Last Updated: March 14th, 2022
These Shopper Terms and Conditions (these “Shopper Terms”) govern the contractual relationship between between Realift LLC (“Realift,” “we,” “us” or “our”) and the person agreeing to these Shopper Terms (“Shopper” or “you”) when you use our services and features through our website and applications (the “Services”).BY CLICKING ACCEPT OR BY ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO THESE SHOPPER TERMS. YOU UNDERSTAND AND AGREE THAT WE WILL TREAT YOUR ACCESS OR USE OF THE SERVICES AS ACCEPTANCE OF THESE SHOPPER TERMS FROM THAT POINT ONWARDS. IF YOU DO NOT AGREE WITH THESE SHOPPER TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE SHOPPER TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND REALIFT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND REALIFT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Changes to these Shopper Terms. We may unilaterally amend any part of these Shopper Terms at any time by posting amended terms on our website, and you acknowledge that EACH TIME YOU USE ANY OF THE SERVICES, YOU AGREE TO THE CURRENT VERSION OF THESE SHOPPER TERMS. However, unless you agree to changes to this Agreement by using any of the Services, amendments we make to this Agreement will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the “Last updated” date below.
2. Eligibility.(a) In order to use the Services, you must:(i) be at least eighteen (18) years old and able to enter into contracts, or, if you are not, that you are thirteen (13) years or older and have obtained parental or guardian consent to enter into these Shopper Terms;(ii) agree to these Shopper Terms and the other terms and conditions linked in these Shopper Terms that form part of the Agreement;(iii) provide pictographic or video imagery intended to capture the Shopper’s body measurements for predictive body measurement analytics;(iv) not be based in Cuba, Iran, North Korea, Syria, or any other territory that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and (vi) not be listed on any U.S. government list of prohibited or restricted persons.(b) By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.(c) Realift may refuse service and change eligibility requirements at any time.
3. Services. 3.1 Services. Realift provides virtual fitting rooms for businesses that have entered into an agreement with Realift to use the Services (“Merchants”) that allows Shoppers to learn their measurements, visualize the apparel on them, and confidently purchase products matching the exact look and fit they are seeking using augmented reality.
3.2 Your Relationship with Merchants. (a) Realift is not in any way responsible for the goods or services you order or purchase from Merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Realift does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Services. Use of any such linked website is at the Shopper's own risk. Realift will have no responsibility or liability for any content appearing on any Merchant website. Realift does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Services. You must contact the Merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the Merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the Merchant in connection with your order or purchase. (b) All Merchants are independent third parties who utilize the Services to offer their respective merchandise via Merchant’s site(s) and/or native applications. We do not employ, train, manage, or exercise any control over individual Merchant or the manner in which they conduct their own respective businesses. ACCORDINGLY, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF ANY MERCHANT. YOU ACKNOWLEDGE AND AGREE THAT MERCHANTS ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR (A) THE PROVISION OF MERCHANDISE, INCLUDING ALL ASPECTS OF QUALITY AND TIMELY DELIVERY THEREOF AND (B) THEIR OWN ACTS AND OMISSIONS AND THOSE OF ANY PERSONNEL THAT THEY EMPLOY IN THE PROVISION OF SERVICES.
4. Intellectual Property Ownership.
4.1 Rights We Grant You. (a) The Services contain material that is derived in whole or in part from material owned by Realift as well as third parties. We expressly and exclusively reserve for ourself (and our licensors) any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Services. The look and feel of the Services, including but not limited to any custom graphics, button icons, and scripts are also our property, and you may not copy, imitate, or use them, in whole or in part, without our prior written consent. Nothing herein shall be deemed to grant any rights or licenses to our Intellectual Property Rights to you, except as is expressly required for you to use the Services (but not apart from your use thereof). (b) You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included on our website or as part of the Services are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other trademarks, names, or logos referenced on the website or the Services as “Third-Party Trademarks” are the property of their respective owners, and the use of such Third-Party Trademarks inure to the benefit of their respective owners. (c) You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Realift or our Services (collectively, “Feedback”). By submitting Feedback to us, you hereby grant us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into our products or services, create derivative works from, or otherwise exploit any such Feedback without any compensation to you.
4.2 Rights You Grant Us. Parts of the Services may allow you to post, submit, email, message, upload, or otherwise make available any messages, text, images, or other materials on or through the Services (“User Content”). When you do that, you retain whatever ownership rights in that User Content you had to begin with. For all User Content, you grant us a worldwide, royalty-free, sublicensable, and transferable license to (a) to use, reproduce, modify, adapt, and publish that User Content for the purpose of providing the Services; and (b) to create aggregations and summaries of the User Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third-party in support of our business (both during the period that these Shopper Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify the you or your User Content. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services. We do not need any further approval for our use of your User Content.
7. Copyright Policy.
7.1 Copyright Complaints. (a) If you believe that your work has been reproduced in the Services in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification to our copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will process, investigate, and respond expeditiously to notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement
(b) If you file a notice with our Copyright Agent, the notice should be filed with our Copyright Agent:
Attn: Copyright Agent
1475 Harts Mill Rd Atlanta, GA 30319
(c) A notice claiming copyright infringement must comply with the requirements set forth at 17 U.S.C. § 512(c)(3) (or any successor statute thereto). That means that such notice must:(i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;(ii) identify the copyrighted work claimed to have been infringed;(iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;(iv) provide your contact information, including your name, address, telephone number, and an email address;(v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7.2 Counter-Notice. (a) If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to our Copyright Agent:(i) your physical or electronic signature;(ii) identification of the content that has been removed, or to which access has been disabled, and the location at which the content appeared before it was removed or disabled;(iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and(iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in Atlanta, Georgia and a statement that you will accept service of process from the person who provided notification of the alleged infringement. (b) If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
7.3 Acknowledgement. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
7.4 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7.5 Other Intellectual Property Claims. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark) by noting this in your written notice.
8. Security. While we work to protect the security of your Account, we cannot guarantee that unauthorized third parties will be able to defeat the security measures of the Services. Therefore, you expressly agree to use best efforts and practices to keep your Account and password secure. You agree to notify us immediately of any compromise or unauthorized use of your Account.
10. No Warranties. THE SERVICES ARE PROVIDED “AS IS” AND REALIFT AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE REALIFT SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REALIFT DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Realift does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Realift Services. Use of the Realift Services may be interrupted due to events outside Realift’s reasonable control. Realift does not approve or control any third-party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you
.11. Indemnification. Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Realift Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third-party due to or arising out of (a) your access to or use of the Services, or any products or services provided by a third-party in connection with the Services, even if recommended, made available, or approved by the Realift Entities; (b) your User Content, including infringement claims related to your User Content; (c) your breach of these Shopper Terms or any applicable law or regulation; or (d) your negligence or willful misconduct. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REALIFT ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE $100 USD.
13. Arbitration, Class-Action Waiver, and Jury Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between us, including, but not limited to, claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Shopper Terms became applicable or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the expiration or other termination of these Shopper Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. By agreeing to these Shopper Terms, you agree to resolve any and all disputes with us as follows:13.1 Initial Dispute Resolution. Most disputes can be resolved without resort to litigation. You can reach to us at email@example.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
13.3 Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.4 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in State or federal court or in the U.S. Patent and Trademark Office to protect our Intellectual Property Rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
13.5 30-Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt-out to firstname.lastname@example.org with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT”. The notice must be sent within thirty (30) days your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
13.6 Arbitration Agreement Survival. This arbitration agreement shall survive the termination of your relationship with us.14. Contact Us. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: email@example.com.
15.1 Governing Law. The interpretation and enforcement of these Shopper Terms, and any dispute related to these Shopper Terms or the Services, shall be governed by and construed and enforced in accordance with the laws of State of Georgia, without regard to conflict of law rules or principles (whether of Georgia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Shopper Terms, the federal and state courts located in Atlanta, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.
15.2 No Conflicts. These Shopper Terms shall govern and any conflicting, inconsistent, or additional terms contained in such documents shall be null and void.
15.3 Assignment. These Shopper Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate, or otherwise convey these Shopper Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Shopper Terms, we may assign, transfer, and delegate this agreement (these Shopper Terms) and our obligations hereunder at any time, in our sole discretion.
15.4 Severability. If any provision of these Shopper Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Shopper Terms shall be unimpaired and these Shopper Terms shall continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable would substantially impair the benefits of the remaining provisions hereof.
15.5 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Shopper Terms, or to exercise any right, remedy, or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
15.6 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic, pandemic, or other public health emergency; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
15.7 No Third-Party Beneficiaries. These Shopper Terms are personal to you and to us, and no third-party shall be considered a beneficiary hereof, for any purpose.
15.8 No Agency or Employment. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Shopper Terms.
15.9 Equitable Relief. You acknowledge and agree that your breach of these Shopper Terms would cause irreparable harm to us, for which money damages alone may not be adequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agree that we may seek and shall be entitled to injunctive relief hereunder to prevent the actual, threatened, or continued breach of these Shopper Terms.
15.10 Entire Agreement; Order of Precedence. These Shopper Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Shopper Terms and any other agreement you may have with us, these Shopper Terms will control unless the other agreement specifically identifies these Shopper Terms and declares that the other agreement supersedes these Shopper Terms.