TERMS AND CONDITIONS OF USE

These general conditions of access and use define the conditions and restrictions of use that you accept when you download, access and use TheLifterCrew Application and services, including limitations of warranty and liability.

You hereby acknowledge that these terms and conditions are effective in the same manner as any other written contract and that you agree to abide by them. In the absence thereof, you are not authorized to download and use TheLifterCrew Mobile Application.

The general terms and conditions can be consulted at any time on the Application. TheLifterCrew Application and the services associated with it are offered by L.C APP LLC, hereinafter referred to as TheLifterCrew with address at 7620 abbott ave, Miami Beach 33141. To contact us, you can send an email to info@theliftercrew.com.

1. WARNING

TheLifterCrew Application offers physical exercise programs for its users, and shall in no case be considered as medical advice or diagnosis. The practice of these exercises may not be recommended for certain people, depending on their state of health even if they have filled out the health profile and activated the adaptation of the training programs (especially people who are not in good physical condition or who have health problems, pregnant or breastfeeding women, or those who require a specific diet, etc.). Before using the services, you should consult with a physician or health care professional, especially if you are aware of any pre-existing medical conditions such as cardiovascular disease, respiratory disease, spinal and/or joint ailments, neuromuscular disease, surgical interventions, as well as any other health-related limitations.

Therefore, before using the Application, the User declares and declares: That he/she is in good health and is fit for intense exercise or, having filled in the health profile, activates the adaptation of the training programs to his/her risk group. That you have consulted a doctor who confirms that you are able to perform the exercises indicated in TheLifterCrew Application. That the information you provide through the TheLifterCrew Application is accurate. That you have no heart disease, joint disease, or problems with high blood pressure, obesity, cholesterol, arthritis, diabetes, or family history of this type. That he/she has no pain, dizziness, loss of consciousness, vertigo during the practice of sports activities. That no doctor has advised against the practice of sports activities. That you have no reason to believe, for whatever reason, that you should not practice the exercises offered on TheLifterCrew Application. In case of problems, or if you do not feel well during the practice of an exercise, stop immediately and call the emergency room or a doctor. Use of TheLifterCrew Services is at your own risk.

Use of the exercise and health programs does not guarantee any particular results. Actual results will depend on factors such as physical readiness or previous health conditions. Consequently, results may vary significantly among different individuals despite the same use.

The registered User (User) is informed and acknowledges that the services of TheLifterCrew Application are offered in digital services and content, without material support, and that the execution of the contract begins at the moment of subscription to the service, with the prior agreement of the User.

2. DEFINITIONS

The terms used, both in the plural and in the singular in the present General Conditions shall have the following meaning:

User: Natural person who has downloaded and uses TheLifterCrew Application on his terminal for his personal needs and who has subscribed to the present service contract, committing himself to respect it, having adhered to a tariff offered in TheLifterCrew Application.

TheLifterCrew Application: Application published by L.C APP LLC whose use is subject to these General Terms and Conditions, including its subsequent updates.

User Account: Account created by the User on the TheLifterCrew Application and accessible with an email address and password to access and use the Services.

General Conditions or Contract: These General Conditions apply to the access and use of the TheLifterCrew Application and its functions and other services of L.C APP LLC for the User.

Services: Services offered on the TheLifterCrew Application as described in the TheLifterCrew Application.

Online Store: Mobile application download platform that allows the download of TheLifterCrew Application for the operating system used in the User’s terminal.

Terminal: Any smartphone connected to the Internet and with an operating system compatible with TheLifterCrew Application, as indicated in the Online Store, of which the User is the sole owner or has control and on which TheLifterCrew Application is installed and used.

L.C APP LLC: Company that publishes TheLifterCrew Application and provides the Services, the details of which are indicated at the end of the General Terms and Conditions.

3. OBJECT

The General Conditions define the conditions under which the User has the right to use TheLifterCrew Application as well as the responsibilities of L.C APP LLC and the User.

By clicking on the pop-up window provided for this purpose, the User accepts without reservation the General Conditions and acknowledges that they prevail over any other document relating to TheLifterCrew Application. L.C APP LLC may at any time modify, suspend or remove TheLifterCrew Application or the Services, modify subscriptions, their prices or the General Terms and Conditions. These actions will have no impact on the previously downloaded TheLifterCrew Application or subscriptions already subscribed by the User. Acceptance of the new Terms and Conditions and/or continued use of the TheLifterCrew Application after the entry into force of the modifications constitutes acceptance of the new conditions. The Contract is concluded between L.C APP LLC and the User excluding the operator of the Online Store who is not responsible for TheLifterCrew Application and its contents. The User also agrees to comply with all obligations related to the downloading of TheLifterCrew Application from the Online Store.

The User acknowledges that the store operator and its subsidiaries have the status of beneficiaries of this Agreement and shall have the possibility to oppose the User if necessary.

4. ACCESS TO THE APPLICATION AND SUBSCRIPTION

The functions of TheLifterCrew Application are accessible, after downloading from the Online Store and the creation of a User account.

The User must have a system (hardware and software) compatible with the TheLifterCrew Application and an Internet access which are at his own expense and responsibility. The use of TheLifterCrew Application may require periodic updates.

The User represents and warrants to L.C APP LLC that he/she is at least 16 years of age. In the case of users under this age, their registration will not be allowed.

Creation of a User Account: The User Account allows the User to manage his/her profile and statements and to access the Services. The User must create a User Account on the TheLifterCrew Application using his/her email address and a password.

The User declares that all the information he/she provides to TheLifterCrew Application is complete, truthful and up to date at all times. The User acknowledges that his/her credentials and password are strictly personal and confidential. It is forbidden, therefore, to communicate or share these data with third parties.

The User guarantees that the data provided at the time of registration and subsequently, on a mandatory or optional basis, are accurate, sincere and in accordance with reality. L.C. APP LLC shall in no event be liable for the provision of false or incomplete information by the User or its consequences.

The User is solely responsible for the use of his/her User Account, as well as all actions and statements made through his/her User Account. In no event shall L.C. APP LLC be held liable in case of usurpation of the identity of a User since it does not have the technical means to systematically ensure the identity of persons. The User will be asked to fill in the requested information. That is to say, specifically their gender, their purpose, their age, their height, their weight and the evaluation of their body fat percentage for the purposes of the services of the App.

The information communicated to L.C APP LLC is collected and processed in accordance with its privacy policy (https://theliftercrew.com/privacy-and-cookie-policy/).

5. APPLICATION FEATURES AND SUBSCRIPTIONS

Use of the App is subject to subscription to paid services. Various subscription options are available on the TheLifterCrew App, details of which are specified on the App.

The price of the Subscription is the prevailing rate displayed on the TheLifterCrew App at the time of Subscription (except for manifest errors) and will be charged at the time of activation of the Subscription, unless a free trial period has been provided for and indicated when proceeding with payment on the App. In such case, it will be charged at the end of the trial period (unless terminated early). 

The User declares that he/she is fully authorized to use the payment method he/she uses and that he/she has sufficient funds to cover the cost of the subscription. In no event shall L.C APP LLC be liable for any fraudulent use of the User’s means of payment or Account. The duration of the subscription begins at the moment of starting the subscription, and will be in effect for the duration chosen by the Subscriber. 

Cancellation: Subscriber is informed and acknowledges that the Services are offered through digital content, without material support and that the performance of the Services begins at the moment of the Subscription of the service, with Subscriber’s prior agreement. As such, by using the Services, the Subscriber acknowledges that he/she expressly waives his/her right of revocation. In the event that there is any billing-related matter for which there is a difference of opinion with L.C. APP LLC, the Subscriber agrees to inform us as soon as possible, but no later than 15 days after the actual billing by L.C. APP LLC. By accepting these Conditions, the User expressly agrees to receive the invoice in electronic format by e-mail to the e-mail address indicated in the User Account. The cancellation of the Subscription shall be made through the Application, in the section indicated for such purpose (‘Subscriptions’, ‘Subscription cancellation’, or similar).

6. USER OBLIGATIONS

The User agrees and undertakes not to make any use of the TheLifterCrew Application that may be detrimental to L.C APP LLC, the operation of the TheLifterCrew Application, third parties or the laws in force and these Terms and Conditions.

The User represents and warrants that (i) it is not located in a country that is subject to a U.S. government embargo or that the country has been designated by the U.S. government as «supporting terrorism»; and (ii) it is not on any U.S. government list of prohibited or restricted parties.

User accepts and agrees to comply with the terms of the applicable third party agreement when using the Application.

7. INTELLECTUAL PROPERTY

TheLifterCrew owns all rights and/or legally exploits the TheLifterCrew Application and its contents with respect to the User. The User acknowledges that patents, trademarks, models, copyrights or other intellectual property rights relating to the TheLifterCrew Application, including all modifications, translations, adaptations, enhancements, corrections, updates or new versions and derivative works, are and shall remain at all times reserved to L.C APP LLC. The User agrees to use TheLifterCrew Application in accordance with the Terms and Conditions and not to infringe in any way the proprietary rights of L.C APP LLC. Such infringement may result in legal action and the termination of this Agreement. L.C APP LLC grants you a limited, non-transferable, non-revocable, exclusive license to view, download, copy and print Content retrieved from the Services solely for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice or other proprietary rights notices appearing on or related to the Content.

While we strive to keep the Contents accurate, complete and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness or timeliness of any Content.

Subject to compliance with the limited Terms and Conditions, L.C APP LLC grants the User a personal, limited, temporary, non-transferable, non-exclusive, non-transferable license to download, install and use the Application on your Terminal, in executable form. Any use not authorized in the General Conditions is prohibited. In particular but without limitation, the User is forbidden to: Install the TheLifterCrew Application and/or use it for purposes other than those specified in this Agreement, and in particular for illegal or commercial purposes; Copy, reproduce, modify in any way, integrate into another product, part or all of the TheLifterCrew Application even to correct any errors it may contain. This right shall be reserved to L. C APP LLC except for copies authorized by law; Disassemble, reverse engineer, attempt to discover the source code (strictly confidential) and/or the specific data files of TheLifterCrew Application, including to make it interoperable with other hardware or software than those mentioned; Distribute, give, sell, sub-license or otherwise transfer, even free of charge, all or part of the rights conferred by this Agreement, by any means and to any person; as such, the User agrees to delete its TheLifterCrew Application from its Terminal in the event it transfers ownership or control to a third party; Remove, obscure or alter any proprietary notices or trademarks affixed to the credits of the Application.

8. WARRANTIES AND LIABILITIES

L.C APP LLC will make every effort to allow continuous access to TheLifterCrew Application and to provide accurate information, with diligence and according to the rules of the art, except for interruption required under maintenance, possible breakdowns, technical or legal constraints. TheLifterCrew Application is of a particularly complex area of computer technology and in the current state of knowledge, and cannot be subjected to usability testing in all possible circumstances of use and, to the extent permitted by applicable mandatory law, no warranty other than those described in these General Terms and Conditions can be given to the User. In particular, no warranty can be given as to the suitability of the TheLifterCrew Application for all needs and requirements of the User at its own discretion or the continuous operation of the TheLifterCrew Application without error or damage. The TheLifterCrew Application and Services are provided «AS IS», as part of obligation of means.

Support, maintenance and updating of the TheLifterCrew Application for the benefit of the User are not included in the license provided for in these Terms and Conditions. Therefore, the User acknowledges that L.C APP LLC has no obligation to provide maintenance and support services for the TheLifterCrew Application. L.C APP LLC is not responsible for third party content accessible via the TheLifterCrew Application, for its accuracy, legality, quality or its decent character and in general terms cannot guarantee content and services by third parties via the TheLifterCrew Application. Such content or services are governed by the applicable provisions and conditions, to which L.C APP LLC is not a party. To the maximum extent permitted by applicable mandatory law, L.C APP LLC shall not be liable for any damages arising from the use of TheLifterCrew Application that does not comply with these Terms and Conditions, the advice of the User’s own and any physicians or health professionals, nor for any technical problems of the User on the User’s Terminal. L.C APP LLC cannot be held responsible if for any reason beyond its control, the Fitmewise Application is inaccessible or of poor quality, in particular due to the User, his Terminal or the means to access and use the TheLifterCrew Application. The User is solely responsible for the use he makes of the Services and for the harmful consequences thereof, vis-à-vis L.C APP LLC or third parties, in particular in the event of non-compliance with his obligations provided for in these General Terms and Conditions. The liability of each party shall be established only in case of foreseeable and consequential damage, resulting from a proven serious failure of their obligations that is directly attributable to them. The operator of the Online Store has no warranty obligation with respect to the TheLifterCrew Application.

The User acknowledges that the Services and activities of L.C APP LLC, do not in any way constitute medical advice, counsel, diagnosis or prescription and that the Services are only general exercise programs and diet proposals which do not constitute, and are not intended to constitute, medical advice or prescriptions. The User should in any case consult his or her physician or a health care professional regarding his or her health condition. The Services are guidelines on how to perform certain exercises or to perform certain programs, but the User is recommended to consult various sources of information, to consult his doctor before a sports activity and to adapt the exercises and programs to his state of health. L.C APP LLC assumes no responsibility for the results that may be achieved through the use of the Application. The use of the exercise and health programs does not guarantee certain results. Actual results will depend on factors such as physical readiness or previous health conditions. Consequently, results may vary significantly among different individuals despite the same usage. Use of TheLifterCrew Services is at your own risk. L.C APP LLC shall not be liable for any health problems that the user of our exercise and health programs may suffer. The user under his responsibility, declares to have the physical capacity for the practice of the sport assuming under his responsibility any eventuality, setback, difficulty, problem, injury or accident that by such circumstance may occur, fully and expressly exonerating TheLifterCrew of any liability for these concepts.

For those TheLifterCrew Services related to nutrition, the user is responsible for verifying that the foods and nutrients recommended as part of the training do not contain ingredients to which the user is allergic or which may cause food intolerance. Pregnant women and nursing mothers should not follow the training and dietary guidelines we offer.

Our advice on physical exercise and/or nutrition is constantly updated according to the development of scientific knowledge on health, nutrition and sport. Although we design our training and dietary advice according to current research and knowledge, we do not guarantee that it corresponds to the latest state of research or knowledge at all times.

9. DURATION AND TERMINATION

The User may at any time stop using TheLifterCrew Application by deleting TheLifterCrew Application from his Terminal. The Subscription subscribed by the User will be applicable for the duration selected by the User and will be extended by tacit agreement at its termination for periods of the same duration, at the rate in force. If the User does not wish to renew his Subscription, he may terminate it with 24 hours notice by sending an email to L.C. APP LLC or by deactivating the renewal in the settings of his Terminal. Likewise, the Parties may terminate the Contract in the event of non-compliance by the other party of its obligations after notice. In the event of termination, for any reason whatsoever, the User shall cease using TheLifterCrew Application and destroy all copies made. The provisions that should survive termination or cancellation of the Contract, by their nature or specifically, will continue to apply for the period applicable to them. L.C APP LLC reserves the right to modify, suspend or terminate the Service and/or TheLifterCrew Application, either in its entirety or any part thereof. In the event of termination, L.C APP LLC will refund Subscribers an amount corresponding to the unexpired term of their Subscription. Users who use the TheLifterCrew Application do so with full knowledge and acceptance of such authority by L.C APP LLC with respect to contracts, and accordingly agree not to bring any action against L.C APP LLC as a result of its use of such authority.

10. CONFIDENTIALITY AND PRIVACY POLICY

Personal data: The creation of a User Account and the provision of the Services require the collection by L.C APP LLC of a certain amount of personal data relating to the User that have been described The data collected are necessary for the performance of its obligations by L.C APP LLC, especially for the management of the subscription, the provision of the Services and the exercise of the rights provided for in these General Conditions. The User who does not wish to provide this information cannot use TheLifterCrew Application and receive the Services. The party responsible for the processing of this data is L.C APP LLC whose details are provided at the end of the General Conditions, except for what concerns data related to the payment method which will be processed exclusively by the payment gateway of theOnline Store in question, which is the only party responsible for the processing. These personal data are kept by L.C APP LLC (or its subcontractor), as Service provider throughout the period of use and subscription of the User in secure conditions, according to the current measures offered by the technique. L.C APP LLC undertakes not to use them in any other context or communicate them to third parties. For more details, please consult our Privacy Policy.

11. THIRD PARTY BENEFICIARIES

TheLifterCrew and User acknowledge and agree that the proprietary company where the TheLifterCrew Application is hosted (e.g., Play Store, Apple Store) and its subsidiaries are third party beneficiaries of this agreement and that, upon User’s acceptance of these terms and conditions of use, the proprietary company where the TheLifterCrew Application is hosted has the right (and shall be deemed to have accepted the right) to enforce this agreement against User as a third party beneficiary of this agreement.

12. GENERAL PROVISIONS

Waiver: The fact that a Party waives to demand at any given time the strict performance by the other Party of any provision or condition of this Agreement shall not be considered as a definitive waiver of such provision or condition.

Invalidity of a clause: If a non-essential clause of the Contract is deemed void or unenforceable by virtue of a law or regulation or following an applicable decision of a competent authority, the Parties expressly agree that the Contract shall not be affected by the invalidity of the clause in question.

Applicable Law and Jurisdiction: This Agreement with Users domiciled in the USA is governed by US law. Existing law will determine the applicable jurisdiction with respect to the relationship between L.C APP LLC and the User. However, where such law provides for the possibility of the parties to submit to a particular forum, for any dispute relating to these terms and conditions, TheLifterCrew and the user expressly consent to submit to the exclusive jurisdiction and venue of the courts located in the USA.

Translate »