TERMS OF USE

TERMS OF USE

 

Date of Last Revision: May 2021

Welcome to LivDao.com. This website and related services are operated by LivDao Inc. (hereafter, “us”, “we”, “our”, “LivDao”, or the “Company”). By registering, accessing, or in any way using our website at www. LivDao.com, any subdomain thereof, or any mobile version thereof (together as the “Site” or “Sites”), you (or the “User”) signify that you have read, understand, and agree to be bound by these Terms Of Use (or “Agreement").

 

By Clicking “I agree” on our registration form, you are agreeing to these Terms of Use and our other Site Policies, including our Privacy Policy, Furniture Purchase Agreement, and Service Agreement incorporated herein. If you do not agree to these Terms of Use, DO NOT click “I agree.”

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

  1. Other Policies Incorporated Herein. We have developed a Privacy Policy and Cookie Notice in order to inform you of practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy and Cookie Notice, which is incorporated into this Agreement, on our home page. Also included on the LivDao Sites and on our homepage, and also incorporated into this Agreement, are our Furniture Purchase Agreement, and Service Agreement. By agreeing to this Agreement, you also agree to the above-mentioned policies.

 

  1. Eligibility and Registration. You represent and warrant that you are above the age of majority in your state of residence. As a visitor to the Site, you need not be a Registered User of the Site. However, certain sections of this Site may require you to register, or otherwise may ask you to provide information to participate in certain features or to purchase certain Goods or Services. If registration is requested, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you, the User. You agree to immediately notify us of any unauthorized use of your registration or password.

 

  1. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself during registration (“Registration Data”); (b) maintain the security of your password and account information; and (c) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge that LivDao will use the email address you provide with your Registration Data as the primary method for communication.

 

  1. Your Use of the Site; Restrictions.
    1. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal use, and such other use for which the Site is intended., including the purchasing of Goods and Services. The User will not use the Site for any other purpose, without the Company's express prior written consent.

 

  1. You agree not to use the Site or to authorize any other person to use the Site to:
    1. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
    2. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means;
  • use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  1. use automated scripts to collect information from or otherwise interact with the Site; or
  2. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

 

  1. Card Processing.
    1. Unless agreed to otherwise in writing, all payments shall be made to LivDao or a payment processor acting on LivDao's behalf charging Your credit card or debit card (in each case, Your "Card"). You agree that LivDao or a payment processor acting on LivDao's behalf can automatically charge Your Card for any and all fees arising out of or related to Your purchase of Goods and Services. All amounts are in US Dollars only. Your grant of this authority is irrevocable.

 

  1. Since Your use of Your Card may be limited by Your agreement with Your financial institution and/or by applicable law, LivDao is not liable to You if LivDao does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account. LivDao's payment processor may post operating rules related to payment on its Site and change such rules from time to time.

 

  1. Any amounts charged by LivDao pursuant to this Agreement shall not include any local, state, federal or other taxes, levies or duties of any nature ("Taxes"). You are responsible for paying all Taxes in connection with any purchase of an Item, excluding only Taxes based on LivDao's income. If LivDao has the legal obligation to pay or collect Taxes for which You are responsible under this section, the appropriate amount shall be invoiced to and paid by You unless You provide LivDao with a valid tax exemption certificate authorized by the appropriate taxing authority.

 

  1. Any amounts charged by LivDao pursuant to this Agreement shall include any Card banking or other payment processing fees that LivDao incurs in processing Your payments.

 

  1. The receipt or acceptance by LivDao of any payment made by You hereunder shall not prevent LivDao from subsequently challenging the validity or accuracy of such payment.

 

  1. Intellectual Property Rights of LivDao.
    1. LivDao’s Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "LivDao Content"), are the property of LivDao, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the LivDao Content. No LivDao Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.

 

  1. LivDao’s Copyright and Trademarks. LivDao and other Company names, graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law copyright, trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company's copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
  2. No Intellectual Property Infringement Permitted. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
  1. User-Submitted Content and Your License to LivDao.
    1. Your License to LivDao. The Site enables you to provide uploads, text, photos, audio, video, information, feedback, and other content (collectively, “User-Submitted Content”). By providing User-Submitted Content, you grant LivDao a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, display, perform, prepare derivative works of, distribute, publish, and otherwise exploit that User-Submitted Content, without limitation.
    2. No Intellectual Property Infringement Permitted. You are solely responsible for all User-Submitted Content that you provide and warrant that you either own it or are authorized to grant LivDao the rights described in these Terms of Use. You are responsible and liable if any of your User-Submitted Content violates or infringes the intellectual property or privacy rights of any third party.
  2. Site Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services provided by you are non-confidential and shall become the sole property of the Site. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. Changes and Modifications. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms Of Use at any time without further notice, provided that we post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site.It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 

  1. Term. This Agreement will remain in full force and effect while you use the Site and/or are a Registered User. The Company may terminate your registration, delete your account and any content or information that you have provided on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, including if you violate this Agreement or are engaged in illegal or fraudulent use of our service, at any time in its sole discretion, with or without notice. You may terminate your registration at any time for any reason as well; however, the Company may retain Your Registration Data and User Content (as defined herein). Even after your membership is terminated, certain sections of this Agreement will remain in effect; see [Survival] below for a list of the provisions of this Agreement that will survive the termination of your Registration.

 

  1. Disclaimers and Limitations on Liability.

 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF LIVDAO TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

 

  1. THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIVDAO DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED

 

  1. IN NO EVENT WILL LIVDAO OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF LIVDAO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIVDAO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE WEBSITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED THE AMOUNT PAID BY YOU TO LIVDAO IN THE PRECEDING 6 MONTHS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO LIVDAO FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM LIVDAO, REGARDLESS OF THE CAUSE OF ACTION.

 

  1. Indemnity. You agree to indemnify, defend, and hold harmless LivDao and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Good or Services, your conduct in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.

 

  1. Force Majeure. LivDao is not in default of this Agreement for any failure or delay in performance to the extent caused by acts or circumstances beyond LivDao’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, epidemic, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, internet traffic or outage, or power outage.

 

  1. Governing Law; Venue and Jurisdiction. While the Sites can be accessed in different countries all over the world, by visiting or using the Sites, you agree that the laws of the United States shall apply to any actions or claims arising out of or in relation to this Agreement or your use of the Sites, without regard to conflicts of laws principles thereof. Your further agree that the laws of the State of New York without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in New York.
  2. Alternative Dispute Resolution.
    1. Mandatory Mediation and Arbitration. You and the Company agree that all disputes, controversies or differences that may arise between the parties hereto, out of or in relation to or in connection with this Agreement ("Dispute(s)"), and that cannot be resolved between the parties, shall be submitted first to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in New York in accordance with the Consumer Procedures and Rules of the American Arbitration Association.  You understand and hereby agree that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated.  In addition, Disputes brought to arbitration pursuant to these Terms of Use may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties.  No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration.
    2. Arbitration Exceptions. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property, or unauthorized access to the Service. Nothing in these Terms of Use shall affect any non-waivable statutory rights that apply to you. To the extent any claim, dispute or controversy regarding LivDao or our Service isn’t arbitrable under applicable laws or otherwise, you and LivDao both agree that any claim or dispute regarding LivDao will be resolved exclusively in accordance within the agreements of these Terms of Use.
    3. Arbitration Timing. We and you agree that for any Disputes we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
  3. Miscellaneous.
    1. Copyright Notifications. If you believe that Content on the Sites infringes copyrights, please notify us through email.
    2. Government Use. If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
    3. No Class Actions, Class Arbitrations, or Representative Actions. We and you each agree that if you are a LivDao user located in the United States, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
    4. Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of the LivDao Sites.
    5. Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of the LivDao Sites, or materials or services received through the LivDao Sites, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
    6. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Governing Law; Venue and Jurisdiction), (Alternative Dispute Resolution), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).
    7. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.
    8. Agreement Severability. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms of Use and shall not affect the validity and enforceability of the remaining provisions
    9. Language. Our Terms of Use are written in English (U.S.). Should we provide any translated version of our Terms of Use and it conflicts with the English version, the English version controls.
    10. Assignability. All of our rights and obligations under our Terms of Use are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
    11. No Transfers. You may not transfer any of your rights or obligations under our Terms of Use to anyone else without our prior written consent.
    12. No Beneficiary Rights. Except as specifically stated herein, our Terms of Use do not give any third-party beneficiary rights.
    13. Non-Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

These Terms of Use were last updated in May 2021.