Revised February 2, 2017.
1. REGISTRATION. This Agreement constitutes a "registration" by you as the "Customer." As part of this process, you will either create access credentials in the form of a unique Email Address and Password or sign-up using your Facebook account. The services described herein are only available to persons with the legal capacity to enter into this Agreement. By clicking "I ACCEPT" you represent that: (i) you are at least age 18 or older, (ii) all information you provide is accurate and is yours, or you have the right to provide it, and (iii) that you intend to enter into this Agreement, and you agree to all of the terms and conditions stated herein. As a registered Customer, you are solely responsible for maintaining the confidentiality of your Email Address and Password. Since this information allows access to your account, which includes your credit card information, you must keep it as much to yourself as you would keep any credit card number or personal identification number. You agree that you shall immediately notify Company in writing or by electronic mail to firstname.lastname@example.org of any lost, stolen or suspected unauthorized use of your Email Address or Password.
2. LEASE, NO BAILMENT. Customer agrees that this agreement is a lease and does not create a bailment relationship, and Company is not a bailee of Customer's property and Company does not take care, custody, or control of the stored goods. In addition, Customer agrees that Company does not provide a lock, does not handle the goods, and does not keep the keys or know the combination to any Customer's lock(s).
3. FEES AND CHARGES. Customer agrees to pay in full for the pickup, delivery, monthly storage, purchase of cardboard boxes, packing materials or reusable containers, and label purchase they order according to the rate schedule found at www.livible.com or as otherwise agreed in writing between the parties. The amount charged these services can be adjusted by Company at any time. Amounts that have been pre-paid for these services will not be affected by changes in pricing. Any fees or charge adjustments will not affect the other Agreement terms, which will remain in full force and effect. All payments are nonrefundable and there are no reductions or credits for partially used periods.
4. VOLUME SAVINGS. Monthly storage fees are based on the total cubic feet of all the items Customer is storing with Company on the first day of each month. Storage fees for additional pickups of items during the month will be billed at the same rate. Company tracks and displays each Customer item and uses industry standard measurements (outside measurement squared to widest dimension) to determine the dimensions and cubic feet of each item. For non-standard items Company measures, displays and bills the actual cubic feet. If Customer believes the industry standard measurements used by default are larger than their items, Company will measure all customer items and adjust for subsequent months. Company provides automatic savings each month for higher volumes based on the total cubic feet the Customer stores. The current volume savings rates are provided at www.livible.com/pricing.
5. TERMS OF PAYMENT. Customer expressly authorizes Company, or any third party providing payment processing services on Company's behalf, to pre-authorize and charge the applicable fees for each order, including recurring monthly fees for storage, and any related charges, to the payment method Customer provided at the time of initial registration, or in a subsequent update. Customer is responsible for ensuring that all payment method information is up to date. Payment for monthly storage fees will be assessed on the first day of each month, without deductions and without demand. If payment has not been received by the 5th day of the month, a late fee of $25 may be applied. A late fee assessment does not change the Customer's obligation to pay in accordance with the Agreement terms, nor diminish Company's right to terminate the Agreement, lien and foreclose on Customer property, nor affect any other rights or remedies to pursue collection of unpaid amounts under this Agreement. Late payments are subject to additional charges of 1.5% per month, or whatever amount is permitted by applicable laws, whichever is greater. Customer agrees to pay all fees and costs, including reasonable attorney's fees, incurred in collection of any delinquent amounts.
6. LIENS AND SALE. If Customer fails to pay any fees when due, and such obligations remain delinquent for more than fourteen (14) days, Company has the right to terminate this Agreement upon notice to Customer, claim a lien on the Customer's property, and sell such property in accordance with applicable laws. Company's lien rights are in addition to all the other rights of Company as provided by law. Company reserves all rights and remedies to pursue collection of any amounts not satisfied through the lien foreclosure and auction process. Partial payments will have no effect on Company's right to foreclose its lien and sell Customer's property according to applicable law.
7. DELIVERY AND PICKUP. Subject to Safety and Access Restrictions described in 7.1 below, Company will pickup and deliver Customer items as requested and transfer them to and from the Company's storage facility. Customer can schedule delivery of some or all their stored items, subject to availability, at any time. Customer or their authorized representative will be physically present, within the date and time the Company has confirmed, for all pickups and deliveries unless it is an Unattended Service as described in 7.3 below. The pickup and delivery destinations must be within the Company designated zip/postal codes and within the same metropolitan statistical area or Company is not obligated to provide service to the Customer. For more information on Company's delivery areas, visit www.livible.com.
7.1 SAFETY AND ACCESS RESTRICTIONS. Company will only pickup, deliver and store Customer items that it’s employees and contractors can safely handle and transport. There is a forty (40) pound limit for cardboard boxes, reusable containers, and items that are typically handled by one person and a one hundred (100) pound limit for larger items like furniture and appliances that are typically handled by two people. Customers need to provide reasonable access including parking within fifty (50) feet of premises and elevators if they reside more than two (2) flights of stairs up. Company employees and contractors, in their sole discretion, will decide if service can be provided.
7.2 ILLEGAL ACTIVITY; PROHIBITED GOODS. Customer shall not use the services provided by Company for, or in connection with, any illegal activity or purpose. Customer may not store "Prohibited Goods". Company is not liable for any Customer property damages or loss if Prohibited Goods are stored. In addition, Customer will be liable for all Company damages and liabilities that result in any manner from handling, transporting, and/or storing Prohibited Goods. If Company has a reasonable suspicion that Customer has stored Prohibited Goods they will notify Customer of their concerns and shall have the right to open the Customers boxes to further investigate. The term Prohibited Goods includes, but is not necessarily limited to:
7.3 UNATTENDED SERVICE. For the delivery of empty cardboard boxes, packing materials or reusable containers sold by Company, the Customer has the option of having service provided without the requirement that they or an authorized representative are physically present ("Unattended Service") provided: (i) they select NO to the question "I'll be home" when scheduling a date and time for delivery, and (ii) they click on "I ACCEPT" to the pop-up asking them if they accept full personal liability if the delivered items are lost. That means if the cardboard boxes, packing materials or reusable containers are not where the Company delivered them, the Customer will purchase the items at the current price and will not dispute the charges or seek a refund.
7.4 NEW CUSTOMER SPECIAL On the first order by Customer, Company provides a special where they pickup Customer items for free and store them for one month for $1/each. If Customer needs to purchase cardboard boxes, packing materials or storage containers, Company will also deliver them empty for free. In the event Customer does not store all of their items for three months: (i) they are not eligible for these free and discounted services; and, (ii) they agree to purchase all pickup, delivery and storage services provided at then current prices listed on www.livible.com.
8. LIMITED LIABILITY; INDEMNITY; NO WARRANTIES. In no event shall Company, its officers, directors, employees, agents, third party licensors, or third party suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service for any lost profits or special, indirect, incidental, punitive, or consequential damages, even if foreseeable. Company's liability to any customer for damages, loss or theft of property, or injury to persons for any cause, is limited to twenty-five (25) dollars per item. Company expressly disclaims liability in excess of that amount. Company has no liability for claims or losses arising out of acts of God or Customer's failure to comply with obligations under this agreement. Customer further agrees to indemnify, defend and hold Company and its employees, directors, officers and designated agents, harmless from and against all claims or losses including any attorneys' fees and costs arising from Customer's negligence or failure to comply with the terms of this agreement.
To the extent allowed by applicable laws, the services are provided on an "as is" basis without warranties of any kind or nature, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose.
If property damage occurs during storage, Customer may file a reimbursement claim. Completing the claims process is conditioned on the following: (1) damaged articles are made available, including applicable cardboard boxes or reusable containers, for inspection; (2) claims are filed in writing within fourteen (14) days of occurrence of the damage; (3) customer account must be paid in full. Company's liability for Customer goods begins when items are loaded onto Company's vehicles, while transported from the Customer's location to the storage facility, during the time property is in storage, and ends when the items are redelivered to Customer.
9. TERMINATION. Either party may terminate this Agreement at any time for any reason by delivery of Notice as provided herein. Customer remains responsible for all fees owing, including for final pickup, delivery, and storage. Upon delivery of such notice, if Customer has items in storage Customer the parties shall agree on a final delivery or pickup date which shall be not more than fourteen (14) days from the date of notice. If no date is agreed to or no response is received from Customer, Company at it’s sole discretion, can deliver the items to the current address provided by Customer.
10. GENERAL. This Agreement may not be assigned by the Customer. Company may assign or transfer this Agreement without Customer notice or consent. After the assignment date, Company is released from all Agreement obligations. Failure by Company to require Customer performance, or to claim a breach, will not be a waiver for any future breach, affect the validity of this Agreement or limit Company in regards to any future breach. If any Agreement provision is found to be invalid or prohibited under applicable law, the provision would be limited only to the extent of the prohibition, and will not invalidate the remainder of the provision or the Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any previous discussions, or agreements, whether written or verbal regarding the subject matter contained herein, and may be modified only by written agreement of the parties.
Customer authorizes Company, without further notice, to release any information regarding Customer as may be required by law or requested by governmental authorities, law enforcement, or any court. Company has the right, but not the obligation, to take any action necessary or appropriate to comply with applicable laws, or to enforce any of Company rights, or to preserve company property and the storage premises, including but not limited to the right to open Customer's itemand take appropriate action if Company has a reasonable belief that the terms and conditions regarding illegal activities or prohibited goods have been breached.
11. NOTICES. Notices shall be given:
To Company: By email email@example.com and by certified mail, return receipt requested, to: Livible Inc., 107 SPRING ST, SEATTLE WA 98104.
To Customer: By email or US Mail, at the email or mailing address as reflected in Customer's registration information. Notices shall be deemed to have been received twenty-four (24) hours after the email is sent, or three (3) days after the date of mailing.
This Agreement shall be construed and controlled by the laws of the State of Washington, and the parties further consent to exclusive jurisdiction and venue in King County, Washington,