Terms of Service

These terms govern your use of the LiftAndSend website at liftandsend.com (the "Site"). LiftAndSend ("we", "us", "our") is a sole proprietorship operated by Matthew Levene in Boulder, Colorado. By using the Site, you agree to these terms. If you do not agree, please do not use the Site.

About this Site

The Site is a marketing and lead generation site for our agency services. Browsing the Site, reading our pages, or submitting a contact form does not create a client relationship and does not entitle you to any services.

Any actual engagement with LiftAndSend is governed by a separate written proposal or statement of work ("SOW") that we sign with you. If there is ever a conflict between these terms and a signed SOW, the SOW controls for that engagement.

We may modify, suspend, or discontinue the Site or any part of it at any time, with or without notice. We are not liable to you or any third party for any such change.

Acceptable use

You agree not to:

• Scrape, crawl, or otherwise harvest content from the Site in bulk.
• Submit false, misleading, or automated entries through the contact form.
• Attempt to reverse engineer, probe, or interfere with the Site's infrastructure.
• Use the Site in any way that violates applicable law or the rights of others.

Intellectual property

The LiftAndSend name, logo, wordmark, site design, copy, images, and other materials are owned by LiftAndSend and protected by copyright and trademark law. You may not copy, reproduce, or create derivative works from them without our written permission.

If you hire us, ownership and license terms for deliverables we create for you will be set out in the SOW.

Payments, refunds, and chargebacks

Setup fees

Setup fees are non-refundable once work has begun. Work is considered begun at the earliest of: the kickoff call, the start of an audit, or any deliverable that has been started on your behalf.

Monthly retainers

Monthly retainers are billed in advance on the same day of each month and are non-refundable for the current billing period. Services continue through the period you have paid for.

Cancellation

Cancellation requires 30 days written notice to . Services continue through the notice period, and the final month is billed in full.

Disputed charges

If you have concerns about a charge, please contact us at before initiating a chargeback so we can work to resolve it. You retain all legal rights to dispute charges with your card issuer.

If a chargeback is filed without prior contact, LiftAndSend may submit evidence of services delivered, these terms, and the applicable SOW to the card issuer; suspend or terminate ongoing services; and recover associated fees and costs for disputes ultimately resolved in our favor.

Third-party costs

You are responsible for third-party costs such as paid ad spend, domain registration, and software subscriptions, unless a given cost is explicitly included in the SOW.

No guaranteed results

Results from marketing services are not guaranteed. Rankings, call volume, conversion rates, and revenue depend on factors outside our control, including market conditions, your team's responsiveness to leads, competitor activity, and search engine algorithm changes.

Disclaimer of warranties

The Site and our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation.

Limitation of liability

To the fullest extent permitted by law, LiftAndSend and Matthew Levene will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Site or our services.

Our total aggregate liability for any claim related to the Site or a given engagement will not exceed the greater of (a) the amount you paid us in the three months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars.

Indemnification

You agree to defend and indemnify LiftAndSend from any claims, damages, and reasonable costs arising from your misuse of the Site, your violation of these terms, or your violation of any law or the rights of a third party.

Governing law

These terms are governed by the laws of the State of Colorado, without regard to its conflict of laws principles.

Dispute resolution

Before starting a formal proceeding, both sides agree to try to resolve any dispute informally by emailing with a clear description of the dispute and a proposed resolution. We will work in good faith for at least 30 days to resolve the matter.

If the dispute is not resolved in that window, the parties agree to binding arbitration administered in Boulder, Colorado under the rules of a recognized arbitration body (such as the American Arbitration Association), with judgment on the award entered in any court with jurisdiction. Each party bears its own costs unless the arbitrator rules otherwise.

Each party agrees that disputes will be resolved only on an individual basis and not as part of a class, consolidated, or representative action.

Notwithstanding the above, either party may bring a claim in small claims court if the dispute qualifies to be heard there.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full effect.

Entire agreement

These terms, together with any signed SOW and our Privacy Policy, constitute the entire agreement between you and LiftAndSend regarding the Site and supersede any prior understandings on the same subject.

Changes to these terms

We may update these terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of the Site after an update means you accept the revised terms.

Contact

Questions about these terms? Email .