Updated January 10, 2018
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 or Facebook account. Customer acknowledges that anyone logging into their account using their access credentials is evidence of their identity and relives Company of any liability for delivery of of Customer property to a fraudulent or illegal claimant. 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. Customers agrees to 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 and Password or Facebook account.
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.
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 has provided. 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 is not successfully processed, Company will immmediately send a payment failure email. Company will attempt the resubmit the amount owed for payment but if it has not been received by the 6th day of the month, a late fee, the greater of $20 or twenty (20) percent of the amount owed, 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 expressly authorizes Company, or any third party providing payment processing services on Company’s behalf, to resubmit any unpaid orders to charge the applicable fees owing to the payment methods Customer provided and agrees they will not dispute such charges as unauthorized. If Customer disputes an attempt to collect an unpaid order a chargeback fee of $50 may be applied. Customer agrees to pay all fees and costs, including reasonable attorney’s fees, incurred in collection of any delinquent amounts. Customer agrees to reimburse Company for any chargeback fees from the Company’s third-party payment processing services and financial institutions if they dispute a payment and they lose.
6. NO SERVICE, LIENS AND AUCTION. If Customer fails to pay any fees when due they will be unable to schedule any pickups or deliveries until all amounts owing are paid in full. If such obligations remain unpaid for more than fourteen (14) days, Company will provide a preliminary lien notice to Customer that includes the amount owing and the late fees. If such obligations remain unpaid for an additional fourteen (14) days, Company has the right to file a lien on Customer’s property and will provide notice to Customer of their intent to auction such property privately or to the public in an additional fourteen (14) days. At the end of that notice period Company can auction Customer property and neither Customer or Company or any employee or family member of either may acquire, directly or indirectly, the Customer property at auction. Customer’s property offered for sale under lien may be sold either in the original packaging or open and uncovered at Company’s sole discretion. Customer agrees that any property auctioned is not personal papers or personal photographs. 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.
6.1 ACTIVE DUTY MILITARY. If Customer is or subsequently becomes Active Duty Military they need to advise Company of such status and provide their Social Security Number for verification under the Servicemembers Civil Relief Act. Once verified, Active Duty Military will be exempted from the lien and auction provisions in Section 6 until ninety (90) days following their return from Active Duty.
7. DELIVERY AND PICKUP. Subject to Packaging, 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 provided they do not have any unpaid orders. 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 PREPACKAGING, SAFETY AND ACCESS RESTRICTIONS. Customer agrees to prepackage all of their property in a safe and durable manner and to have it ready for pickup by Company upon arrival at the scheduled time. 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 RIGHT TO STORE; ILLEGAL ACTIVITY; PROHIBITED GOODS. Customer represents and warrants that they have lawful possession of the property and the right to have it picked up, delivered or stored with the Company. Customer agrees to indemnify and hold harmless Company from any loss, cost or expense (including reasonable attorney’s fees and expenses) incurred as a result of any dispute or litigation with respect the Customer’s right title or interest to the property. 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:
- Legal Documents, Securities Certificates or Money
- Precious or semi-precious gems or metals
- Hazardous, toxic, explosive or flammable materials
- Agricultural goods, plants, living or dead organisms
- Food or liquids of any kind
- Controlled drugs, all substances or materials regulated or prohibited by federal, state, or local laws
- Antiques, fine art, furs or garments trimmed with fur
- Firearms, ammunition, fireworks or the materials used to create fireworks
- Items that produce an odor of any kind
- Any item sensitive to variations in temperature or humidity
7.3 UNATTENDED DELIVERY 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 four 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.
7.5 MOVING FROM SELF STORAGE Customer can schedule a pickup order to remove some or all of their items from a self-storage unit and put them into Company storage. Customer would typically meet Company representative at the self-storage facility on the date and time they scheduled to unlock the unit and provide access. At Customer’s option, they can provide the key or authorization to use the key to unlock the unit to the Company or the operator of the self-storage facility (“Operator”). If such authorization is provided, Customer agrees that provision of the key to Company or Operator is provided as a convenience and: (i) does not create bailment as Customer retains care, custody and control over stored items; (ii) to indemnify and release Company and Operator from any liability from they or their agents acts in connection with having possession of the key; and (iii) that the value of the items stored in the unit does not exceed $0.60 per pound in the case of loss or damage.
7.6 NO SURPRISES GUARANTEE Company provides a StorageEstimator™ on its website that provides visitors with detailed costs for Company services based on the type, quantity and size of items. The personalized estimate is provided through both an instant online display and an optional email. Company guarantees that, for three months following receipt of the emailed estimate, Customers will be billed the same amount for services provided the actual items are the same as were entered into the StorageEstimator™. If the actual items are different (ie, type, quantity or size) than are listed on the StorageEstimator™ email then Customer will pay the then list price for services as shown on www.livible.com.
7.7 FETCH CUSTOMERS On September 29, 2017 Company acquired all the assets of Fetch Storage, LLC (“Fetch”) including all Master Storage and Shipping Agreements with customers. By accepting this Agreement, Customer agrees that notice was provided that Fetch assigned all its rights and duties under the Master Storage and Shipping Agreement to Company effective the same date.
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 $0.60 (sixty cents) per pound. 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.
8.1 INSPECTION ON REDELIVERY; DAMAGES; CLAIMS PROCESS. 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. Customer agrees to inspect goods that were stored with Company for damages upon redelivery with a Company representative present. If Customer believes property damage has occurred during possession by Company they must immediately notify the representative. Customer may file a reimbursement claim provided all of the following conditions have been met: (i) damaged goods were opened with Company representative present; (ii) there was evidence of physical damage to the exterior of the packaging of the item; (iii) the damage claim was filed in writing within fourteen (14) days of redelivery of the goods, and (iv) the customer account must be paid in full. If all conditions are not satisfied then no damage claim by Customer will be accepted.
8.2 NO COVERAGE FOR CERTAIN ITEMS; IKEA FURNITURE. The Company liability for damages does not extend to any of the following items:
- previously damaged or repaired items
- items of intangible value
- extremely fragile items such as glass, mirrors, artwork, collectibles, artificial plants, etc.
- loose items that are not placed in a box or container such as keys, remote controls, cords, accessories, etc.
- improperly packed items
- items picked up for customer from another location such as a retailer, Craigslist seller, etc. where customer was not present to ensure item was undamaged at that time.
- electronic items such as TV’s, computers, etc. if there is no evidence of physical damage or breakage to the packaging
- particle board and assembled furniture from IKEA and other manufacturers.
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 regard 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. Company agrees that notice shall be given to them by email email@example.com or by certified mail, return receipt requested, to: Livible Inc., 107 Spring St, Seattle WA 98104. Customer agrees that all notices to Customer shall be given exclusively by email to the address in Customer’s registration information. Company will send notices from firstname.lastname@example.org, email@example.com and firstname.lastname@example.org and Customer agrees to add those addresses to to their allowed senders list to bypass spam and junk email filters. Notices shall be deemed to have been received the day the email is sent.
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.
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