Terms of Service (Last updated: July 3, 2019)
Livible, Inc. (“Livible,” “our”, “us,” or “we”) provides organization, storage and moving services for boxes, furniture and other physical property (the “Property”) to customers (“Customers”, “you”, “your” or “user”). These Terms of Service (the “Agreement”) govern your access to and use of the Livible website at livible.com and other domains and mobile applications (the “Site”) and any services listed on, offered on or accessed through our website (the “Storage Services” and collectively with the Site, the “Services”), including use of our website and use of our offline storage services. The Services also includes any other services or sites that link to this Agreement.
By using, registering for, or accessing the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If at any time you do not agree to this Agreement, please immediately terminate your use of the Services.
Livible may amend or modify this Agreement from time to time by posting the amended Agreement on the Livible website. Please check this Agreement periodically for those changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Agreement. For your convenience, the date of last revision is included at the top of this page. Livible may make changes to the Services at any time.
User Obligations and Qualifications. When using the Services, you agree to: (1) provide accurate information to us at all times and promptly update any information provided, including your profile or any other Livible account information; (2) keep your access credentials confidential and secure and to promptly notify us if they are compromised; and (3) promptly update any compromised credentials to new credentials and take other steps that you or we may deem necessary to protect your account.
You are responsible for any inaccurate information you provide in connection with the Services and any actions taken under your Livible account credentials, regardless of whether such actions are taken by you or a third party. We are not liable for any loss or damage arising from any unauthorized use of your account.
Your Livible account gives you access to the services and functionality that we may establish from time to time in our sole discretion. You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age and a resident of the US; (2) if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the entity’s behalf; and (3) you are able to form legally binding contracts under applicable law. By connecting to Livible through a third-party service, you give us permission to access and use your information from that service as permitted by that service. You consent to Livible using the email address you provide in association with your account to send you notices related to the Services, including any notices required by law. We may also use your email address to send you messages related to changes to our website or Services.
- USE OF THE SERVICES.Livible grants you limited, revocable, non-sublicensable license to access and use the Services and all content, data, information, and materials included in the Services, including content and materials belonging to other Livible users (the “Materials”) solely for your own personal use, or if you are a commercial customer of Livible, solely for your internal business use, subject to the terms and conditions set forth in these Terms or provided in connection with the Services. All other rights are reserved by Livible. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the Services or Materials except as explicitly authorized in this Agreement. You will not use the Services or any of the Materials other than for their intended purpose or in any way that is unlawful or harms us or our users.
- USER PROHIBITIONS.You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Livible servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
- REVIEWS; SUGGESTIONS; IDEAS.You may voluntarily provide reviews, suggestions, ideas, comments or other feedback (“Feedback”) to us about the Services including how to improve them. Even if Feedback is designated as confidential, we may use it for any purpose without obligation of any kind.
- PERSONAL INFORMATION RISK.Livible cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- INDEMNIFICATION.You agree to defend, indemnify and hold harmless Livible and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site or Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any of your user content or Property, or any that is submitted via your account; or (vi) any other party’s access and use of the with your unique log-in credentials.
- NO WARRANTY.EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED SECURITY WARRANTY POLICY, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIVIBLE OR THROUGH THE SITE OR IN CONNECTION WITH THE STORAGE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LIVIBLE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIVIBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY OR PERFORMED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE OR SERVICE HYPERLINKED TO THE SITE, AND LIVIBLE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION OTHER USERS OF THE SERVICES WITH WHOM YOU INTERACT. FEDERAL LAW, SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIVIBLE, PROVIDERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE USE OF THE MATERIALS, OR THE MANNER OR MEANS BY WHICH THE SERVICES ARE PERFORMED. IN ANY EVENT, THE MAXIMUM LIABILITY OF LIVIBLE, ITS PROVIDERS AND OTHER THIRD PARTIES ARISING WITH RESPECT TO THE SERVICES OR THIS AGREEMENT, WHETHER UNDER CONTRACT, TORT OR ANY OTHER BASIS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- TERMINATION; THREE MONTH SPECIAL OBLIGATIONS.You may terminate this Agreement at any time by requesting the return of your Property and by paying any outstanding fees due to Livible. If you took advantage of the Three Month Special with discounted pricing in exchange for a commitment to store your items for at least three months and you cancel before you’ve met that commitment, that includes paying the non-discounted rates for all services provided. We may, without prior notice, change the Services; stop providing the Site or Storage Services or features of the Services, to you or to users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
a) Entire Agreement.Except as expressly agreed by the parties in a writing, this Agreement contains the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior written or oral agreements between us.
b) Waiver. The failure of either of us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the relevant party.
c) Third Party Beneficiaries. Except as expressly stated, no person, firm, group or corporation other than you and Livible will be deemed to have acquired any rights by reason of anything contained in this Agreement.
d) Paragraph Headings. Paragraph headings used herein are for convenience only and will not be deemed a part of this Agreement.
e) Severability. If any provision of this Agreement is found to be invalid or limited in its force, it will be enforced to the maximum extent of the law and the remainder of the Agreement will continue in force.
f) Notices. All notices, requests, consents and other communications under this Agreement sent to Livible will be in writing, addressed to Livible, Inc., 107 Spring St, Seattle WA 98104, or to another address as Livible may designate in a notice; and will be either (i) delivered by hand; (ii) sent by overnight courier; or (iii) sent by registered mail, return receipt requested, postage prepaid. All notices, requests, consents and other communications to you will be in writing, addressed to the email address submitted by you via the Services. All notices, requests, consents and other communications under this Agreement will be deemed given: (a) if by hand, at the time of the delivery thereof to the receiving party; (b) if made by email or facsimile, at the time that receipt of delivery thereof has been received; (c) if sent by overnight courier, on the next business day following the day such notice is delivered to the courier service; or (d) if sent by registered mail, on the fifth business day following the day such mailing is made. Livible is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
g) Choice of Law and Venue. This Agreement shall be construed and controlled by the laws of the State of Washington. With respect to any claim permitted in court under this Agreement, each party further consents to exclusive jurisdiction by the courts sitting in King County, Washington for all disputes that are heard in court. In the event of any legal action between you and Livible, the substantially prevailing party shall receive from the losing party its reasonable costs and attorney’s fees incurred in the action and in any appeal.
h) Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, in part or in whole, whether voluntarily or by operation of law, including by way of sale of assets, merger or consolidation. This Agreement may be assigned by Livible without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
i) Independent Contractors. The relationship of the parties under this Agreement is that of independent contractors. Neither party will be deemed to be an employer, employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on the behalf of the other.
j) Force Majeure. Notwithstanding anything to the contrary, Livible will not be liable or responsible for any damage to or loss of any Property, or failure to perform, or delay in performance of, any of its obligations under this Agreement that is caused by events outside its reasonable control (including but not limited to) acts of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labor dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications.
l) No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Livible’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
m) Questions. If you have questions about this Agreement, please call us at (844)-LIVIBLE (844-548-4253) or email us at help@Livible.com and we’d be happy to answer your questions.
- SERVICES SPECIFIC TERMS.If you purchased Storage Services from us, the following terms apply to you.
a) Lease; No Bailment. You agree that this Agreement is a lease and does not create a bailment relationship, and we are not a bailee of your Property and we do not take care, custody, or control of your Property.
b) Fees and Charges. You agree to pay for the pickup, delivery, monthly storage, purchase of cardboard boxes, packing materials or reusable containers, hourly fees for personal packers or other staff, label purchase and protection plans they order according to the rate schedule found on the Livible website or as otherwise agreed in writing between the parties. Monthly storage is initially billed on the pickup day and prorated for the number of days remaining in the month. Thereafter monthly storage is billed on the first day of the month and, like rent, is not refundable. The amount charged these services can be adjusted by us at any time. Amounts that have been prepaid 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.
c) Volume Savings. Monthly storage fees are typically based on the total cubic feet of all the items you store with us on the first day of each month. Storage fees for additional pickups of items during the month will be billed at the rate based on the total cubic feet of all items stored by you including additional pickups and deliveries. We track and display each item of your Property and we use industry standard measurements (outside measurement squared to widest dimension) to determine the dimensions and cubic feet of each item. For non-standard items we measure, display and bill the actual cubic feet. If you believe the industry standard measurements used by default are larger than their items, we will measure ALL of your Property items and adjust for subsequent months but not retroactively. We provide automatic savings each month for higher volumes based on the total cubic feet you store. The current volume savings rates are provided on the Livible website.
d) Terms of Payment. You expressly authorize us, and any third party providing payment processing services on our behalf, to pre-authorize and charge the applicable fees for each order, including recurring monthly fees for storage, protection plans and any related charges, to the payment method you have provided. You are responsible for ensuring that all payment method information is up to date. Payment for monthly storage fees and protection plans will be assessed on the first day of each month, without deductions and without demand. If payment is not successfully processed, we will immediately send a payment failure email. We will attempt the resubmit the amount owed for payment for each unpaid order 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 on each order, will be added. A late fee assessment does not change your obligation to pay in accordance with the Agreement terms, nor diminish our right to terminate the Agreement, lien and foreclose on the 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. You expressly authorize us, and any third party providing payment processing services on our behalf, to resubmit any unpaid orders to charge the applicable fees owing to the payment methods you provided, and you agree you will not dispute such charges as unauthorized. If you dispute an attempt to collect an unpaid order a chargeback fee of $50 may be applied. You agree to pay all fees and costs, including reasonable attorney’s fees, incurred in collection of any delinquent amounts. You agree to reimburse us for any chargeback fees charged by our third-party payment processing services and financial institutions if you dispute a payment and lose.
e) No Service; Protection Plan Lapse; Liens and Auction; Active Military. If you fail 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, the protection plans will lapse, and we will provide a preliminary lien notice to you that includes the amount owing and the late fees. If such obligations remain unpaid for an additional fourteen (14) days, we have the right to file a lien on the Property and will provide notice to you of our intent to auction such Property privately or to the public in an additional fourteen (14) days. At the end of that notice period we have the right to auction the Property and neither you nor Livible nor any employee or family member of either may acquire, directly or indirectly, the Property at auction. Your Property offered for sale under lien may be sold either in the original packaging or open and uncovered at our sole discretion. You represent and warrant that any Property auctioned is not personal papers or personal photographs. To the extent any Property auctioned includes personal papers or personal photographs, you agree to hold Livible harmless from any and all damages, claims or other resulting consequence. Our lien rights are in addition to all the other rights of Livible under law or this Agreement. We reserve 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 our right to foreclose its lien and sell the Property according to applicable law. Notwithstanding the foregoing, if you are or subsequently become Active Duty Military, you need to notify us of such status and provide your 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 this section until ninety (90) days following their return from Active Duty.
f) Delivery and Pickup. Subject to Packaging, Safety and Access Restrictions described below, we will pickup and deliver your Property as requested and transfer your Property to and from our storage facility. You can schedule delivery of some or all your Property, subject to availability, at any time provided you do not have any unpaid orders. You or your authorized representative will be physically present, within the date and time we confirm, for all pickups and deliveries unless it is an Unattended Service as described below. The pickup and delivery destinations must be within the Livible designated zip/postal codes and within the same metropolitan statistical area or we are not obligated to provide service to you. For more information on our delivery areas, visit the Livible website.
g) Prepackaging, Safety and Access Restrictions. You agree to prepackage your Property in a safe and durable manner and to have it ready for pickup by us upon arrival at the scheduled time or to hire personal packers from Livible to do it for you for an additional fee. We will only pickup, deliver and store your Property that can be safely handled and transported by our employees and contractors. 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. Items that exceed these limits will either need to be split into separate items or charged a surcharge equal to the percentage above the limit multiplied by the cubic feet of the item multiplied by the rate per cubic foot paid by the customer. You agree to provide reasonable access including parking within fifty (50) feet of premises and elevators if you reside in a location that requires the use of more than two (2) flights of stairs to access. Our employees and contractors, in their sole discretion, will decide if the location of your Property cannot be safely accessed.
h) Right To Store; Illegal Activity; Prohibited Goods. You represent and warrant that you have lawful possession of the Property and the right to have it picked up, delivered or stored with us. You agree to indemnify and hold Livible harmless from any loss, cost or expense (including reasonable attorney’s fees and expenses) incurred as a result of any dispute or litigation with respect to your right, title or interest to the Property. You shall not use the Services for, or in connection with, any illegal activity or purpose. You may not store Prohibited Goods (as defined below). We are not liable for any damage to you Property if Prohibited Goods are stored. In addition, you will be liable for all damages to and liabilities of Livible that result in any manner from handling, transporting, and/or storing Prohibited Goods. If we have a reasonable suspicion that you have Prohibited Goods, we will notify you of our concerns and we 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; and, Any item sensitive to variations in temperature or humidity.
i) Unattended Delivery Service. For the delivery of empty cardboard boxes, packing materials or reusable containers sold by Company, Customer has the option of having service provided without the requirement that they or an authorized representative are physically present (“Unattended Service“) provided 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.
j) Three Month Special. Company may provide an introductory, Three Month Special for new Customers who store their items for at least three months where they pickup Customer items for free and store them for the first 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 the agreed 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 that were provided to them at then current prices listed on the Livible website. The Three Month Special is not available for college student summer break and Customers who incorrectly select it agree to purchase all pickup, delivery and storage services provided to them at then current prices listed on the Livible website.
k) 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 $1 per pound in the case of loss or damage to a maximum of 100 pounds per item of $100.
l) Instant Quote. Company provides an Instant Quote on its Site that provides visitors with detailed costs for Company services based on the term, type, quantity and size of items selected by Customer. The personalized estimate is provided through both an online display and an optional email. Company guarantees that Customer will be billed the same amount for services provided the actual term and items are the same as were selected. If the actual term or items are different (i.e., type, quantity or size) than are listed on the Instant Quote email then Customer will pay the then list price for services as shown on the Livible website.
m) Guaranteed Savings. Company provides Guaranteed 15% Savings on its Site that provides visitors who are currently renting a self-storage unit in the Company’s service area with a fixed price rate that is 15% less than they pay now and that won’t change for as long as they remain a Customer. Company guarantees this rate provided Customer provides a copy of their most recent self-storage billing for the same unit and that the rate is a non-promotional or non-introductory rate. Company will pick-up the contents of the unit in accordance this Agreement and transport them to our secure warehouses for free. Additional pickups and deliveries will be billed at current prices for pickup, delivery and handling fees listed on the Livible website. Service Credits, worth up to $25 towards pickup, delivery and handling fees, may be provided under some promotions. If Customer has additional items picked up and stored, Company will bill monthly storage at the rate per cubic foot Customer would receive based on their total cubic feet stored including the pickup. If Customer has stored items delivered and it would cost them less for monthly storage to pay the list price they can change at any time and their new billing would take effect the 1st day of the next month.
n) 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.
o) 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; and, particle board and assembled furniture from IKEA and other manufacturers.
p) Protection Plans. Customer may purchase additional protection for their items stored with Company which includes coverage while items are being transported in Company vehicles by Company employees or Company contractors to and from Customer. Plans are available for $10/month for each $1,000 protected subject to a 10% deductible on claims. Protection plans are billed when coverage is added or changed then on the first day of each month. To be eligible to make a damage claim, coverage must be purchased prior to when the items are picked up and maintained at the same level for the entire storage term. If Customer does not pay their protection plan it will lapse and be cancelled in accordance with Sections 11. D and 11. E of this Agreement. Customer can cancel their plan at any time without penalty. There are no refunds. All other provisions of this Agreement, other than the increased liability limits and deductible, remain the same.
q) Termination of Storage Services. Either party may terminate the Storage Services 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 its sole discretion, can deliver the items to the current address provided by Customer.
r) Applicable Laws. 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 item and take appropriate action if Company has a reasonable belief that the terms and conditions regarding illegal activities or prohibited goods have been breached.
s) Livible Ecosystem Storage Services. The following terms apply to your use of our ecosystem Storage Services.
• Donate. You may donate your Property by instructing us to deliver your Property to a charitable organization. When you elect to donate your Property, we will determine, in our sole discretion, the charitable organization to which your Property is donated and when it is physically delivered to that organization.
• Sell. You may offer your Property for sale. If you elect to use this Service, you will establish the price offered and we will list your Property for sale through a third-party service. Your property will be listed as offered for sale by Livible and we will not identify you in the sale process. Without limiting anything otherwise set forth in this Agreement, you agree to hold Livible harmless for the failure of a buyer of your Property to fully pay you. Livible reserves the right to establish additional requirements for you and for any third-party buyers to utilize this offering.
• Share. You may share your Property with other Livible users by instructing us to delivery your Property to the address of another Livible user.
• Transfer. You may transfer your Property to other Livible users by instructing us to change the ownership of your Property to the account of another Livible user.
• Disclaimer and Hold Harmless. Without limiting anything otherwise set forth in this Agreement, you agree to hold Livible harmless for any damages, costs or other expenses incurred by you in connection with the actions, performance or failure thereof (including any damages you may incur) by any third party with whom you interact in connection with the ecosystem Storage Services. If you elect to use the ecosystem Storage Services, you agree to hold us harmless against any damages, losses or costs that you incur as a result, including but not limited to damage to or loss of your property, failure to pay, or claims made by such third parties against you.
- SPECIAL TERMS FOR WAYFORTH CUSTOMERS; STORAGE VAULTS; ITEMS PACKED BY WAYFORTH; HUMIDITY OR TEMPERATURE CONTROL. Livible provides certain services to customers of Legacy Navigator, LLC DBA WayForth and TAD Relocation (together “WayForth“). WayForth provides a range of services including packing, unpacking and moving of customer items and Wayforth is responsible for all of such services. Where WayForth customers are utilizing those special storage, auctioning or item sales services which are made available by Livible to WayForth, Livible is responsible for all of such services. In addition to the normal services set forth in these Terms of Service, Customers of WayForth are also eligble to receive the following special services and pricing from Livible as follows:
a) Wooden Storage Vaults. Livible will provide WayForth customers with the option to store their items in wooden storage vaults which have exterior dimensions 5’x7’x7’ (the “Vaults”) or to obtain full service storage. Items stored in Vaults must not beProhibited Goods and must be packed by WayForth, and will remain under the care and control of WayForth until received at the Livible facility for storage. The items inside the Vault will not be individually retrievable. WayForth customers will pay the then current monthly storage cost for a Vault, currently $60. The storage cost may be changed at any time by Livible. WayForth customers may obtain full service storage or convert from a Vault to full-service storage by paying the then list price for a pickup, currently $18 plus $0.59 per cubic foot for the items in the vault. Customers converting from Vaults will receive special WayForth customer pricing for monthly storage, currently $0.49 per cubic foot. The storage cost may be changed at any time by Livible.
b) Prohibited Items Packed by WayForth. Under section 11(h), Livible does not generally provide storage or any other services for Prohibited Goods. For WayForth customers, however, Livible will provide storage for Prohibited Goods which are: (i) labelled, photographed for pre-existing condition or damage using Livible technology; and, (ii) packed by and then remain under the care and control of WayForth until received at the Livible facility for storage; and (iii) consist of legal documents, antiques, fine art, furs or garments trimmed with fur.
c) Humidity or Temperature Control. Unless agreed to in writing prior to the goods being tendered to Livible for storage, WayForth customer items which are sensitive to variations in temperature or humidity shall be Prohibited Goods and will not be stored.
d) Additional Authorized Users. WayForth customers may authorize Livible to provide access to your account, including sharing your login credentials and resetting your password, to the additional authorized individuals. Please send via email or postal mail a message indicating who is to be provided such access together with their name, email address, telephone number and relationship to you. WayForth customers further acknowledge and agree that this information, as well as any other information provided to Livible as part of its storage services, may be shared with WayForth, and that WayForth may have access to storage information as part of its provision of services.