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LiftTalk Terms of Use

Last updated: Mar 18, 2025

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and LiftTalk Inc. (“Company,” “we,” or “us”), an American company that operates the LiftTalk platform and its affiliates, including but not limited to TrueWave Global Inc. (formerly LiftTalk Network Technology Ltd.), a Canadian company, to develop, maintain, and operate the software and platform on its behalf. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our LiftTalk website and mobile application, including any content, functionality, and services offered on or through the website (“Site”) and mobile application (“App”).

Please read the Terms of Use carefully before using the Site or App. By using and signing up for a user account with the Site or App, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, Coach Terms of Service if applicable, and other agreements incorporated herein by reference. You must not access or use the App if you do not want to agree to these Terms of Use, the Privacy Policy, the Code of Conduct, or other applicable agreements.

This Site or App is NOT intended to offer and be available to users below 18 years of age. By using this App, you represent and warrant that you meet our age requirement and are of legal age to form a binding contract with the Company in your jurisdiction. You MUST NOT access or use the Site or App if you do not meet these requirements.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site and App thereafter. We will provide notice to you of any changes to the Terms of Use, with specific notice given for material changes. Your continued use of the Site and App following such notice and the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to review the Terms of Use periodically to stay informed of any updates, as they are binding on you.

3. Definitions

  • Claimant: the User who submitted a Code of Conduct Violation Complaint.
  • Client: a User who uses Life Coach Services through LiftTalk.
  • Coach Profile:A Life Coach's personal profile page on LiftTalk App or Site that contains detailed information regarding the Life Coach.
  • Session Fees: the amount owed and payable by a Client in exchange for the Life Coaching Service time with a Life Coach, which is provided in US dollars and in a price-per-minute format.
  • Code of Conduct Violation Complaint:a complaint submitted to LiftTalk by a User concerning other User(s)' potential violation of the Code of Conduct.
  • Code of Conduct: the conduct guidelines all Users need to follow as specified in the Terms of Use.
  • Interactive Services:message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that are provided through LiftTalk's Site or App.
  • Life Coach or Coach:a user who registers as a specialist in helping people overcome life's challenges by providing information and advice.
  • Life Coaching Service:the service provided by a Life Coach or Coach to help people overcome life's challenges by providing information and advice.
  • LiftTalk Account: an account that a user registered with LiftTalk through App or Site.
  • LiftTalk Service Fees: a service fee payable to LiftTalk for each Life Coaching Service transaction.
  • LiftTalk, We, or Company: LiftTalk Inc., an American company that operates the LiftTalk platform. LiftTalk Inc. authorizes TrueWave Global Inc. (formerly LiftTalk Network Technology Ltd.), a Canadian company, to develop, maintain, and operate the software and platform on its behalf.
  • Mobile Device: a mobile device owned or otherwise controlled by a User.
  • Respondent: the User who is complained by another User in a Code of Conduct Violation Complaint.
  • Third-Party Transaction Fee: transaction fees charged by LiftTalk to cover the fees and costs charged by third-party payment processors or financial institutions.
  • User Contributions and Activities: Users use Interactive Services to post, submit, publish, display, or transmit to other Users or other persons content or materials.
  • User: a user who registers an account with LiftTalk.
  • Wallet:a feature in the LiftTalk App recording and showing the balance in dollars under a User's account that can be used to pay Coach’s Session Fees or disposed of otherwise according to other agreements between the User and LiftTalk.

4. Service Nature, Emergency Situation

We provide an all-in-one platform through our App that allows Users to connect in real-time with coaches or register as coaches who specialize in helping people overcome life's challenges by providing information and advice (“Life Coach” or “Coach,” the service is referred to as “Life Coaching Service”).

By requesting and confirming a Life Coaching Service with a Life Coach through LiftTalk, a contract is formed directly between you and the Life Coach. In addition to these Terms, a User will be subject to and responsible for complying with all terms specified in the booked Life Coach's profile, including, without limitation, prices, rules, standards, policies, or other requirements identified in the Coach's profile. It is the User's responsibility to read and understand these rules, standards, policies, and requirements before confirming a coaching session.

While we may attempt to verify information periodically at our discretion, it is important to note that we do not claim to verify or guarantee the accuracy of any users’, including Life Coaches’, skills, degrees, qualifications, licensure, certification, credentials, competence, or background.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT OFFER MEDICAL CARE, MENTAL HEALTH SERVICES, COUNSELOR SERVICES, OR ANY OTHER PROFESSIONAL SERVICES. You acknowledge and agree that the Life Coaching Service is not intended to fully replace an in-person examination or session with a licensed, qualified professional. We strongly recommend you consider seeking guidance through an in-person appointment with a qualified professional. It is crucial not to disregard, avoid, or postpone obtaining medical advice from a qualified healthcare provider or counselor through face-to-face consultation due to your use of our Site and App. Our Site and App are not designed for diagnostic purposes, including information on suitable drugs or treatments for you. Disregard any such advice if delivered through our Web or App.

IF YOU ARE CONTEMPLATING SUICIDE, CONSIDERING ACTIONS THAT MAY HARM YOURSELF OR OTHERS, FEEL YOU OR SOMEONE ELSE MAY BE IN DANGER, OR HAVE A MEDICAL EMERGENCY, PROMPTLY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THAT OUR SITE AND APP ARE NOT INTENDED FOR USE IN ANY OF THE AFOREMENTIONED CASES. YOU MUST NOT USE OUR SITE AND APP IN ANY OF THE AFOREMENTIONED CASES.

5. Accessing the Site and App and Account Security

We reserve the right to withdraw or amend our Site and App and any service or material we provide on the Web and App in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site and App is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts or the entire Site or App. You are responsible for both:

  • Making all arrangements necessary for you to have access to our Site or App.
  • Ensuring that all persons who access the Site and App through your internet connection are aware of these Terms of Use and comply with them.

To access the Site and App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and App that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Site and App or otherwise, including, but not limited to, through the use of any interactive features on the Site and App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must register to create an account (“LiftTalk Account”) and become our User in order to use certain features of the Site or App, as well as to become a Life Coach with us. You can register directly through the Site or App. We may also allow you to sign up for and access the LiftTalk Services through third-party services. The privacy policy for that third-party service governs the collection, use, and sharing of your information. Our Privacy Policy contains further information about how LiftTalk collects, uses, and discloses your personal information when you link your LiftTalk account to a third-party service.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site, App, or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or other applicable agreements between you and us.

6. Intellectual Property Rights

The Site and App and their entire features, functionality, and original content (including but not limited to all original information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, excluding content provided by you or other users) are owned by LiftTalk Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. TrueWave Global Inc., as the authorized developer and operator of the platform, retains no ownership rights over the intellectual property of the Site or App.

Company grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Site and App for your use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these terms and other incorporated policies. Except as may be expressly permitted by applicable law or expressly authorized by the Company, you shall not:

  • Copy the Site or App, except as expressly permitted by these terms;
  • Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site or App;
  • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or any part thereof;
  • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or App, including any copy thereof;
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site or App, or any features or functionality of the Site or App, to any third party for any reason;
  • Use any robot, spider, or other automatic device, process, or means to access the Site or App for any purpose, including monitoring or copying any of the material on the Site or App;
  • Use any manual process to monitor or copy any of the material on the Site or App, or for any other purpose not expressly authorized by the Company or without Company's prior written consent;
  • Frame, mirror, or otherwise incorporate the Site, App or any portion of the Site or App as part of any other mobile application, website, or service;
  • Use the Site or App in any manner that could disable, overburden, damage, or impair the Site or App or interfere with any other party's use of the Site or App; or
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site or App.

6.1. Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LiftTalk Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6.2. Copyright

We respect the intellectual property rights of others. If you believe that any material within the Site and App infringes upon your copyright, please send a notice in compliance with the United States Digital Millennium Copyright Act (“DMCA”) to our designated copyright staff at operations@lifttalk.com. The copyright infringement notice should include:

  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing.
  • Sufficient contact information, including your name, address, telephone number, and email address.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Upon receiving the copyright infringement notice, we will evaluate and will take appropriate action. We may also request additional supporting document if needed.

If your content or material was removed as the result of a copyright infringement notice, and you believe that your material was removed or disabled by mistake or misidentification, you may send a counter-notice to our designated copyright staff at operations@lifttalk.com. The counter-notice should include:

  • Identification of the material that has been removed or to which access has been disabled.
  • A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in the relevant jurisdiction and a statement that you will accept service of process from the person who provided the copyright infringement notice or an agent of such person.

7. User Contributions and Activities

The Site and App contain or may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions and Activities”) on or through the Site or App.

All User Contributions and Activities must comply with the Code of Conduct and these Terms of Use. You represent and warrant that:

  • All of your User Contributions and Activities do and will comply with these Terms of Use.
  • You understand and acknowledge that each User is responsible for their User Contributions and Activities, and users, not the Company, have full responsibility for such content and activities, including their legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for any users' User Contributions and Activities.

8. Public User Contributions License

By posting any User Contribution on the Site or App that is publicly viewable to any Users, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contribution (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Contribution. You also hereby grant each user of the Site or App a non-exclusive license to access your User Contributions through the Site or App.

By posting a User Contribution that is publicly viewable to any Users, you represent and warrant that you own or control all rights in and to the User Contribution and have the right to grant the license granted above to us and other Users specified herein.

9. Monitoring and Enforcement; Complaint Procedure; Termination

We offer Users the right to use our App that enables Users to connect with Life Coaches in real-time or become a Life Coach through the App. While we work hard to ensure our Users have great experiences using LiftTalk, we do not and cannot control the conduct of any Users.

You acknowledge that LiftTalk has the right, but does not have any obligation, to monitor the use of LiftTalk and verify information provided by our Users. We reserve the right, but are not obligated, to:

  • Remove or refuse User Contributions and Activities for any or no reason in our sole discretion.
  • Take any action with respect to any User Contributions and Activities and Users’ account that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions and Activities or the User violates the Terms of Use, including the Code of Conduct, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site, the App, or the public, or could create liability for the Company.
  • Disclose your identity or other information about a User to any third party when required by law or courts' order.
  • Take appropriate legal action, including but without limitation, referral to law enforcement, for any illegal or unauthorized use of the App or Site.
  • Terminate your LiftTalk account or suspend your access to all or part of the Site and App for any or no reason, including but without limitation, any violation of these Terms of Use.

If your LiftTalk account is terminated or your access to the Site or App is suspended for any reason or no reason, we will promptly pay you any money that we reasonably think we owe you and are legally obligated to pay you upon termination. Similarly, in such situations, you shall remain liable for all monies payable to us or other Users hereunder. You may also voluntarily terminate your LiftTalk account.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App or Site.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We DO NOT undertake to review material before it is posted or transmitted through the App. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

If you believe that a User, including a Life Coach on LiftTalk, poses an imminent risk of harm to a person or property, you should act according to your local law or professional regulations, such as contacting local authorities. In addition, if you believe that a User has violated our Code of Conduct, you may report your concerns to LiftTalk. If you reported an issue to local authorities, we may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

With that being said, to help establish and facilitate a healthy and friendly platform, under the conditions herein, including the disclaimer of the liability, we provide the following procedure for Users to file a complaint against other Users when a User reasonably believes that other Users violate our Code of Conduct provided herein (“Code of Conduct Violation Complaint”):

  • We encourage you to first utilize available App function to stop receiving unwanted/unwelcomed communications;
  • Direct message LiftTalk using the “Report” function or use the “Contact Us” function in your profile page to send us a report with a detailed and concise description of the incident giving rise to your complaint.
  • Draft a complaint to our designated email address at support@lifttalk.com containing the following information:
    • Your user ID, name, address, telephone number, and email address that is linked to your LiftTalk account (the “Claimant”).
    • The users ID that you are filing the complaint against (the “Respondent”).
    • The relevant time period.
    • The detailed and concise description of the incident giving rise to your complaint.

Upon receipt of a Code of Conduct Violation Complaint, we will assess the situation, and if necessary, request additional information from both the Claimant and Respondent. Company will then take action or inaction that is deemed appropriate under the Company's sole discretion. Such evaluation and decision are under Company's sole discretion. It is important to note that the Company does not provide any guarantee or warranty concerning our decisions on Code of Conduct Violation Complaints.

Should either party disagree with the Company's decisions regarding a Code of Conduct Violation Complaint, the concerned party has the option to pursue dispute resolution directly with the other party outside of our App or Site through formal legal proceedings in the relevant jurisdiction and forum. The Company will adhere to any court order or a similar legal directive if one is issued.

10. Code of Conduct

The Code of Conduct applies to any and all users and User Contributions and Activities. User Contributions and Activities must in their entirety comply with all applicable federal, state, local, and international laws and regulations. As our Site and App user, you agree, without limiting the foregoing, that Users must not:

  • Use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl,” or “spider” any pages or other services contained in the App.
  • Contribute or transit contents containing any material or language that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote pornographic material or language, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Engage or promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  • Solicitate or give tax advice, securities valuation, or the suitability of investing in, purchasing, or selling securities or other negotiable instruments.
  • Diagnose illnesses, advice on medical treatments, or prescribe medications.
  • Interfere with or damage our Site App, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.

Life Coaches must comply with additional terms and code of conduct set forth in Coach Terms.

11. Changes to the Site and the App

We may update the original content, excluding Users Contributions and Activities, on this Site and App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site and App may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You

All information we collect through this Site and App is subject to our Privacy Policy. By using the Site and App and registering an account with us, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Links

You may link to our Site or App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

If the Site or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or applications.

14. Rating System

Ratings help build trust between users in the LiftTalk community. Clients will be asked to rate a Life Coaching Service session right after the session is completed. If a rating is not provided within 3 days, the system will automatically and anonymously rate the session 5 stars. If the Client contacts LiftTalk with an issue regarding the session during the 3-day period, the automatic rating will be put on hold until we resolve it. LiftTalk allows Clients to update their reviews for up to 7 days after they are submitted, and we do not remove or change reviews unless there are exceptional circumstances, which is determined under our sole discretion.

15. Fees and Refund

15.1. Session Fees

You are solely responsible for starting any service through the App, not LiftTalk. These Terms of Use, as well as any other terms, conditions, rules, or restrictions associated with relevant services as set forth in the Life Coach's personal profile page, may apply if you choose to request Life Coaching Services from a particular Life Coach. Please note that all Session Fees are set by Life Coaches, not by us. You understand and agree that you, not LiftTalk, will be responsible for carrying out the terms of any such agreements, and that LiftTalk is not a party to any such agreements and disclaims all liability arising from or linked to them.

You agree to pay all Coach's Session Fees to LiftTalk for any services or service package you choose to purchase. You acknowledge and agree that, in order to initiate a service, LiftTalk reserves the right, in its sole discretion, to acquire a pre-authorization (the preauthorization is managed by a third-party platform) of your credit card or charge your credit card a nominal sum, not to exceed one United States dollar (US$1), to validate your credit card. LiftTalk will handle and collect the Session Fees due in accordance with these Conditions and the terms of the Coach Profile page at the conclusion of each Service.

Please be aware that LiftTalk has no control over any fees imposed by a User's bank or financial institution in connection with LiftTalk's collection of Session Fees, and LiftTalk disclaims all obligations in this regard.

You will be asked to supply standard payment information—such as your name, billing address, and credit card details—to our third-party payment processor in connection with your payment. You agree to pay LiftTalk in accordance with these Terms for any services on the App using one of the payment methods mentioned on the Site and/or App. You hereby authorize LiftTalk to charge the card provided as part of the service request, either directly or indirectly, via a third-party online payment processor or any other accepted payment method.

15.2. Third-Party Transaction Fee

The Third-Party Transaction Fee is an expense added to each in-app transaction that is used to cover the fees and costs charged by third-party financial institutions or payment processors. Funds added to your wallet are exempt from the Third-Party Transaction Fee. The Third-Party Transaction Fee is subject to change from time to time and will be reflected on your checkout page or refund confirmation.

You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial institution such as your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. If you are directed on LiftTalk to a third-party payment processor, you may be subject to the third-party terms and conditions, as well as the third-party personal information-gathering practices. Before using the services, please read the third-party payment processors' terms and conditions and privacy policy.

You will receive an email, text message, or message via the Application describing your confirmed Service after your transaction is complete. For Coaches, please find the details regarding your fees and payout in the Coach Terms of Service.

15.3. Refund

Under any circumstances, refunds that are applied to a User's in-app Wallet are exempted from Third Party Transaction Fee deduction, and refunds applied to a User's original payment method are subject to the Third Party Transaction Fee deduction.

Before a session is commenced:As a Client, you have the option to cancel a session and get a full refund if you have not commenced the Session with a Life Coach. If a session is scheduled but the Client fails to show up for the confirmed session, the Client can only request up to 50% of the Coach’s Session Fees that were paid.

After a session is commenced:For a session that has commenced but not been completed, the session fee is charged by minutes according to the rate set in the Life Coach's Profile. Upon your request to refund any unused Coach's Session Fees, such unused Coach's Session Fees will be applied to your in-app Wallet for future use within the LiftTalk Site or App and are not refundable to the original payment method. Refunds voluntarily provided by Coaches to you will also be applied to your in-app Wallet. Credits added to a User's wallet do not expire and are non-refundable to the original payment method.

For the used or completed session time, you must request a refund of the Coach's Session Fees by submitting a dispute to the Life Coach in the App, and the Life Coach may accept or reject your request. If the Life Coach declines such a request, both you and the Life Coach agree to submit the dispute to LiftTalk for investigation and determination under LiftTalk's sole discretion. LiftTalk's dispute review process may take up to 7-14 business days.

You further acknowledge that you will not dispute or attempt to circumvent any charges or fees by initiating a chargeback through your bank, credit card provider, or third-party payment processor, except as otherwise permitted by law. If you have questions or concerns regarding a payment, you agree to contact LiftTalk directly for resolution before seeking a chargeback. If you believe you were incorrectly charged for a canceled service and need a refund, please contact us at support@lifttalk.com.

16. Further Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Site, or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE OR APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP IS AT YOUR OWN RISK. THE SITE, APP, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR APP.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, APP, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP WILL BE ACCURATE, RELIABLE, APPROPRIATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APP, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR OR OTHER USERS’ USE, OR INABILITY TO USE, THE SITE, THE APP, ANY WEBSITES OR APPLICATIONS LINKED TO THEM, ANY CONTENT ON THE SITE, THE APP, OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or App, including, but not limited to, your User Contributions and Activities, any use of the Site or App's content, services, and products, or your use of any information and advice obtained through the Site or the App.

19. Governing Law, Arbitration, Class Action Waiver

All matters relating to the Site or App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (“Dispute”), shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule (whether of Delaware or any other jurisdiction).

The exclusive means to resolve any Dispute between you and LiftTalk is through confidential, binding arbitration before a single arbitrator chosen by you and LiftTalk. You will notify us in writing by email with your Dispute. We both agree that if we do not agree on an arbitrator within 15 days of receiving the notice, the American Arbitration Association (AAA) will appoint one for us.

The arbitration will be held in Delaware, United States, under the Federal Arbitration Act, and will follow the AAA's Commercial Arbitration Rules. The arbitrator will have the last say on how the costs are split between us. The arbitrator will have the right to accept whatever evidence they deem appropriate and to make whatever award they deem fair and equitable, based on legal and equitable principles, including issuing an injunction (to prevent one of us from doing something) or ordering one of us to pay damages to the other. If the court in the enforcing jurisdiction allows, the arbitrator's award can be recorded into the register of the Delaware courts and enforced in the same way as a court order.

NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY DISPUTE. WITH RESPECT TO ANY SUCH CLAIM, YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

20. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

The Terms of Use, our Privacy Policy, Coach Terms of Service, and other relevant policies specifically referred and incorporated herein constitute the sole and entire agreement between you and LiftTalk regarding the Site and App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and App.

22. Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright section in the manner and by the means set out herein. All other feedback, comments, requests for technical support, and other communications relating to the Site and App should be directed to: support@lifttalk.com.

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