Livly, Inc.(“livly”) works with commercial and multi-family real estate owners and operators to provide certain services to property managers and staff and current and prospective tenants and occupants. Unless explicitly stated otherwise, any new feature or service that augments or enhances the current services, shall be subject to these Terms of Service (“Terms”).
Terms of Service
We reserve the right, in our sole discretion,to change these Terms ("Updated Terms") from time to time. We will provide reasonable advance notice before the Updated Terms become effective. If applicable law requires your affirmative consent, we will require such affirmative consent the next time you access the App or via email. Otherwise,you agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify)constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Services. The Updated Terms will be effective upon your affirmative consent (if required by applicable law)or as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
You must be 18 years of age or older and reside in the United States to use the Services. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older, reside in the United States and are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18 or for residents of countries other than the United States. You may access and use the livly Services only in the United States. We may restrict access to livly Services from other locations. Use of the Services is void where prohibited. Except as otherwise expressly provided in these Terms or as set forth in an agreement with livly to which these Terms are attached, the Services are for personal, individual, non-commercial use only and you represent and warrant that you are not using the Services on behalf of any third person or entity.
Privacy and your Personal Information
We do not knowingly collect or solicit personally identifiable information from persons under the age of 18,including children under 13. If you are under the age of 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from an individual under the age of 18, we will delete that information as quickly as possible. If you believe that a person under the age of 18 may have provided us personal information, please contact us at SUPPORT@LIVLY.IO.
As a condition to utilizing the Services, you may be required to register an account with livly. You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify livly in writing of any unauthorized use of your account, or other account-related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to livly, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or livly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, livly has the right to immediately suspend or terminate your account and refuse any and all current or future Services in its sole discretion.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and immediately notify us of the problem by contacting us at SUPPORT@LIVLY.IO.
By creating an account, you agree to receive certain communications in connection with the Services. For example, you might receive comments, notifications, promotions, events and/or features from your property manager or staff and/or livly. When you access and/or use the Services, you are communicating with us electronically,and you consent to receive communications from us electronically. Livly will communicate with you by e-mail, via chat features in the Services, and/or by posting notices on the Services. You acknowledge and agree that all agreements,notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Text Messages. Through the Services, you may choose to opt-in to receive text notifications from livly. By providing your mobile number through the Services, you acknowledge that you consent to receive mobile text alerts from livly. The number of text notifications you receive will be dependent on activity under your account, such as how many packages you may receive and/or alerts you have signed up to receive through the Services. You understand that you do not have to sign up for the text message program that we offer. You further understand that we will send such text messages using automated technology. If you believe the message reached you in error, please contact us at SUPPORT@LIVLY.IO.
Alert Management. You can manage all of your notifications within the Services. You may cancel text messages by changing the settings in the Services and/or by texting STOP to any message you received from us.
Message Charges. Livly is not charging you to receive such text messages. However, standard message and data rates do apply for the text messages sent through your third party service provider/carrier. Please check your ‘SMS’ rate plan that you set up with your third party service provider/carrier.
Livly Service Delivery
In providing the Services you request through an order (“Order”), Services may be fulfilled by service providers (“Service Providers”). Service Providers may be comprised of livly personnel (each a “livly Runner”), property staff such as maintenance engineers,door staff or other personnel of the building, or third parties. Services that utilize livly are only available during the times set forth in the App.
With livly Services, you can have standard to-door delivery to your unit (“Unit”) or you can enable authorized entry and delivery in-home at your Unit at eligible addresses (“Authorized Entry”). If you enable Authorized Entry,you are authorizing the applicable Service Provider(s) to access your Unit as reasonably necessary, for the purposes of providing the Services. With Authorized Entry, you are confirming that you have the right to authorize livly and the applicable Service Provider(s) to access your Unit. In the case of multiple individuals or lessees on a single lease, you acknowledge and agree that consent or permission for the applicable Service Provider(s) to enter the premises from you or another lessee is deemed permission for the applicable Service Provider(s) to enter the premises from all lessees. If at any point you want to opt out of Authorized Entry, you may do so within the Services or through emailing email@example.com.
A detailed listing of the rules and responsibilities governing Authorized Entry are found within the App.All Service Providers are expected to adhere to all of these rules and responsibilities.
Should the size and/or weight of an Order being delivered make it impractical for the Service Provider to deliver the package without entering your Unit or should an Order to be picked up be placed in a manner that makes it impractical for the Service Provider to pick up the package without entering your Unit, the Service Provider may in his/her sole discretion, enter your Unit as reasonably necessary to complete the delivery or pickup.
If the applicable Service Provider(s) is unable for any reason to fulfill an Order via Authorized Entry, you will receive a notification of the attempt and have the ability to reschedule the delivery/pickup.
If the applicable Service Provider(s) feels their safety or the safety of any other person or pet is at risk, the applicable Service Provider(s) may choose to refuse to provide the designated Service. You agree not to hold livly or the applicable Service Provider(s) liable for any pet that escapes your Unit or is otherwise harmed during the delivery/pickup.
Authorized Entry is also extended to third parties who perform any Services for you. Third parties are expected to adhere to all aforementioned rules for Authorized Entry.
For any Services provided by any Service Provider(s), if Authorized Entry is not enabled, either at the time of a request or at the time of appointment, by requesting the Services, you agree that you are enabling Authorized Entry as is reasonably necessary to perform the requested Services. If Authorized Entry is enabled, you agree livly and/or the Service Provider(s) are authorized to be in the Unit as is reasonably necessary to perform the requested Services. A livly Runner may be responsible for providing Unit access to other Service Providers.
Disclaimers. Livly has no responsibility or liability for the following: third party accounts, applications, products or services; applications, products or software designated for use with the Services that livly does not manufacture or develop; any guests or service providers to whom you provide authorization to operate your lock. LIVLY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR DAMAGE TO YOUR ORDERS, YOUR PROPERTY OR YOUR HOME AS A RESULT OF BLOCKED ACCESS, DANGEROUS CONDITIONS, CONCEALED / HIDDEN / OBSCURE OBJECTS /CONDITIONS,OR ANY OTHER CONDITION OR ACTION ON YOUR PART WHICH CAUSES SUCH DAMAGE.
The “Community Feed” is a product owned by livly, that facilitates engagement and communal discussions. A key component of this product is the ability for you and other users to post announcements and list items for sale via the home screen of the Platform (the“User Posts”). Residents will be able to like and comment on each other’s User Posts. Residents will be able to receive notifications about User Posts and posts from the property manager, its staff and/or livly (“Building Posts”). Residents will also be able to hide User Posts as they see fit and report User Posts that violate these Terms or that they deem inappropriate.
Your property manager, its staff and/or livly will have access to the Community Feed and each User Post. Your property manager, its staff and/or livly may post announcements to the Community Feed via the Building Posts. You will receive a notification for Building Posts.Your property manager, its staff and/or livly may also block User Posts that deem violate these Terms or are otherwise inappropriate. A user or multiple users may be restricted from posting further User Posts if their property manager, its staff and/or livly determine that such user(s) have repeatedly or egregiously violated these Terms. Your property manager and its staff will be responsible for monitoring the User Posts. For each User Post, your property manager will receive a notification, which will contain the content of the post for them to review and potentially act on, if necessary. For each User Post that is reported, your property manager will receive a notification, which will contain the posting user, reporting user, and the content of the reported User Post.
By participating in the Community Feed, any User Posts you submit may be shared by your property manager, its staff and/or the livly team for purposes related to, or in furtherance of, the Platform, including, without limitation, to observe engagement metrics.
By uploading your Generated Content, you: (i) grant the right for any user, both member or non-member, to view and interact with (read, respond, cite, share, etc) your posted content and (ii) give livly a perpetual, non-exclusive, non-transferable and royalty-free license to use such Generated Content in furtherance of the Platform.
Only you, as the original author of the content –and no other user– shall ever have the right to sell for any value your Generated Content (except as you expressly agree in writing), except that your property manager, its staff and/or livly may use such Generated Content in furtherance of the Platform.
Disclaimers. Livly has no responsibility or liability for the Community Feed,including, without limitation, in connection with any Generated Content or other content or information provided by third parties or users. LIVLY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR DAMAGE CAUSED BY, OR AS A RESULT OF, THE COMMUNITY FEED.
A list of the Services provided by livly can be found within the App.
With regard to Services provided,livly disclaims any representations or warranties per the section entitled Disclaimer of Representations or Warranties. Further, you acknowledge and agree that livly may use third party service providers to perform any of the Services and that livly has no control (or ability to control) such third party providers or any applications, products or software utilized by such third party service providers. LIVLY HEREBY DISCLAIMS ANY AND ALL LIABILITY AND REPRESENTATIONS AND WARRANTIES RELATING TO SUCH THIRD PARTY SERVICE PROVIDERS AND ANY APPLICATIONS, PRODUCTS, OR SOFTWARE UTILIZED BY SUCH THIRD PARTY SERVICE PROVIDERS.
To the extent you request any pet care Services, livly and its third parties accept no responsibility for security of the Unit or loss if other individuals have access to the Unit during the scheduled Pet Visit or while providing the pet care Services. Livly and its third parties are not to be held liable for the injury, disappearance, death, or fines of any pet(s). You will be responsible for all medical expenses and damages resulting from an injury to the pet, the pet care provider, or other persons by the pet(s). You agree to indemnify and hold harmless livly and its third parties in the event of a claim by any person injured by the pet(s). It is expressly understood that livly and its third parties shall not be held responsible for any damage to property,either yours or others, caused by the pet(s) during the period in which the pets are in the care of livly and/or its third parties. You attest to the fact that all licenses and vaccinations required by the state, city, and/or county in which you reside are current and in compliance with the law.
To the extent you request garment care Services, it is acknowledged that livly does not perform any cleaning or processing of garments. Garment care Services are provided by livly’s third parties. It is expressly understood that livly and its third parties shall not be held responsible for the following: missing garment pieces, extra garment pieces, or damage to clothing. If any of the aforementioned is to arise, which can be the case from time to time, livly’s third parties will be responsible for providing customer support, and livly will provide such third party’s contact information.
To the extent you use the Services to receive, hold and deliver packages that are sent to you, you agree that you are solely responsible for your interactions with couriers and livly will have no liability or responsibility with respect thereto. Livly reserves the right, but has no obligation, to become involved in any way with disputes between you and any courier. You release livly and the Service Providers of any liability for any damage to any packages you receive not directly due to the negligence of livly or any Service Provider(s).
Rent Payment Rules
You may use the Services, with the fees as outlined in the Services, to make a full or partial payment of your rent (“Rent Payment Services”). Through the Rent Payment Services, livly will use a third-party payment processor to process a rent payment via ACH or credit card. Payment of rent through the Rent Payment Services does not eliminate any applicable charges, including late payment charges.
Submission of Maintenance Tickets Rules
You may use the Services, with the fees as outlined in the Services, to submit maintenance tickets for your Unit (“Maintenance Ticket Service”). To use the Maintenance Ticket Service you must describe the maintenance issue, the urgency of the maintenance issue, and any notes for the service technician. Once a maintenance ticket is submitted through the Maintenance Ticket Service, livly will pass on the maintenance ticket to the appropriate property management personnel. livly is not responsible for performing any of the requested maintenance or keeping track of the status of the maintenance request.
Descriptions or images of, or references to,third-party products or services on the Services do not imply livly’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; bar any user from making any or all transaction(s); limit the order quantity on any product or service; and/or refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to livly’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
If livly is unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale,authentication, delivery, payment or remittance process, or any other process,or if we are no longer able to verify or authorize your credit card or bank account information, your account or Services may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using our websites or applications.
Charges and Billing. The Services may require payment of access fees. By registering for an account, you hereby authorize livly to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service registration for your account. You hereby understand and agree that in most cases, livly will be charging your designated credit card in accordance with the payment schedule of the Services which you have ordered or registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify livly of any changes to your credit card or if your credit card has expired; otherwise your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay livly, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. All fees shall be paid in U.S. dollars.
Livly reserves the right to change any fees(which includes but is not limited to, charging a fee for options, upgrade sand/or a Service for which livly does not currently charge a fee) or billing methods at any time. Livly also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for it. You may cancel your account or any associated optional or upgraded services therefore at any time, but livly will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
You agree to pay your account balance on time. You also agree to pay any taxes,including sales or use taxes, resulting from your any Service. Amounts not paid when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if our payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees,including attorneys’ and collection fees, that livly may incur in its efforts to collect any remaining balances due from you. These Terms shall in no way limit any other remedies available to livly. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify livly of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify livly within sixty (60) days, you waive any right to dispute such problems or discrepancies.
Livly and Third-Party Links
Livly has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, livly will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your Use of the Services
Except as otherwise expressly set forth in an agreement with livly to which these Terms are attached, (a) your right to access and use the Services is personal to you and is not transferable by you to any other person or entity, and (b) you are only entitled to access and use our Services for lawful, internal, and non-commercial purposes.
Accurate records enable livly to provide the Services to you. In order for the Services to function effectively,you must also keep your contact information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services to you will be affected.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including,without limitation, the malfunction of equipment, periodic updating,maintenance or repair of the Services or other actions that livly, in its sole discretion, may elect to take.
You agree that livly may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials.You grant livly a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to livly in any way.
You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including livly);
- Violates any law or regulation;
- Is harmful, fraudulent, deceptive, threatening,harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your livly account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password,account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or“spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means);
- Copies or stores any significant portion of the Services;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Livly’s Intellectual Property Rights
The contents of the Service (including the App), including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs)and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services (including the App) belong or are licensed to livly or its software or content suppliers. Livly grants you the right to view and use the Services subject to these Terms. You may download or print a copy of information provided in the Services for your personal, internal and non-commercial use only. You agree to not engage in there production, copying,downloading or distribution of any of the contents of the in any form or by any means, including but not limited to, electronic, mechanical, photocopying,recording, or otherwise, without the prior written permission of livly or the other applicable copyright owner. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent.
These Terms shall remain effective until terminated in accordance with their terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Services, at any time and forany reason, with or without cause. Upon termination of these Terms, your right to use the Services shall immediately cease. You agree that any termination ofyour access to or use of the Services may be effected without prior notice, and that livly may immediately deactivate or delete your password and user name,and all related information and files associated with them, and/or bar any further access to such information or files. You agree that livly shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Violations of these Terms,including unauthorized use of the Services, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in livly’s sole discretion, and without prior notice, livly may terminate and block your access to the Services, cancel your account, refuse to honor pending and future Services purchased from all credit card accounts oronline accounts livly believes may be associated with you, or exercise any other remedy available, if livly believes that your conduct or the conduct of any person with whom livly believes you act in concert, violates or is inconsistent with these Terms or the law, or violates the rights of livly or any customer of livly. Violating any limitations or terms on our website or applications will be deemed to be a material violation of these Terms. You agree that monetary damages may not provide a sufficient remedy to livly for violations of these Terms and you consent to in junctive or other equitable relief for such violations.
You agree that abusive use of our websites or applications, including the App, causes damage and harm to livly inthe form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive uses. You further agree that monetary damages for abusive use of our website, applications (including the App), or Services are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for abusive use, and that livly may at any time add a specific liquidated damage amount to these Terms.
Livly is not required to provide any refund toyou if it exercises any of its rights or remedies because you have violated these Terms or any of livly’s rights. Additionally, livly reserves the right, in its sole discretion, to modify, suspend or discontinue any part of our websites or applications at anytime, with or without notice to you. Livly also reserves the right, in its sole discretion, to impose limits on certain features and Services and to restrict access to its websites or applications without notice to you. Livly shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
Disclaimer of Representations and Warranties
THE APP, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES(WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE”BASIS. LIVLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
LIVLY MAKES NO REPRESENTATIONS,WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LIVLY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Livly’s Liability
LIVLY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT,WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (1) YOUR ACCESS OR INABILITY TO ACCESS THE APP OR THE SERVICES; (2)THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP OR THE SERVICES OR ANY OTHER PERSON OR ENTITY; OR (3) THESE TERMS, EVEN IF LIVLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, LIVLY’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU OR $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), WHICHEVER IS LESS. MOREOVER,UNDER NO CIRCUMSTANCES SHALL LIVLY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RE SELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS,BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO THE APP AND THE SERVICES OR CHANGE THE APP AND THE SERVICES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Your Indemnification of Livly
You shall defend, indemnify and hold harmless livly and its officers, directors, shareholders, and employees,from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT –PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Sever ability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
This Agreement, and your relationship with livly under this Agreement, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions.
You also acknowledge and understand that, with respect to any dispute with livly, its officers, directors,employees, agents or affiliates, arising out of or relating to your use of the Services or this Agreement:
· YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
· YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if livly does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which livly has the benefit of under any applicable law), this will not be taken to be a formal waiver of livly’s rights and that those rights or remedies will still be available to livly.
All covenants, agreements,representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Effective July 10, 2019
COPYRIGHT© LIVLY ALL RIGHTS RESERVED.