Livly, Inc. (“livly”) [livly works with commercial and multi-family real estate owners and operators to provide certain services to property managers 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. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. 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 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 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. Use of the Services is void where prohibited. Except as otherwise expressly provided in these Terms, 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.
You may access and use the livly Services only in the United States. We may restrict access to livly Services from other locations.
Privacy and your Personal Information
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) selector 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 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.
In providing the Services, livly uses livly personnel (each a “livly Runner”) to facilitate the Services, including but not limited to the pickup and delivery of certain items at your home, apartment or other location (“Unit”). Services that utilize a livly Runner are only available during Runner Hours. Runner Hours are between Noon to 6:00pm, Monday-Friday, or as otherwise specified within the Services.
When a livly Runner attempts to pick up from or deliver an item to your Unit, the livly Runner will knock 3-4 times. If there is no answer and you have not enabled Authorized Entry, the livly Runner will abandon the pickup or delivery attempt and provide notification to you pursuant to your communication preferences.
With livly Services, you can have standard to-door delivery or you can enable authorized entry and delivery in-home at eligible addresses(“Authorized Entry”). If you enable Authorized Entry, you are authorizing livly and the livly Runners to access your Unit, for the purposes of providing the Services. With Authorized Entry, you are confirming that you have the right to authorize livly and the livly Runners to access your Unit. 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.
When a livly Runner attempts to pick up an item from or deliver an item to your Unit, the livly Runner will knock 3-4 times first. If there is no answer and you have enabled Authorized Entry, the livly Runner will unlock your door via a livly Services Key Fob. The livly Runner then will unlock your door and announce him/herself. The livly Runner will not enter the Unit, but will simply slide the package just inside the door or remove a bin placed at the door, as applicable, and then immediately close and lock the door. Once the delivery or pick up is complete and your door is re-locked, you will get a final notification. You do not need to provide any additional information for the livly Runner, such as keypad codes or remote unlock codes.
Should the size and/or weight of a package being delivered make it impractical for the livly Runner to deliver the package without entering your Unit or should a bin to be picked up be placed in a manner that makes it impractical for the livly Runner to pick up the package without entering your Unit, the livly Runner may in his/her sole discretion, enter your Unit no more than five paces to complete the delivery or pickup. We do not recommend enabling Authorized Entry if your pet can access the front door on days a livly Runner may deliver a package to or pick up a bin from your Unit. If you have a pet, you are agreeing to block off your pet safely from the delivery area in your home at the times of delivery/pickup. Keeping your pet blocked off from the delivery area will help prevent your pet from escaping or approaching the livly Runner during the delivery/pickup.
If the livly Runner feels the safety of your pet or the safety of the livly Runner is at risk, the livly Runner may choose to refuse the delivery of a package or pickup of a bin. You agree not to hold livly or the livly Runner liable for any pet that escapes your Unit or is otherwise harmed during the delivery/pickup.
Authorized Entry is also extended to third parties for Services in which you book for the duration of those Services. Third parties are expected to adhere to all aforementioned rules for Authorized Entry
If the livly Runner is unable for any reason to deliver the package or pick up a bin through Authorized Entry, you will receive a notification of the attempt and have the ability to reschedule the delivery/pickup.
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 PACKAGES 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.
You may use the Services, with the fees as outlined in the Services, to order various items through an online essentials store accessible via the Services (“Essentials Services”). Your Essentials Services order will be passed to a livly Runner during Runner Hours. The livly Runner will attempt delivery of your Essentials Services order by knocking on your door 3-4 times. If no response is received and you have enabled Authorized Entry, the livly Runner will attempt delivery through Authorized Entry. If the livly Runner is unable to deliver your order, the items will be returned, your payment will be refunded, and you will be provided notification pursuant to your communication preferences.
You may use the Services, with the fees as outlined in theServices, to receive, hold and deliver packages that are sent to you (“Package Services”). When packages are received, a livly Runner will scan or otherwise capture information about the package, including the sender, any brand identified in the packaging, the intended recipient, tracking number, and the courier. Pursuant toyour communication preferences, you will be notified of the package.
If you have enabled Authorized Entry, a livly Runner will attempt delivery through Authorized Entry during Runner Hours and provide notification to you pursuant to your communication preferences.
If you have not enabled Authorized Entry, or if the package was unable to be delivered through Authorized Entry, your package will be held by livly. You may claim your package by either (1) picking up the package the building’s designated package pickup location or (2) using the Services to schedule a package delivery attempt during a time period when you will be available to receive the package.
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 livly Runners of any liability for any damage to any packages you receive not directly due to the negligence of a livly Runner.
House Cleaning Rules
You may use the Services, with the fees as outlined in the Services, to request house cleaning services (“House Cleaning Services”). Residents are responsible for booking House Cleaning Services via the Services.Appointments are booked on a first come first served basis, within livly’s scheduled hours of operation. House Cleaning Services may be provided by a third party. Payment is processed after the House Cleaning Services have been performed. For more details see the following:
Livly provides two options for House Cleaning Services:Standard Clean and Deep Clean. For both options, livly shall charge the following fees, which are agreed to by you. Should there be a conflict between the charges listed here and those listed and/or charged on through the Services,the latter shall control.Standard Clean is $35 for up to 60 minutes. Standard Clean includes washing dishes, sweeping, spot clean of floors, sinks, counter tops,tidy, bed making, and trash removal.
Deep Clean is $95 for up to 180 minutes. Deep Clean includes deep surface cleans of appliances, floors, sinks, counter tops, trash removal, bed making, linen change and wash
If Authorized Entry is not enabled, either at the time of appointment request or at the time of appointment, and by utilizing House Cleaning Services, residents are enabling Authorized Entry for the duration of the service provided. If Authorized Entry is already enabled, then rules for Authorized Entry naturally apply. Please see section entitled Authorized Entry for more details.
Other service details include:
Livly and its third parties are solely responsible for staffing all appointments. Livly makes no guarantee a specific third party or third party employee is provided.
A livly Runner may be responsible for providing Unit access to third parties. Access is provided in accordance with rules for Authorized Entry. Please see section entitled Authorized Entry for more details.
Residents have the option of attending the appointments or not at their choosing and discretion
Residents are expected to make a reasonable attempt to prepare their Units for House Cleaning Services. Livly and its third parties reserve the right, for whatever reason, to not provide House Cleaning Services.Examples include, but are not limited to the following: Unit has not been properly prepared for house cleaning, uncontained pets.
With regard to Services provided, including House Cleaning Services, 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 the House Cleaning 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 PROVIDER SAND ANY APPLICATIONS, PRODUCTS, OR SOFTWARE UTILIZED BY SUCH THIRD PARTY SERVICE PROVIDERS.
You may use the Services, with the fees as outlined in the Services, to store your personal items in bins that are dropped off, picked up and stored by livly (“Storage Services”). Through the Storage Services you may request one or more empty bins be delivered to you. A livly Runner will attempt delivery of your bins by knocking on your door 3-4 times. If no response is received and you have enabled Authorized Entry, the livly Runner will attempt delivery through Authorized Entry. If the livly Runner is unable to deliver the empty bins, the order will be canceled, your payment will be refunded and you will be provided notification pursuant to your communication preferences.
You are responsible for packing your items into the provided bins, including any necessary bubble wrap and/or padding. livly is not responsible for broken or cracked items in bins that were not reasonably and carefully packed or otherwise prepared for storage. Where possible, you should refrain from packing fragile items that are difficult to be safely packed. livly disclaims all liability for items that could reasonably be called"fragile" such as glassware, dishes, artwork, jewelry, electronics,furniture items made of particleboard, fiberboard, and other boards made from sawdust and wood scraps, and furniture that incorporates (in a tabletop or anywhere else) delicate material that requires special packing, such as marble,acrylic, granite, glass, crystal, formica, or lucite.
Should you be storing any valuable materials, it is recommended you purchase insurance to cover the value of such materials. livly’s insurance is limited to $2,500 per bin, and livly shall not be liable for any costs or damages beyond its insurance coverage, subject to any other limitations in these Terms.
You are further responsible for knowing and observing applicable laws and ordinances for allowable materials to be stored. You shall not store any of the following:
Any item which emits any fumes, smell or odor;
Any living creatures;Refuse and other waste materials;
Food and other perishable goods unless securely packed so that they are protected and do not attract vermin or cause any other form of nuisance;
Firearms, explosives, weapons or ammunition;
Any illegal substances such as drugs, illegal items or goods illegally obtained, such as smuggled or stolen goods, etc.Chemicals, radioactive materials, biological agents,Asbestos and/or processed asbestos;
Gas bottles or any other compressed gases and/or batteries;
Combustible or flammable materials or liquids including gasoline; or
Any other toxic, flammable or hazardous substances or preparations that are classified as such under any applicable law or local regulations.
After packing the bins, you may request through the Storage Services that one or more bins be picked up and stored by livly. After requesting bin pickup, a livly Runner will attempt to retrieve the bins during Runner Hours. The livly Runner will attempt bin pickup by knocking on your door. If no response is received and you have provided livly with Authorized Entry, the livly Runner will attempt bin pickup through Authorized Entry and provide notification to you pursuant to your communication preferences. If the livly Runner is unable to retrieve the bins through Authorized Entry, including because the bins are not located near the door to your Unit, the bin pickup will be canceled, you will be charged a missed delivery fee, you will have to reschedule the bin pickup, and notification will be provided to you pursuant to your communication preferences.
The storage bins will be stored in a temperature controlled storage location. Temperature controlled means livly uses reasonable efforts to maintain a temperature in the storage location of between 55 and 80 degrees Fahrenheit. livly is not responsible for the growth of mold or mildew on any contents of a bin.
You may request through the Storage Services that one or more of your bins be removed from storage and returned to you. After requesting a bin return, a livly Runner will attempt to return the bin during Runner Hours. The livly Runner will attempt bin return by knocking on your door 3-4 times. If no response is received and you have enabled Authorized Entry, the livly Runner will attempt bin return through Authorized Entry and provide notification to you pursuant to your communication preferences. If the livly Runner is unable to deliver the bin through Authorized Entry, the bin return will be canceled, you will be charged a missed delivery fee, notification will be provided to you pursuant to your communication preferences, and you will have to reschedule the bin return.
livly does not intend to access any of your storage bins after they are sealed. However, livly reserves the right to open and inspect any such bin in the event of an emergency, suspected criminal activity,suspected storage of prohibited goods, or upon your default under these Terms. Should livly receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove your seal from the relevant bin, allow it to be searched and, if applicable, the contents to be seized. Should we receive a subpoena, or a law officer or governmental agency requests documents or information about your stored property, you agree that we may provide such information or documents without incurring liability to you.
In order to secure payment for Storage Services, livly has alien on all property in your bins for outstanding charges, present or future,in relation to the Storage Services, including the abandonment of a storage bin. livly may enforce the lien by selling such property at a lien sale in accordance with applicable laws and ordinances.
livly shall charge the following fees, which are agreed to by you. Should there be a conflict between the fees listed here and those listed and/or charged on through the Services, the latter shall control.
Monthly Storage Services fee per bin - $7.50 (Crates),$15.50 (Wardrobes)
Bin Return - $10.00 flat return fee for final delivery upon termination of agreement, otherwise 1 free bin swap each month
Bin Swap fees – 1 free every month.
Bin purchase fee (in the event you keep a crate beyond 30 days after receipt) - $25
Missed delivery fee - $20
Sale/Auction administration fee - $100
Delinquent account administration fee (levied on payments more than 15 days past due) - $10
Charge back fee (in the event an erroneous charge back occurs on a payment you make) - $25
Cancellation fee (after receiving empty crates) - $0.25 per day, per crate, from the initial monthly purchase date until the date the crate is cancelled.
On-Demand Trash Rules
You may use the Services, with the fees as outlined in the Services, to have your trash picked up and disposed of by a livly Runner (“Trash Services”). Through the Trash Services,you may submit a request for trash pickup. After submitting the request, you need to place the trash in sealed bags outside the door to your Unit. A livly Runner, during Runner Hours, will pick up the trash outside your door and dispose of it. If the livly Runner is unable to pick up your trash, the Trash Service will be canceled, provide notification to you pursuant to your communication preferences, and you will need to reschedule the trash pickup.
Pet Care Rules
You may use the Services, with the fees as outlined in the Services, to request pet care services (“Pet Care Services”). Residents are responsible for booking Pet Care Services via the Services (i.e., websites and/or applications owned and/or operated by livly). Appointments are booked on a first-come, first-served basis. Pet Care Services may be provided by a third party. By booking Pet Care Services, you are agreeing to the rules set forth herein(including payment rules) and charges.
Livly provides a single option for Pet Care Services called “Pet Visit.” For a Pet Visit, livly charges $16 for 30 minutes of care, unless otherwise stated in the Services. In the event of a conflict between the charges listed here and those listed and/or charged through the Services, the latter shall control.
Your first visit is free of charge. As the pet owner or caregiver, you are required to be present for the first visit. We require your presence for the initial visit to ensure any additional information has been provided (e.g., knowledge of special behaviors, favorite treats and toys,placement of supplies in the house) and to ensure a proper level of comfort between the pet and pet care provider.
Livly reserves the right to determine the amount of time given to you (the resident) prior to an appointment that you’re allowed to cancel. If you cancel after the allotted time period, you will be charged a $5 fee. If a pet care provider arrives at your Unit and you no longer need the Pet Care Services but have not cancelled your appointment, you will be charged the full price of the appointment.
Pet Visits for dogs include a 20-minute walk with poop pickup and can also include training reinforcement, play time, feeding and providing fresh water, and providing medicine (but only upon request with specific directions).
Pet Visits for cats include enrichment and play time, feeding and providing fresh water, a clean litter box, and providing medicine (but only upon request with specific directions).
Livly does not charge extra for multiple pets but does require that you properly communicate all existing pets to livly during initial intake.
Pet care providers are encouraged to arrive within an hour of the scheduled visit. For example, if a visit is scheduled at 8am the walker should arrive between 7am and 9am.
Other service details:
a. To ensure the safety and comfort of your pet, livly does not provide Pet Visits to other residents’ pets while providing those services to your pet unless otherwise requested and approved via email.
b. Livly and its third parties are solely responsible for staffing all appointments. Livly makes no guarantee a specific third party or third party employee is provided;however, livly will make every effort to provide consistent staffing as we understand the importance of the relationship between a pet care provider and your pet.
c. A livly Runner maybe responsible for providing Unit access to third parties. Access is provided in accordance with rules for Authorized Entry, except that the pet care provider may spend more time in your Unit depending on the services being provided in the Pet Visit.
d. If a livly Runner is not scheduled at the building during the time of the appointment, you agree to provide access to the Unit to the third party pet care provider for the duration of your scheduled Pet Visit in accordance with the rules for Authorized Entry.
e. By booking Pet Care Services, you agree to the rules for Authorized Entry for the duration of the Pet Visit, even if Authorized Entry is disabled, either at the time of appointment request or at the time of appointment. If Authorized Entry is already enabled, then rules for Authorized Entry naturally apply. Please see section entitled Authorized Entry for more details.
f. Except for the first Pet Visit, residents have the option to attend or not to attend the Pet Visit, at their discretion. As mentioned above,attending the first visit is required, and this visit is free of charge.
g. Residents are expected to prepare their Units for the Pet Visit and Pet Care Services. Livly and its third parties reserve the right, for whatever reason, to cancel or reschedule the Pet Visit and/or deny Pet Care Services. Reasons for cancelling or rescheduling the Pet Visit or denying Pet Care Services include, but are not limited to the following:
i. pet is displaying aggressive behavior potentially harmful to the pet care provider or other animals; or
ii. pet materials (e.g., leashes, harnesses) have not been provided.
h. 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.
i. Livly and its third parties are not to be held liable for the injury, disappearance, death, or fines of any pet(s)
j. 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).
k. 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.
l. You attest to the fact that all licenses and vaccinations required by the State of Illinois, the city in which you reside, and/or Cook County are current and in compliance with the law.
With regard to Services provided, including Pet Care Services,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 the Pet Care 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 PROVIDER AND ANY APPLICATIONS, PRODUCTS, OR SOFTWARE UTILIZED BY SUCH THIRD PARTY SERVICE PROVIDERS.
Garment Care Rules
You may use the Services, with the fees as outlined in the Services, to request garment care services (“Garment Care Services”). You are responsible for booking Garment Care Services via the Services (i.e., websites and/or applications owned and/or operated by livly). Garment Care Services may be provided by a third party. By booking Garment Care Services, you are agreeing to the rules set forth herein (including payment rules) and charges.
Livly facilitates pickups and deliveries for Garment Care Services via its third parties. Garment Care Services are comprised of a subset of services including laundry and dry cleaning.
For laundry, livly charges $1.50 per pound, unless otherwise stated in the Services. In the event of a conflict between the charges listed here and those listed and/or charged through the Services, the latter shall control.
For dry cleaning, standard pricing is as follows:
Suit — $10.00
Sport Coat — $7..00
Slacks — $3.50
Sweater — $3.50
Dress — $8.00
Skirt — $3.50
Blouse — $3.50
Shirt (Dry Cleaning) — $3.50
Shirt (Laundered) — $1.85
In the event of a conflict between the charges listed here, and those listed and/or charged, through the Services, the latter shall control.
Pickups occur every Monday, Wednesday, and Friday. Monday pickups are delivered Wednesday; Wednesday pickups are delivered on Friday; and Friday pickups are delivered on Monday.
Upon initial order, livly will provide garment bags to you to keep throughout your time as a user. For subsequent orders, please place your bags inside the front door for collection by livly and its runners.
Livly Runners will perform collections only when an order is placed through the system. All rules for garment care pickup and collection are governed by the rules for Authorized Entry.
Other service details:
a. Livly does not perform any cleaning or processing of garments. Garment Care Services are provided by livly’s third parties.
b. 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.
With regard to Services provided, including Garment Care Services, 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 the Garment Care 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 PROVIDER AND ANY APPLICATIONS,PRODUCTS, OR SOFTWARE UTILIZED BY SUCH THIRD PARTY SERVICE PROVIDERS.
Clothing Donation Service Rules
You may use the Services, with the fees as outlined in the Services, to request clothing donation services (“Clothing Donation Services”). You are responsible for booking Clothing Donation Services via the Services (i.e., websites and/or applications owned and/or operated by livly). Clothing Donation Services may be provided by a third party. By booking Donation Services, you are agreeing to the rules set forth herein (including payment rules) and charges.
Livly facilitates Clothing Donation Services via its third parties. For Donation Services, livly charges $19.95 for standard pickups. Standard pickups include up to 3, 13 gallon kitchen trash bags. Any additional bag is $5.95 per bag.
Residents are responsible for preparing all donations for pickup by placing all bags inside and next to their front door.
Collections are bookable every Monday. Livly runners will perform collections on the days listed above as orders are placed through the system. All rules for Clothing Donation Services are governed by the rules for Authorized Entry.
Other service details include:
Livly accepts clothing of all kinds but does not accept anything that isn’t considered clothing.
Livly is solely responsible for selecting its third-party vendors.
Livly does not provide receipts from its third-party vendors to residents seeking tax deductions.
With regard to Services provided, including Clothing Donation Services, 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 the Clothing Donation 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 PROVIDER AND ANY APPLICATIONS,PRODUCTS, OR SOFTWARE UTILIZED BY SUCH THIRD PARTY SERVICE PROVIDERS.
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 onyour 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, upgrades and/or a Service for which livly does not currently charge a fee) or billing methods at anytime. 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 ify 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 livlywithin sixty (60) days, you waive any right to dispute such problems or discrepancies.
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 Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. 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, sublicensable, 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:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including livly);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening,harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your livly account or anyone else’s (such as allowing someone else to log in to the Services as you);(e) Attempts, in any manner, to obtain the password,account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) 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);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services (through use of manual or automated means);
(i) Copies or stores any significant portion of the Services;
(j) 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 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 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 anytime and for any reason, with or without cause. Upon termination of these Terms, your right to use the Services shall immediately cease. You agree that any termination of your 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 or online 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 sor 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 injunctive or other equitable relief for such violations.
You agree that abusive use of our websites or applications,as defined above, causes damage and harm to livly in the 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, 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 damages amount to these Terms.
livly is not required to provide any refund to you 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 any time, 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 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 SERVICES; (2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY; OR (3) THIS AGREEMENT, EVEN IF LIVLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, 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' RESPECTIVER ESELLERS, 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 SERVICES OR CHANGE 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
Severability. 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 May 6, 2019
COPYRIGHT© LIVLY ALL RIGHTS RESERVED.