Posted and effective as of December 2, 2017
1. Accepting These Terms
The Terms are a legally binding contract between you and RedCart Solutions, LLC. (“Lift Bridge Furniture”) but we’ll just refer to RedCart Solutions, LLC. as “Lift Bridge Furniture”.
Please note that Section 11. Disputes with Lift Bridge Furniture, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use liftbridgefurniture.com and other services provided by Lift Bridge Furniture (we’ll refer to liftbridgefurniture.com and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Those Other Documents We Mentioned
Lift Bridge Furniture’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
3. Your Privacy
Both Lift Bridge Furniture and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Lift Bridge Furniture, will be responsible for that unauthorized disclosure.
If, however, Lift Bridge Furniture and sellers are found to be joint data controllers of buyers’ personal information, and if Lift Bridge Furniture is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Lift Bridge Furniture for the expenses it occurs in connection with your processing of buyer personal information. See Section 10. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Lift Bridge Furniture.
4. Your Account with liftbridgefurniture.com
You’ll need to create an account with Lift Bridge Furniture to use some of our Services. Here are a few rules about accounts with Lift Bridge Furniture:
A. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use Lift Bridge Furniture or the Services.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Lift Bridge Furniture.
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Lift Bridge Furniture a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Lift Bridge Furniture function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C. Rights You Grant Lift Bridge Furniture. (Here’s the legalese version of the last section). By posting Your Content, you grant Lift Bridge Furniture a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Lift Bridge Furniture, your Lift Bridge Furniture shop, or the Services in general, in any formats and through any channels, including across any Lift Bridge Furniture Services or third-party website or advertising medium.
That sounds like a lot, but it’s necessary for us to keep Lift Bridge Furniture going. Consider these examples: if you upload a photo of a listing on your Lift Bridge Furniture shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our web site or mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade standing desk, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Lift Bridge Furniture’s.
D. Reporting Unauthorized Content. Lift Bridge Furniture has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Lift Bridge Furniture’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Intellectual Property Rights
All intellectual property rights in our Services, including the domain name liftbridgefurniture.com and the material published on it, such as text and images are protected by copyright laws and treaties and any other law protecting intellectual property rights and all similar or equivalent rights or forms of protection around the world. All such rights are reserved and you may only use the content of our Services according to these Terms.
We provide a platform where you can access a global network of makers and furniture design works (“Design Documents” or “Plans“) made by a range of international designers.
Design Documents (“Plans”)
When shopping in the Lift Bridge Furniture marketplace, you will be able to select and purchase Design Documents for the purpose of building your own furniture for personal use, or use the document(s) in accordance with the terms of the license under which it is made available to you.
Some Design Documents will be made available for download free of cost and some are made available for a fee. In both cases, if you decide to download any Design Document, these Terms will apply to you.
Each Design Document displayed on our Services is made available to you under the terms of a license (the “License”), specified in the product description of the webpage where you purchased or downloaded the Design Document.
You shall not use the Design Document in any way not allowed by the License. Any use (including modifying, create derivative works from, or commercialize) of the Design Document which is not in accordance with the relevant License is a breach of the author’s intellectual property rights. You must become a seller on Lift Bridge Furniture to use the Content of our Design Documents for commercial purposes. The terms of becoming a seller on Lift Bridge Furniture are outlined in our Maker Policy.
Other content on our Website
With the exclusion of the Design Documents, the content of our website and Services such as text, software, logo, graphic, sound or image (“Content”) is made available to you subject to these Terms.
You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or commercialize any Content obtained from our Website unless and to the extent that these Terms allows you to do so.
You may print off one copy, and may download extracts, of any page(s) from our Services for your personal use and you may draw the attention of others within your organization to Content posted on our Services.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our Services must always be acknowledged.
You must not use any Content on our Services for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any Content in breach of these Terms, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Lift Bridge Furniture, another Lift Bridge Furniture user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Lift Bridge Furniture. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payouts Policy.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The names “Lift Bridge Furniture” and the other Lift Bridge Furniture marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Lift Bridge Furniture in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Lift Bridge Furniture (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. Lift Bridge Furniture will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. We’d hate to see you go, but you may terminate your account with Lift Bridge Furniture at any time. If you wish to have your account deleted entirely, including all of your account data, you may send a request to delete your account data by visiting our Contact Form and our support team will terminate and remove your account from our systems. Oh, and you’ll still have to pay any outstanding bills.
Termination By Lift Bridge Furniture. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Lift Bridge Furniture may refuse service to anyone, at any time, for any reason.
If you or Lift Bridge Furniture terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Lift Bridge Furniture reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
9. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Lift Bridge Furniture does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Lift Bridge Furniture cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Lift Bridge Furniture from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Lift Bridge Furniture is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift Cards and Promotions. You acknowledge that Lift Bridge Furniture does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Lift Bridge Furniture is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that:
- the Services will be secure or available at any particular time or location;
- any defects or errors will be corrected;
- the Services will be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations.
You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Although we make reasonable efforts to update the information on our Services and to check the professional references of the designers listed in our marketplace, we make no representations, warranties or guarantees, whether express or implied, that the Design Documents or the Content or any other information contained in our Services is accurate, complete, up-to-date, suitable or technically correct. All such information is provided “as is” without warranty of any kind. In no event we shall be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage arising under or in connection with the use or performance of the Design Documents or the Content or any other information available on our Website.
The Design Documents, Content or other information published on the Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or the designers listed in our marketplace may make improvements and/or changes on the Design Document and the Content at any time.
Liability Limits. To the fullest extent permitted by law, neither Lift Bridge Furniture, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Lift Bridge Furniture’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Lift Bridge Furniture in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of, inability to use or reliance on any Design Document or Content made available on our Website.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
10. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Lift Bridge Furniture gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Lift Bridge Furniture (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. Disputes with Other Users
If you find yourself in a dispute with another user of Lift Bridge Furniture’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may ask Lift Bridge Furniture for help resolving the dispute. Lift Bridge Furniture will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Lift Bridge Furniture has no obligation to resolve any disputes.
Release of Lift Bridge Furniture. You release Lift Bridge Furniture from any claims, demands, and damages arising out of disputes with other users or parties.
12. Disputes with Lift Bridge Furniture
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Minnesota, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Lift Bridge Furniture agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Lift Bridge Furniture are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Lift Bridge Furniture will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. We’re based in Stillwater, Minnesota, so any legal action against Lift Bridge Furniture related to our Services must be filed and take place in St. Paul, Minnesota. That means the seat of any arbitration shall be St. Paul, Minnesota.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Minnesota.
F. Modifications. If we make any changes to this “Disputes with Lift Bridge Furniture” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Lift Bridge Furniture prior to the date the changes became effective. Lift Bridge Furniture will notify you of substantive changes to the “Disputes with Lift Bridge Furniture” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Lift Bridge Furniture a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Lift Bridge Furniture in accordance with the provisions of this “Disputes with Lift Bridge Furniture” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
13. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
14. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Lift Bridge Furniture regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
15. Contact Information
If you have any questions about the Terms, please use our Contact Form.