Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party.

  14. Agreement to Arbitrate All Disputes and Legal Claims

    You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Visitlift Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

    YOU ACKNOWLEDGE AND AGREE THAT YOU AND VISITLIFT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  15. Confidentiality

    You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Visitlift business, operations and properties, including User information (“Confidential Information”) disclosed to you by Visitlift for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Visitlift in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Visitlift with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Visitlift or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Visitlift; becomes known to you, without restriction, from a source other than Visitlift without breach of this Agreement by you and otherwise not in violation Visitlift’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Visitlift to enable Visitlift to seek a protective order or otherwise prevent or restrict such disclosure.

  16. No Agency

    You and Visitlift are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

  17. Notices, Complaints

    To resolve a complaint regarding the Visitlift Platform, you should contact our Customer Service Department through our support center at Help@Visitlift.com

  18. General

    This Agreement shall be governed by the laws of the State of ____________ without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Visitlift, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Visitlift with respect to the subject matter hereof.

© 2017 VISILIFT- ALL RIGHTS RESERVED
Terms of Services