LITAVIS’S TERMS
AND CONDITIONS / TERMS OF SERVICE
Last Update: July 31, 2021
I. General Terms.
These
Terms of Service and Additional Terms and Conditions (“Agreement”) set forth
the terms and conditions that apply to your access and use of Litavis.com,
mobile App, and additional services that may be offered (“Litavis Service(s)”
or “Services”) as owned and operated by Litavis, LLC., its subsidiaries,
affiliates, any and all third parties used by Litavis, LLC for the purposes of
executing Litavis’s Payment Policy and any Agreement between you and Litavis,
LLC (“Litavis”). The terms “Litavis Management,” “Litavis Home,” “Litavis Home
Services,” and “Litavis Tenant Alliance” shall also mean “Litavis, LLC”. “Litavis®,” “Litavis
Tenant Alliance®,” “Litavis Management®,” “Litavis Home
Services®,” and “Litavis Home®” are all registered
trademarks of Litavis, LLC. As
used in this Agreement, the term "Site" includes all Litavis Services
websites, pages that are associated with or within each website and all
devices, applications or services that Litavis operates or offers. By using the
information, tools, features, software and functionality including content,
updates and new releases provided by Litavis of the Litavis Services, you agree
to be bound by this Agreement, whether you are a “Visitor” (which means that
you simply browse the Litavis.com website), or a “Customer” (which means that
you have registered for an account with us to use any one of our Services.) The
term “you,” “your,” or “User” refers to a Visitor, Member or Customer. The term
“we” refers to Litavis. The term “Perspective Client” means any person or
persons who is viewing the room and apartment that you currently occupy either
virtually or in person for the purposes replacing your occupancy of that room. The
terms “Outside Recipient” and “Outside Recipients” shall mean an individual,
business, or entity, other than Litavis, receiving payments from you. The terms
“Client Agreement” and “New Client Agreement” refer to the contract or contacts
signed by you and Litavis. The term “Guest Agreement” refers to the contract
signed by you and a lessee. The term “Form” refers to the online or paper form
where you submitted personal, banking, credit card, payment, guarantor
information, data, and/or answers to Litavis. The term “Affiliate” means any
entity directly or indirectly controlling, controlled by or under common
control with a party as of the date of this Agreement, e.g., a subsidiary,
sister or parent corporation. The term “Representatives” refers to the
directors, officers, employees, agents or other Representatives, including,
without limitation, attorneys, contractors, accountants, consultants,
investment bankers, financial advisors and lenders of either Party. The terms,
“Third Party” and “Third Parties” shall be defined as any individual(s) or
entity or entities not defined within this Agreement. The term “Form” refers to
the online or paper form where you submitted personal, banking, credit card,
payment, guarantor information, data, and/or any other information to Litavis.
“Primary Payment Method” shall refer to your preferred way of paying your
monthly bills. “Secondary Payment Method” shall refer to an alternative method
of paying your monthly bill if your Primary Payment Method isn’t available. The
term “Bank” shall mean a bank, loan association, or trust company incorporated
and doing business under the laws of the United States (including laws relating
to the District of Columbia) or of any State, a substantial part of the
business of which consists of receiving deposits and making loans and discounts,
or of exercising fiduciary powers similar to those permitted to national banks
under authority of the Comptroller of the Currency, and which is subject by law
to supervision and examination by State or Federal authority having supervision
over banking institutions with which Litavis and/or any affiliate of Litavis
and/or any third party doing business with Litavis, has a professional
relationship.
By accepting
electronically (for example, clicking “I Agree”), installing, accessing or
using the Services, you agree to be bound by the terms and conditions of this
Agreement and Litavis Privacy and Security Policy, as they may be amended from
time to time in the future (see “Modifications” below). If you do not agree to
this Agreement, then you may not use the Services.
1. Accepting the
Terms.
If you wish to become
a Customer or want to make use of the Services, you
must read this Agreement and indicate your acceptance during
the registration process.
You may not use any of
the Services and you may not accept this Agreement if you are not legally
authorized to accept and be bound by these terms or are not at least 18 years
of age and, in any event, of a legal age to form a binding contract with
Litavis. You represent that you have authority to enter into this Agreement on
your own behalf and on behalf of any person or organization for which you act.
Before you continue,
you should print or save a local copy of this Agreement for your records.
2.
Privacy and Your Personal Information
You can view the Litavis Privacy Policy here and on the Site for the Services. You agree
to the applicable Litavis Privacy Policy, and any changes published by Litavis.
You agree that Litavis may use and maintain your data according to the
Litavis’s Privacy Statement, as part of the Services. By using the Services,
you agree to, and are bound by, the terms of Litavis’s Privacy Policy which is
incorporated by reference into this Agreement as if it were set forth herein in
its entirety. You give Litavis permission to combine information you enter or
upload for the Services with that of other users of the Services and/or other
Litavis services. For example, this means that Litavis may use your and other
users’ non-identifiable, aggregated data to improve the Services or to design
promotions. Litavis may access or store personal information in multiple
countries, including countries outside of your own country to the extent
permitted by applicable law.
California Consumer Privacy Act. For the
purposes of the California Consumer Privacy Act (“CCPA”), Litavis shall be
considered a Business and/or Third Party, as applicable. Where Litavis acts as
a Third Party, you represent, warrant and covenant that all Personal
Information provided or otherwise made available to Litavis is done so in
compliance with applicable law, and that you have provided all necessary and
appropriate notices and opt-outs, and otherwise have all necessary and
appropriate rights, to enable Litavis to
(i)
share any and all
Personal Information you provided with any Litavis company, including Litavis
Inc. and any parent, subsidiary, affiliate, or related company of Litavis Inc.
(collectively, the “Litavis Family Companies”), and
(ii)
use any such
Personal Information in connection with any and all Litavis Family Companies’
internal operations and functions, including, but not limited to, improving
such Litavis Family Companies’ products and/or services, operational analytics
and reporting, internal financial reporting and analysis, audit functions and
archival purposes. Notwithstanding the foregoing, the parties agree that the
sharing of Personal Information between Litavis Family Companies does not
constitute a “sale” of such Personal Information under the CCPA.
Capitalized terms in this paragraph have the meanings given those terms under
the CCPA.
3. Description of Services.
Litavis is a tenant-oriented home and
management service that allows you to directly pay your rental bills to a
landlord or real property management company, lessee, or other, Outside
Recipient (a third party). Litavis empowers you to customize your home how you want
it by offering a multitude of tenant-oriented services including management of
utilities, cable,
internet, property management and leasing, maintenance, furnishings,
appliances, and common household goods. We also offer twenty-four seven human availability
at no extra charge as well as additional premium concierge services. Litavis is an independent company and not
affiliated with the owner of the building, nor any third
party entity contracted by the building owner. Litavis is not a conduit
for landlord-tenant matters.
The
Services may also present you information relating to third party products or
services (“Litavis Offers”) that you may be interested in as well as provide
you general tips, recommendations and educational material.
4. Litavis Electronic
Delivery Consent.
Litavis wants to
make it easy for you to receive paperless delivery of records electronically[i] about your
Litavis payments, bills, accounts, policies, contracts, products and services
you obtain and maintain during the course of your relationship with us and the
transactions you make with or through us (collectively “Litavis Products and
Services”). With paperless delivery, you can securely receive all of your
“Documents” electronically when and where you want to receive them, whether you’re home or away.
As used in this Electronic Delivery Consent,
the term “Documents” at a minimum includes, but is not limited to,
correspondence, transaction records, required disclosures (including, but not
limited to, prospectuses and brochures), forms, notices, Product Agreements[ii], statements
(including, but not limited to, confirmations and periodic reports), bills, tax
forms, binding legal agreements, communications reflecting our decisions
regarding your online transactions (including, but not limited to, adverse
action notices), communications confirming selections made by you as shown in
your Preference Settings on Litavismanagement.com (if and when available), any
site Litavismangement.com redirects to as owned by Litavis, LLC (if and when available), and other
information concerning your Litavis Products and Services sent or provided to
you by or on behalf of Litavis.
We provide electronic delivery of most of your
Documents via email. You can file, print or download any of your electronic
Documents until they expire. We recommend that you print or save the electronic
Documents and keep them safely for your records.
Documents provided electronically will be
deemed delivered unless Litavis receives an automated email stating that the
email address was unable to be reached, regardless of whether or not a
notification is sent to you and whether or not you access them or open the
email.
If you want to receive Documents related to
your Litavis Products and Services electronically, you must provide us with a
valid email address (or have a valid email address on file with us), establish
a Litavis Profile (if and when applicable) and satisfy the hardware and
software requirements described below.
Whether or not you have consented for us to
provide Documents to you electronically, we may always, at our option, choose
to deliver the original and/or a courtesy duplicate copy of certain Documents
to you on paper, without further advance notice to you, at your mailing address
on file with us.
By clicking “I Agree, Accept, Next, Submit, or
Save”, as the case may be, you acknowledge that you: (a) have received,
understand and agree to this Electronic Delivery Consent; (b) understand,
agree, and consent for Litavis to provide to you electronically Documents
concerning all of your Litavis Products and Services; and (c) you certify that
you meet the following hardware and software requirements:
(1)You have a
computer with a working current version of a web browser compatible with
Litavis’s website and/or Mobile Application, access to the internet, at least
16 MB of available memory, a telephone, broadband or other internet access
device, the ability to download and to print documents, and a current version
of Adobe's Acrobat Reader software, which you can download and install free by
clicking on the link provided. https://get.adobe.com/reader; and
(2) You have a valid and designated email
address on file with Litavis which you agree to keep up-to-date by informing
Litavis via email in the event that it changes.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still
provide these notices to us on paper, unless we specifically tell you in
another communication how you may deliver that notice to us electronically.
If you are completing an application or
transaction on Litavis.com and do not wish to proceed with this Electronic
Delivery Consent, then do not click “I Agree, Next, Submit, or Save” in your
application or transaction. In some cases, if you do not consent to electronic
delivery, then to complete your application or transaction you instead will
need to email Litavis at info@litavismanagement.com and a customer
service representative will assist you for a paper application. There is a
twenty ($20) dollar fee for paper applications.
If you believe that you have made an error in
your selection of delivery preferences, or if you have questions about your
delivery options, please email Litavis.
You may request a paper copy of a Document
that we delivered to you electronically at any time by emailing us. Where allowed
by law, we may charge a reasonable fee, not to exceed thirty ($30) dollars,
excluding shipping costs for delivery of a paper copy or impose other
consequences not to exceed fifty ($50) dollars.
Subject to applicable law, you may withdraw
your consent for electronic delivery at any time by emailing Litavis. Your
withdrawal of consent is effective only after you have communicated your
withdrawal to Litavis, as applicable, by emailing Litavis and we have had a
reasonable period of time to act upon your withdrawal. Withdrawing your consent
will only affect the delivery of electronic Documents and will not affect the
enforceability of any transaction or any other section or clause of this
Agreement. Any Documents already provided electronically will not be re-sent
unless specifically requested. Where allowed by law, a reasonable fee may be
charged for paper copies of already-provided electronic Documents not to exceed
thirty ($30) dollars excluding shipping costs. We will not impose any fee when
you withdraw your consent for electronic delivery.
If your email address or other contact
information changes, you need to let us know promptly by emailing us.
To help the
government fight identity theft, fraud, and financial crimes, Litavis is
required to obtain and verify your name, date of birth, address, social
security number, banking information, and government-issued ID number. In
certain circumstances, Litavis may obtain and verify comparable information for
any person linked to the Form you have submitted to Litavis (e.g.
yourself or a guarantor). In certain circumstances we may require verification
of your credit score. We may put your payment method on hold for review. If you
do not cooperate with our review process, your payment may be delayed or
declined. We reserve the right to limit or refuse your use of a particular
payment method for any reason in our sole discretion. Our decision to refuse
payment with cause shall be considered non-payment by User. You may be denied access
to the premises and your Guest Agreement with lessee may be null and void if
Litavis cannot obtain and verify this information. Litavis will not be
responsible for any losses or damages that may result from Litavis not being
able to obtain or verify the information provided in your Form.
6. Account
Information from Third Party Sites
Users may direct
Litavis to retrieve their own information maintained online by third parties
with which they have customer relationships, maintain accounts or engage in financial
transactions (“Account Information”). Litavis works with one or more online
service providers to access this Account Information. Litavis does not review
the Account Information for accuracy, legality or non-infringement. Litavis is
not responsible for the Account Information or products and services offered by
or on third party sites.
Litavis cannot always
foresee or anticipate technical or other difficulties which may result in
failure to obtain data or loss of data, personalization settings or other
service interruptions. Litavis cannot assume responsibility for the timeliness,
accuracy, deletion, non-delivery or failure to store any user data,
communications or personalization settings. Such information may be more
up-to-date when obtained directly from the relevant sites. You can refresh your
Account Information through the Services, in the manner prescribed in the
associated instructions.
7. Litavis’s Offers
and Third party Links
The Services may include sponsored links from advertisers. The
Services may display Litavis Offers that may be custom matched to you based on
information stored in the Services, queries made through the Services or other
information. We may disclose when a particular Litavis Offer is sponsored or
otherwise provided by a third party.
In connection with Litavis Offers, the Services will provide
links to other web sites belonging to Litavis advertisers and other third
parties. Litavis Offers are provided to you as a convenience. Litavis does not
endorse, warrant or guarantee the products or services available through the
Litavis Offers (or any other third party products or
services advertised on or linked from our site), whether or not sponsored.
Litavis is not an agent or broker or otherwise responsible for the activities
or policies of those web sites. Litavis does not guarantee that the loan,
investment, plan or other service terms, rates or rewards offered by any
particular advertiser or other third party on the Sites are actually the terms
that may be offered to you if you pursue the offer or that they are the best
terms or lowest rates available in the market. Information in the Litavis
Offers are provided by the third parties, and any offer is subject to the third
parties’ review of your information. Litavis may receive compensation from
third parties which may impact the placement and availability of the Litavis
Offers.
If you elect to use or purchase services from third parties, you
are subject to their terms and conditions and privacy policy. It is your
responsibility to review and understand all third party
terms and conditions. We are not responsible or liable for the performance of
any Third Party Services. Further, you agree to
resolve any disagreement between you and a third party regarding the terms and
conditions of any Third Party Services with that third
party directly in accordance with the terms and conditions of that
relationship, and not Litavis. The Services may contain links to third party
websites. The inclusion of a link to a third party
website does not imply an approval, endorsement, or recommendation by Litavis.
Such third party websites are not governed by this
Agreement. You access any such website at your own risk. We expressly disclaim
any liability for these websites. When you use a link to go from the Services
to a third party website, our Privacy Policy is no
longer in effect.
Your browsing and
interaction on a third party website, including those that have a link in the
Services is subject to that website’s own terms, rules and policies.
8. Your Registration
Information and Electronic Communications.
In order to allow you
to use the Services, you may be required to sign up for an account with
Litavis. Eligibility Requirements. In order to use the Services, you must (i) be an individual of at least 18 years of age and able to
form legally binding contracts under applicable law, (ii) have a valid and
active e-mail address; and (iii) have a valid deposit account at a
Litavis-supported bank or payment card issued by a United States bank .Other restrictions may apply.
We may verify your
identity. You authorize us to make any inquiries we consider necessary to
validate your identity. These inquiries may include asking you for further
information, requiring you to provide your full address, your date of birth,
address, phone number, your social security number, login ID, strong password
(collectively, your “Registration Information”) and/or requiring you to take
steps to confirm ownership of your email address or financial instruments, information
associated with your business, ordering a credit report, or verifying
information you provide against third party databases or through other sources.
You authorize Litavis, directly or through third parties, to make any inquiries
we consider necessary to verify your and/or your business’ identity. We may
also request additional information, after you have created your Account. You
agree to provide true, accurate and complete Registration Information and to
notify us promptly if any of your Registration Information, including your
email address, changes. If you do not provide this information or Litavis
cannot verify your identity, we can refuse to allow you to use the Services.
You agree and
understand that you are responsible for maintaining the confidentiality of your
password and other authentication details. Litavis is not liable for any loss
or damages caused by your failure to maintain the confidentiality of your
Account credentials. Your password with your LoginID,
allows you to access the Sites. By providing us with your e-mail address, you
consent to receive all required notices and information. Electronic
communications may be posted on the Services site and/or delivered to your
e-mail address that we have on file for you. It is your responsibility to
promptly update us with your complete, accurate contact information, or change
your information, including email address, as appropriate. Notices will be
provided in HTML (or, if your system does not support HTML, in plain-text) in
the text of the e-mail or through a link to the appropriate page on our site,
accessible through any standard, commercially available internet browser. Your
consent to receive communications electronically is valid until you end your
relationship with us.
You may print a copy
of any electronic communications and retain it for your records. We reserve the
right to terminate or change how we provide electronic communications and will
provide you with appropriate notice in accordance with applicable law.
If you become aware of
any unauthorized use of your Registration or Account Information for the
Services, you agree to notify Litavis immediately at the email address security@litavismanagement.com.
If you believe that
your Registration or Account Information or device that you use to access the
Services has been lost or stolen, or that someone is using your account without
your permission, you must notify us immediately in order to minimize your
possible losses.
9. Payment
Verification and Processing
By paying Litavis, you
agree that all conditions of this Agreement have been fulfilled to your
satisfaction. You hereby forfeit any future claims regarding insufficient, unexpected
quality of, or untimely delivery of services.
Payment Method
Verification. Upon addition to your Account, your Bank Account may be verified
to confirm its validity. A temporary, small authorization charge may appear on
your bank statement. You authorize Litavis to credit your Bank Account with two
(2) different and random micro-deposits, which you will be required to enter
once prompted through the Services. You also authorize Litavis to debit your Bank
Account for the amounts of the two (2) micro deposits within ten (10) business
days.
When Litavis receives
a payment instruction, you authorize Litavis to debit your payment method and
remit funds on your behalf. You also authorize Litavis to credit your payment
method for payments returned to us by the Post Office or Outside Recipient, or
payments remitted to you on behalf of another authorized user of the Services.
Payment Method
Representations. When you add a payment method to your Account, you agree to
the following:
·
You have the authority to disclose the payment method
information and to bind the person or organization for which you act;
·
You authorize Litavis to initiate debit or credit entries, as
applicable, to the payment methods in accordance with instructions inputted
through the Services, and, if necessary, the initiation of adjustments for any
transactions debited or credited in error;
·
You acknowledge that transactions initiated from your payment
method must comply with the provisions of U.S. law; and
·
Your authorization will remain in effect until not later than
thirty (30) days after Litavis receives written notice from you of your desire
to cancel;
All payment method
usage associated to payments submitted via the Services are subject to existing
terms for your payment method, including any relevant credit or transactional
limits, credit and interest terms, and rewards programs. Where applicable, Litavis
(and to the extent applicable, Bank) retains all rights and authority for the
treatment of your payment methods via the Services, which:
·
may supersede your payment method program terms. For example,
Litavis may impose a transactional limit on your payment method for payments
via the Services, which may be a lower value than the amount allowed by your
program.
·
Payments may only be made to U.S. payment methods. We may, in
our sole discretion, impose limits on the size, frequency, and timing of
payments sent through the Services, on a per transaction or a cumulative basis,
and change those limits at any time.
ACH
Authorization. Where you choose to pay an Outside Recipient via ACH, you
authorize Litavis to debit your payment method, on your behalf, in increments
or as a lump sum and remit funds in accordance with your payment instructions that
you have submitted to Litavis through the ACH. You also give Litavis the right,
to act on your behalf, to resubmit any ACH debit that is returned for
insufficient or uncollected funds, or any other reason. You agree that payment
transactions will be governed by the rules established by NACHA, the Electronic
Payments Association, as in effect from time-to-time, under which you are an
"Originator", Litavis is a "Third Party Service Provider,"
and a bank (such as Bank) is the "Originating Depository Financial
Institution." By submitting the New Client Form to Litavis, you
acknowledge and agree that all information is true and accurate. You are SOLELY
responsible for all claims, demands, losses, liabilities and expenses
(including attorneys’ fees and costs) that result directly or indirectly from
your failure to perform your obligations under the NACHA rules and you indemnify
Litavis for the same.
Litavis uses Melio, Intuit, Stripe or BlueSnap
(“Processors”) or any of Processors’ subsidiaries to process payments.
Authorizations.
Treatment of Litavis authorizations is managed in the sole discretion of the
issuing banks. You agree to not to hold Litavis liable for any consequences
resulting from issuer treatment of card authorizations, which may include but
are not limited to cash advance fees, impacted reward program earnings, or
altered credit programs and interest rate terms.
At any time
post submission, your payment may be subject to review, which serves to better
understand the nature of and reason for your payment. During this review
process and for any reason, Litavis or Bank may place a temporary hold on the
delivery of your payment for as long as reasonably required to conduct an
appropriate inquiry regarding you, the Outside Recipient, your business, a
bill, payment history, and other relevant circumstances and factors.
You acknowledge that Litavis’s ability
to efficiently and effectively review your payment is reliant upon your
cooperation, and you absolve Litavis and third party
bank from any negative impacts to the delivery of your payment arising from
delayed, incomplete, or insufficient responses to our inquiries.
Depending on the results of this review, Litavis
may instruct the third party bank to clear the
payment, reverse the payment, or hold the payment pending instructions from a
government agency. Litavis also reserves the right to cancel any payment. In
such cases and as permitted by applicable law, your funds will be returned to
you via the original payment method, or if necessary
via other means.
11. Returned
Transactions.
Outside Recipients or the United
States Postal Service may return payments for various reasons such as, but not
limited to, Outside Recipient’s forwarding address expired, invalid bank
routing number, invalid bank account number, Outside Recipient remittance
address is not correct, Outside Recipient is unable to identify an account, or Outside Recipient
account is paid in full. In addition, an Outside Recipient may refuse to accept
a payment, and neither Litavis nor Bank will have liability for any resulting
loss or damage. Litavis will use commercially reasonable efforts to provide you
with notice of returned payments and will offer you through the Services the
choice whether to void and credit or void and reissue the payments. You agree
that neither Litavis nor Bank shall have any liability for any such returned
payments. Unless otherwise directed, Litavis will void such payments. You
hereby authorize Litavis or Bank to credit such payments to your payment
method.
12. Insufficient
Funds
You agree at all times to maintain sufficient
funds in your payment method to satisfy all obligations including returns,
reversals, and associated fees, and to add funds immediately if Litavis
notifies you that your funds are insufficient. Without limiting any other
available remedies, if any payment initiated from your payment method is
returned because of insufficient funds, you must reimburse Litavis (or to the
extent applicable, Bank) for any corresponding payment amount immediately upon
demand, plus exceptions processing fees, plus any bank fees, charges or
penalties for return items. Litavis or Bank also reserves the right to debit an
Outside Recipient’s account for money paid to the Outside Recipient on your
behalf if your payment is returned because of insufficient funds or any other
reason. Each of Litavis and Bank reserves the right to withhold funds from a
payment to an Outside Recipient if the Payor has an outstanding balance with Litavis.
You shall be solely responsible for all penalties, interest charges, late
payment fees and service fees resulting from such a debit to the Outside
Recipient.
13. Payment
Cancellation Requests
Scheduled payments may be cancelled,
rescheduled or modified by following the directions through the Services. There
is no charge for canceling, rescheduling or modifying a payment before it is
processed. However, once Litavis or Bank has begun processing a payment, it
cannot be cancelled, rescheduled or modified, and you must submit a stop
payment request.
14. Chargebacks
In the event that you as Payor initiate a
chargeback, clawback, or ACH return for a payment
that has already been transmitted to the Outside Recipient, you agree to assign
to Litavis any claims against your Outside Recipient associated with such
chargeback, clawback or ACH return. You further agree
that we may contact your Outside Recipient directly to request reimbursement
for any payment that has been transmitted to the Outside Recipient and for
which you have initiated a chargeback, clawback, or
ACH return.
In the event that Litavis receives a
chargeback, clawback or ACH return, you as Outside
Recipient authorize Litavis to debit your Payment Method on file for the amount
of the chargeback plus any associated fees or to withhold funds from future
distributions.
15.
Stop Payment Requests
Litavis’s ability to process a stop payment
request depends on the payment method and whether or not a check has been
cleared. Litavis and Bank must have a reasonable opportunity to act on any stop
payment request after a payment has been processed. You must contact Litavis to
stop any payment that has already been processed. Although Litavis will use
commercially reasonable efforts to accommodate stop payment requests, neither Litavis
nor Bank will have any liability for failing to do so. Stop payment requests
will incur the charges set forth through the Services.
In certain situations
following a payment submission, you may request a refund by contacting Litavis
at support@litavismanagement.com. The availability of refunds and processes
for their execution are dependent on the disbursement channels by which
payments are delivered to Outside Recipients. Litavis is usually unable to
issue partial refunds. Litavis is also unable to initiate refunds in cases
where an Outside Recipient has already received your payment. If this is the
case, you should contact your Outside Recipient directly to request a refund,
pursuant to their payment terms.
In the event of a refund, Litavis will also
refund a proportional amount of the Litavis Fee, less any unrecoverable costs Litavis
or Bank may incur. Principal refunds effected via clawback
or chargeback mechanisms, however, will not result in a refund of the Litavis
Fee, in whole or in part.
Litavis may refund electronic payments,
including those delivered via Electronic Fund Transfer (“EFT”), ACH and card
network providers, prior to their disbursement.
Litavis may refund payments disbursed via
check prior to their deposit by your Outside Recipient. If Litavis has already
sent a check, we may place a “stop payment” request to ensure it cannot be
deposited. In such cases, we suggest that you contact your Outside Recipient to
let it know not to deposit the stopped check. If your Outside Recipient
attempts to deposit a stopped check, it may be charged a fee from its bank for
the exception, which it may attempt to assign to you. You accept the
responsibility of notifying your Outside Recipient to not deposit your check,
and you agree not to hold Litavis or Bank liable for any costs you may incur
from your Outside Recipient in such a case.
16. Litavis’s Fees
These are general fees that Litavis may
charge. Please refer to your specific contract for additional fees that pertain
to your Agreement with Litavis.
You understand and agree that Litavis may
charge fees for access to and use of the Litavis Services. Fees will be charged
to your payment method, either in a separate transaction from any principal
payments or in a single transaction including both amounts, depending on
applicable rules.
Fees for immediately processed payments are
charged in real-time upon submission. Fees for Scheduled payments are locked in
at time of submission and will be charged on the date the payment is processed.
If a scheduled payment is edited prior to its process date, the applicable fee
will be recalculated based on the presently defined rules.
Fees may vary, depending upon factors
including but not limited to the payment’s Outside Recipient, the payment
method, and other variables both which may or may not be controlled by Litavis.
Fees are subject to change at any time without prior notice and are calculated
in real time and presented to you during review of your payment, prior to
submission or edit.
17. Applicable Taxes
and Penalties.
You are responsible for all, if any,
applicable taxes arising from your use of the Services. You are furthermore
responsible for all fees, fines, penalties and other liability incurred by Litavis,
yourself, or a third party caused by or arising out of your breach of this
Agreement, and/or your use of the Services. You agree to reimburse Litavis or a
third party for any and all such liability.
In the event that you are liable for
any amounts owed to Litavis or Bank, Litavis (on its own behalf and on behalf
of Bank) may initiate a transaction via your default payment method or other
available payment methods to pay any such amounts. If you do not have
sufficient funds available to fulfill such payment, Litavis (on its own behalf
and on behalf of Bank) may engage in collection efforts and/or other legal
actions to recover such amounts from you.
18.
Usage of Third Party
Apps
We strongly recommend
not using any third party apps due to the elevated risks involved with
lost payment, mismanaged payments, and/or late payments. YOU ARE SOLELY
RESPONSIBLE FOR ENSURING THAT LITAVIS RECEIVES YOUR PAYMENTS, IN FULL, BY THE
TIME AGREED TO IN YOUR NEW CLIENT AGREEMENT and/or any other Agreement that you
may have with Litavis.
You must allow for sufficient time per payment for that payment
to be delivered on or prior to the bill’s due date. Typically, it takes two to three full business days after a payment
is sent electronically. Note, however, that the expected delivery timeframe is
a projected estimate based on Litavis’s historical performance for a given
disbursement channel, and is subject to change.
Payments submitted for immediate processing will require
successful payment method authorization at time of submission. LITAVIS DOES NOT
ACCEPT PAPER CHECKS.
YOU ARE SOLELY
RESPONSIBLE FOR ANY FEES INCURRED TO EITHER YOU OR LITAVIS. FEES INCURRED BY
LITAVIS BY A THRID-PARTY WILL BE ADDED TO YOUR NEXT BILL AND YOUR FULL PAYMENT
WILL BE CONSIDERED LATE IN WHICH CASE, LITAVIS MAY CHARGE YOU ADDITIONAL FEES. YOU
RELEASE LITAVIS OF ANY AND ALL LIABILITY TO YOU BY USING A THIRD
PARTY APP OR WEBSITE. IF A THIRD PARTY APP DOES
NOT TRANSMIT THE FULL AMOUNT TO LITAVIS (E.g. charges a credit card fee), THEN
YOUR BILL IS NOT CONSIDERED FULLY PAID AND LITAVIS MAY CHARGE YOU
ADDITIONAL FEES AS PURSUANT TO YOUR “NEW CLIENT AGREEMENT” AND ANY OTHER AGREEMENT
BETWEEN YOU AND LITAVIS.
Generally, Litavis does not charge a fee for use of a third party apps or websites but please double check any
contracts / Agreements you have specifically with Litavis.
19.
Social Media Sites.
Litavis may provide experiences on social
media platforms such as Facebook®, Twitter® and LinkedIn® that enable online
sharing and collaboration among users who have registered to use them. Any
content you post, such as pictures, information, opinions, or any Personal
Information that you make available to other participants on these social
platforms, is subject to the Terms of Service and Privacy Policies of those
platforms. Please refer to those social media platforms to better understand
your rights and obligations with regard to such content.
20. Your Use of the
Service
Your right to access and use the Sites and the Services is
personal to you and is not transferable by you to any other person or entity.
You are only entitled to access and use the Sites and Services for lawful
purposes. Accurate records enable Litavis to provide the Services to you. You
must provide true, accurate, current and complete information about your
accounts maintained at other web sites, as requested in our forms, and you may
not misrepresent your Registration and Account Information. In order for the
Services to function effectively, you must also keep your Registration and
Account Information up to date and accurate. If you do not do this, the
accuracy and effectiveness of the Services will be affected. You represent that
you are a legal owner of, and that you are authorized to provide us with, all
Registration and Account Information and other information necessary to
facilitate your use of
the Services.
Your access and use of the Services may be interrupted from time
to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of the
Services or other actions that Litavis, in its sole discretion, may elect to
take. In no event will Litavis be liable to any party for any loss, cost, or
damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or
non-performance of the Services, including any associated software or other
materials supplied in connection with such services, will be for Litavis to use
commercially reasonable efforts to effectuate an adjustment or repair of the
applicable service.
From time to time, Litavis may include new and/or updated
pre-release features and trial use (“Sneak Preview” features) in Services for
your use and which permit you to provide feedback. You understand and agree
that your use of Sneak Preview features is voluntary and Litavis is not
obligated to provide you with any Sneak Preview features. Furthermore, if you
decide to use the Sneak Preview features you agree to abide by any rules or
restrictions Litavis may place on them. You understand that once you use the
Sneak Preview features, you may be unable to revert back to the earlier version
of the same or similar feature. Additionally, if such reversion is possible,
you may not be able to return or restore data created within the Sneak Preview
feature back to the earlier version. The Sneak Preview features are provided on
an “as is” basis and may contain errors or inaccuracies that could cause
failures, corruption or loss of data and/or information from any connected
device. You acknowledge and agree that all use of the Sneak Preview features is
at your sole risk.
In an effort to reduce strain on User, you authorize Litavis to
pre-fill fields on any form, document, pdf, or email, you will submit to
Litavis or that Litavis will submit on your behalf. The pre-filled fields will
reflect the data entered for each corresponding or similar field that you have
submitted to Litavis. You agree and authorize Litavis to share this information
with any third party requesting such information as well as to execute any and
all contracts between you and Litavis.
21. Use with Your
Mobile Device.
Use
of these Services may be available through a compatible mobile device, Internet
and/or network access and may require software. You agree that you are solely
responsible for these requirements, including any applicable changes, updates
and fees as well as the terms of your agreement with your mobile device and
telecommunications provider. LITAVIS MAKES NO WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i)
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO
THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER
SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE
OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS
OR SETTINGS CONNECTED WITH THE SERVICES.
Litavis may from time
to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes to your account
or information, such as a change in your Registration Information.
Voluntary account
alerts may be turned on by default as part of the Services. They may then be
customized, deactivated or reactivated by you. These alerts allow you to choose
alert messages for your accounts. Litavis may add new alerts from time to time,
or cease to provide certain alerts at any time upon its sole discretion. Each
alert has different options available, and you may be asked to select from
among these options upon activation of your alerts service.
You understand and
agree that any alerts provided to you through the Services may be delayed or
prevented by a variety of factors. Litavis may make commercially reasonable
efforts to provide alerts in a timely manner with accurate information, but
cannot guarantee the delivery, timeliness, or accuracy of the content of any
alert. Litavis will not be liable for any delays, failure to deliver, or
misdirected delivery of any alert; for any errors in the content of an alert;
or for any actions taken or not taken by you or any third party in reliance
on an alert.
Electronic alerts will
be sent to the email address or mobile number you have provided for the
Services. If your email address or your mobile number changes, you are
responsible for informing us of that change. Alerts may also be sent to a
mobile device that accepts text messages. Changes to your email address and
mobile number will apply to all of
your alerts.
Because alerts are not
encrypted, we will never include your passcode. However, alerts may include
your Login ID and some information about your accounts. Depending upon which
alerts you select, information such as an account balance or the due date for
your credit card payment may be included. Anyone with access to your email will
be able to view the content of these alerts. At any time
you may disable future alerts.
By
submitting information, data, passwords, usernames, PINs, other log-in
information, materials and other content to Litavis through the Services, you
are licensing that content to Litavis for the purpose of providing the
Services. Litavis may use and store the content in accordance with this
Agreement and our Privacy Statement. You represent that you are entitled to
submit it to Litavis for use for this purpose, without any obligation by Litavis
to pay any fees or be subject to any restrictions or limitations. By using the
Services, you expressly authorize Litavis to access your Account Information
maintained by identified third parties, on your behalf as your agent, and you
expressly authorize such third parties to disclose your information to us. When
you use the forms, you will be directly connected to the website for the third
party you have identified. Litavis will submit information including usernames
and passwords that you provide to log into the Site. You hereby authorize and
permit Litavis to use and store information submitted by you to accomplish the
foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For
purposes of this Agreement and solely to provide the Account Information to you
as part of the Services, you grant Litavis a limited power of attorney, and
appoint Litavis as your attorney-in-fact and agent, to access third party
sites, retrieve and use your information with the full power and authority to
do and perform each thing necessary in connection with such activities, as you
could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN LITAVIS IS CREATING, ACCESSING
AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, LITAVIS IS ACTING AS
YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT
OPERATES THE THIRD PARTY SITE. You understand and
agree that the Services are not sponsored or endorsed by any third parties
accessible through the Services. Litavis is not responsible for any payment
processing errors or fees or other Services-related issues, including those
issues that may arise from inaccurate account information. You further
grant Litavis the right to act as your agent to open an account in your name on
a third party site and/or application (“App”) using
the information that you provided to Litavis and for the purpose of
facilitating payments between you and any Outside Recipient. You authorize
Litavis to provide any third party with the information that you have submitted
to Litavis on the New Client Form or emailed to Litavis after you submitted the
Form, whichever is most recent, for the purposes of: (i)
opening, using, and maintaining an account on the third party
platform, website, and/or app and (ii) to execute your New Client Agreement
with Litavis and any subsequent modifications to your New Client Agreement or
other Agreement(s) between you and Litavis. You authorize Litavis to use the
account opened in your name on a third party website
or app to transmit payments from your account to one or more Outside Recipients
in accordance with your selection of a primary and secondary forms of payment
as submitted to Litavis on the New Client Form or emailed to Litavis after you
submitted the Form, whichever is most recent. You authorize Litavis to use a third party website and/or app to make withdrawals from your
account to the Outside Recipient for the amount owed by you to the Outside
Recipient and to make these withdrawals up to three times a month.
Using the information that you have provided Litavis either by
the New Client Form, any other form intended for Litavis, any electronic
communication and/or submission to Litavis, email, over the phone, text, VoIP,
postal mail, or courier service, you authorize Litavis to create an account in
your name on any third party site and to act on your
behalf on the third party site for the purposes of executing this Agreement to
charge you the Total (amount) each month. You authorize Litavis to charge the
credit card, debit card and/or withdraw money from your bank account (ACH) and
any account of which you provided any information to Litavis by using the
information provided to Litavis in the New Client Form, email, any other form
intended for Litavis, any electronic communication and/or submission to
Litavis, over the phone, text, VoIP, postal mail, or courier service, and to
make electronic withdrawals from the bank account according to the account
information provided to Litavis. You grant us the right, authorize us, and
direct us to interact with any third party on your behalf and to use your name
and other information provided by you to Litavis such as, but not limited to,
corresponding via email or any other medium with third party, submitting your
personal and/or financial information that you have provided to Litavis to
third party. This authorization remains in effect until you revoke it and
Litavis has time to act. You understand that these transactions must comply
with U.S. law; and that if your bank returns a payment, Litavis may add a
return payment fee. User understands and agrees that any fee charged by a third
party of one of the websites or apps used by Litavis (such as a credit card
fee), and/or Outside Recipient will be passed on to you. YOU ACKNOWLEDGE AND AGREE
THAT WHEN LITAVIS IS CHARGING A CREDIT OR DEBIT CARD OR WITHDRAWING MONEY FROM
YOUR ACCOUNT USING ACH INFORMATION THAT YOU PROVIDED TO LITAVIS, THAT, LITAVIS
IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD
PARTY THAT OPERATES THE THIRD PARTY SITE.
You
release Litavis of any and all liability of errors in transmission or receipt of
funds by any third party website or app or inability
of Outside Recipient to access said funds. You also release Litavis of any and
all liability of any errors in transmission or receipt of funds by any third party
if you provided Litavis with any incorrect or outdated information. You grant
Litavis ample time to remedy any errors that can be proven to be caused by
Litavis and will not seek any penalty nor compensation or file suit against
Litavis for any corrections that Litavis makes. You acknowledge and agree that
Litavis may correct errors that it notices may have been caused by third
parties and that any errors, no matter the cause, corrected by Litavis does not
constitute any acknowledgement or acceptance of Litavis’s involvement or
participation in any part of the error at any time whatsoever.
You may read the terms and conditions for Melio here their privacy policy here, and their
security statement here. You can find the terms and conditions for JotForm
here, their privacy policy here, and their security statement here.
24. Litavis’s
Intellectual Property Rights
The contents of the Services, including its “look and feel”
(e.g., text, graphics, images, logos and button icons), photographs, editorial
content, notices, software (including html-based computer programs) and other
material are protected under both United States and other applicable copyright,
trademark and other laws. The contents of the Services belong or are licensed
to Litavis or its software or content suppliers. Litavis grants you the right
to view and use the Services subject to these terms. You may download or print
a copy of information for the Services for your personal, internal and
non-commercial use only. Any distribution, reprint or electronic reproduction
of any content from the Services in whole or in part for any other purpose is
expressly prohibited without our prior written consent. You agree not to use,
nor permit any third party to use, the Site or the Services or content in a
manner that violates any applicable law, regulation or this Agreement.
Restricted Activities.
You agree that you will not:
If you have a payment use case which is not explicitly mentioned above,
and for which you would like to confirm support, please check with us by
emailing support@litavismanagement.com
Litavis may request
more information relating to your use of the Services to seek to identify the
restricted activities identified this section above (“Restricted Activities”).
You agree to cooperate in any investigation and to provide confirmation of your
identity and any information you provide to us, as we may require.
If we have reason to
believe that you have engaged in any Restricted Activities or that you have
used our Services inappropriately, Litavis or Bank (to the extent applicable)
reserves the right to, in its sole discretion and at any time, take any or all
of the following actions:
When not otherwise
obligated by regulatory or compliance considerations, Litavis will provide you
with notice of any such actions.
26. Rules for Posting
As part of the Services, Litavis may allow you to post content
on bulletin boards, blogs and at various other publicly available locations on
the Sites. These forums may be Lesseeed by Litavis or
by one of our third party service providers on Litavis’s
behalf. You agree in posting content to follow certain rules.
The Services may include a community forum or other social
features to exchange information with other users of the Services and the
public. Litavis does not support and is not responsible for the content in
these community forums. Please use respect when you interact with other users.
Do not reveal information that you do not want to make public. Users may post
hypertext links to content of third parties for which Litavis is not
responsible.
27. An Independent
Third Party
Litavis is an independent, third party service
that is not formally affiliated with your Outside Recipients. You acknowledge
and agree that your use of the Services does not in any way constitute a
tri-party agreement between you, Litavis, and your Outside Recipients.
Accordingly, Litavis
has no responsibility nor will be liable for any consequences resulting from
your interactions or contracts with Outside Recipients including but not
limited to payment terms, the proper and timely delivery of goods or services,
and any associated disputes which may arise. You further acknowledge that your
use of Litavis Services does not alter or affect any Outside Recipient payment
terms including but not limited to deadlines, payment plans, late fees, and
refunds. Litavis does not endorse, recommend, or bear any responsibility or
liability for any products, services or statements presented by Outside
Recipients. Outside Recipient statements and opinions are not representative of
Litavis or its business partners.
28. Disclaimer of
Representations and Warranties
THE SITES, SERVICES
AND ADD-ON SERVICES (COLLECTIVELY “SERVICES”), INFORMATION, DATA, FEATURES, AND
ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR
PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON
AN “AS-IS” AND “AS AVAILABLE” BASIS. LITAVIS, OUR SUPPLIERS AND OUR RESPECTIVE
OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, PARENTS,
SUBSIDIARIES, AFFILIATES, BENEFICIARIES, ASSOCIATES, BANK, SUCCESSORS, THIRD
PARTIES WITH WHICH LITAVIS DOES BUSINESS, LICENSORS, DISTRIBUTORS, OR ASSIGNS
(COLLECTIVELY, THE “LITAVIS PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF
THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK.
NEITHER LITAVIS OR THE
LITAVIS PARTIES MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON
THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY
DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE. THE LITAVIS PARTIES DO NOT MAKE ANY REPRESENTATION, WARRANTY OR
GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE
OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES
THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO
DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL
INFORMATION. THE LITAVIS PARTIES ALSO DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NEITHER THE LITAVIS PARTIES OR BANK ARE RESPONSIBLE FOR YOUR
FAILURE TO PERFORM OBLIGATIONS UNDER THE AGREEMENT AND DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY YOU, MELIO, INTUIT, STRIPE, BLUESNAP, BANK, OR ANY THIRD PARTY.
Neither Litavis
nor Bank has any control over the products or services that are paid for using
the Services and Litavis nor Bank can ensure that an Outside Recipient you are
dealing with will actually complete the transaction or is authorized to do so.
Litavis does not guarantee continuous, uninterrupted or secure access to any
part of our Service, and operation of our site may be interfered with by
numerous factors outside of our control. Litavis will make reasonable efforts
to ensure that requests for electronic debits and credits involving credit
cards are processed in a timely manner but Litavis makes no representations or
warranties regarding the amount of time needed to complete processing because
the Services are dependent upon many factors outside of our control, such as
delays in the banking system.
Some
jurisdictions do not allow the disclaimer of implied warranties, so the
foregoing disclaimers may not apply to you.
29. Limitations on
Litavis’s Liability
IN NO EVENT SHALL THE
LITAVIS PARTIES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, INCOME, DATA, REVENUE OR
BUSINESS, OR INTERRUPTIONS TO YOUR BUSINESS OR COST OF SUBSTITUTE SERVICES OR
OTHER ECONOMIC LOSS ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES,
YOUR USE OF THE SERVICES, INCLUDING ADD-ON SERVICES, THE SITES OR THIS
AGREEMENT, EVEN IF LITAVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LITAVIS’S LIABILITY
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY CAUSE WHATEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM
OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OF DIRECT DAMAGES ACTUALLY
INCURRED IN THE TWO (2) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICAPLE
CAUSE OF ACTION AROSE.
Some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages so
the above limitation or exclusion may not apply to you. In such case, the
liability of the Litavis Parties shall be limited to the greatest extent
permitted under applicable law.
30. Your
Indemnification of Litavis
You shall defend,
indemnify and hold harmless (including payment of attorney’s fees) the Litavis
Parties from and against all claims, demands, suits, proceedings, losses,
liabilities, and expenses, whether in tort, contract, or otherwise, that arise
out of or relate, including but not limited to attorney’s fees, in whole or in
part arising out of or attributable to any breach of this Agreement or any
activity by you in relation to the Sites or your use of the Services,
including add-on Services.
You agree to defend,
indemnify and hold the Litavis Parties and Bank harmless (including payment of
reasonable attorney’s fees) against any claim or demand (including attorneys’
fees) made or incurred by any third party arising out of or relating to (a)
your breach of any provision of this Agreement; (b) any actions taken by Litavis
or Bank pursuant to your instructions, including wage-and-hour law claims; (c)
your use of the Litavis Services or any Bank services; (d) your obligations to
pay fees or fines to Litavis, Bank or any third parties; (e) negligence or
willful misconduct of your affiliates, employees, contractors, or agents; and
(f) all third-party indemnity obligations Litavis or Bank incurs as a direct or
indirect result of your acts or omissions (including indemnification of any
payment card network, card issuer, or intermediary bank).
31. Ending Your
Relationship with Litavis
This Agreement will
continue to apply until terminated by either you or Litavis (or any Litavis
affiliate/subsidiary) as set out below. If you want to terminate this legal
agreement for the Services and close your account, email Litavis
Please note that if
you wish to remove Litavis from your mobile devices, then you may delete the
Mobile App, however that will only delete your Litavis data from the device. If
you want to delete your Litavis account, follow the instructions in
the preceding paragraph.
Litavis may at any
time, terminate its legal agreement with you and access to the Services:
You acknowledge and
agree that Litavis may immediately deactivate or delete your account and all
related information and files in your account and/or prohibit any further
access to all files and the Services by you. You acknowledge and agree that
Litavis may delete any account Litavis created on your behalf on a third party website or app and that Litavis may delete all
data associate with that account without providing a copy or record to you. Further,
you agree that Litavis will not be liable to you or any third party for any
termination of your access to the Services.
32. Litavis’s
Suspension and Termination of Rights
Litavis, in its
sole discretion, reserves the right to suspend or terminate this Agreement, or
suspend, terminate, or limit your access to, or use of, your Account or some or
all of the Services at any time upon notice to you. Please note that Litavis
reserves the right to terminate the Services at any time. Litavis will try to
notify you in advance, but is not obliged to do so.
33. Modifications
Litavis reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Sites or Services, including add-on Services with or
without notice. Litavis reserves the right to change the Services, including
fees as may be applicable, in our sole discretion and from time to time. In
such event, if you are a paid user to add-on subscription Services, Litavis
will provide notice to you. If you do not agree to the changes after receiving
a notice of the change to the Services, you may stop using the Services. Your
use of the Services, after you are notified of any change(s) will constitute
your agreement to such change(s). You agree that Litavis will not be liable to
you or to any third party for any modification, suspensions, or discontinuance
of the Services.
Litavis may modify
this Agreement from time to time. Any and all changes to this Agreement may be
provided to you by electronic means (i.e., via email or by posting the
information on the Sites). In addition, the Agreement will always indicate the
date it was last revised. You are deemed to accept and agree to be bound by any
changes to the Agreement when you use the Services after those changes are
posted.
34. Feedback
In connection
with your use of Services, you may elect to submit feedback, suggestions and/or
other comments regarding the website and/or the Services (collectively, the “Feedback”).
Litavis may, in its sole discretion, decide to incorporate some or all of this
Feedback into the website and/or the Services. You hereby grant Litavis a
worldwide, perpetual, nonexclusive, sublicensable, royalty-free license to use,
reproduce, distribute, transmit, disclose, display, modify and create
derivative works of all such Feedback. You further represent and warrant that
you have all rights necessary to provide Litavis the Feedback and that the use
of the feedback by Litavis will not violate, infringe otherwise misappropriate
any third party rights.
35. Governing Law and
Forum for Disputes
New York state law
governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM
RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF SERVICE WILL BE RESOLVED
BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act
governs the interpretation and enforcement of this provision; the arbitrator
shall apply New York law to all other matters. All issues are for the
arbitrator to decide, including issues related to scope and enforceability of
this arbitration provision. Notwithstanding anything to the contrary, any party
to the arbitration may at any time seek injunctions or other forms of equitable
relief from any court of competent jurisdiction.
WAIVER OF JURY TRIAL
AND CLASS ACTIONS. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY
CLAIM MAY BE RESOLVED BY BINDING ARBITRATION AND THAT (i)
YOU ARE GIVING UP ITS RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM
ALLEGED AGAINST THE LITAVIS PARTIES; (ii) YOU ARE GIVING UP YOUR RIGHT TO HAVE
A COURT RESOLVE ANY CLAIM ALLEGED AGAINST THE LITAVIS PARTIES; (iii) YOU ARE
GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A
MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST LITAVIS
AND/OR RELATED THIRD PARTIES.
In the event of a
dispute, claim, or controversy (“Claim”) between you and Litavis or you and Bank,
arising from or relating in any way to this Agreement, the Services, or to the
relationship formed between the parties as a result of this Agreement,
including Claims regarding the applicability of this arbitration clause or the
validity of the entire Agreement, the Claim shall be resolved exclusively and
finally by binding arbitration administered by the American Arbitration Association
(“AAA”) under the AAA’s Commercial Arbitration Rules. All Claims are subject to
arbitration, no matter what theory they are based on. This includes Claims
based on contract, tort (including intentional tort), fraud, agency, your or
our negligence, statutory or regulatory provisions, or any other source of law.
Claims and remedies sought as part of a class action, private attorney general,
or other representative action are subject to arbitration on an individual
(non-class, non-representative) basis. You and Litavis will agree on another
arbitration forum if the AAA ceases operations. The arbitration will be
conducted before a single arbitrator and will be limited solely to the Claim
between you and Litavis. The arbitration, or any portion of it, will not be
consolidated with any other arbitration and will not be conducted on a
class-wide or class action basis. The prohibition against class action
contained in this Section shall be non-severable from the remainder of this
Section.
If either party prevails
in the arbitration of any Claim against the other, the non-prevailing party
will reimburse the prevailing party for any fees it paid to the AAA in
connection with the arbitration, as well as for any reasonable attorneys’ fees
incurred by the prevailing party in connection with such arbitration. Any
decision rendered in such arbitration proceedings will be final and binding on
the parties, and judgment may be entered in a court of competent jurisdiction.
Rules and forms of the AAA may be obtained and Claims may be filed at any AAA
office, www.adr.org, or 335 Madison Avenue, New York, NY 10017, telephone
1-800-778-7879. This arbitration agreement is made pursuant to a transaction
involving interstate commerce, and shall be governed by the Federal Arbitration
Act, 9 U.S.C. §§ 1-16. This arbitration agreement applies to all Claims now in
existence or that may arise in the future. Nothing in this Agreement shall be
construed to prevent any party’s use of (or advancement of any Claims,
defenses, or offsets in) bankruptcy or repossession, replevin, judicial
foreclosure or any other prejudgment or provisional remedy relating to any
collateral, security, or other property interests for contractual debts now or
hereafter owned by either party to the other. IN THE ABSENCE OF THIS
ARBITRATION AGREEMENT, YOU AND LITAVIS AND YOU AND BANK MAY OTHERWISE HAVE HAD
A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A
JURY AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY
OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE
RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW
BE RESOLVED THROUGH ARBITRATION.
36. Allegations of
Copyright and Trademark Infringements; Notification
Litavis respects the intellectual property rights of others and Litavis
asks that users of the Site and Services do the same. If you believe that your
intellectual property is being used on the Site in a way that constitutes
copyright infringement, please provide our Designated Agent (set forth below)
the following information (as required by Section 512(c)(3) of the Digital
Millennium Copyright Act):
The information specified above must be sent to Litavis’s
Designated Agent, whose contact information is as follows:
Litavis, LLC.
Attention: DMCA Designated Agent
Legalinc Corporate Service Inc.
1967 Wehrle Dr.
Suite 1-086
Buffalo NY, 14221
Please note that Section 512(f) of the Digital Millennium
Copyright Act may impose liability for damages on any person who knowingly
sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Litavis
may be shared with third parties, including the person who provided Litavis
with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the
Designated Agent, it is Litavis’s policy to remove or disable access to the
infringing material, notify the user that it has removed or disabled access to
the material, and, for repeat offenders, to terminate such user's access to the
service.
If you believe that your content should not have been removed
for alleged copyright infringement, you may send Litavis’s Designated Agent a
written counter-notice with the following information:
If a counter-notice is received by the Designated Agent, we may
send a copy of the counter-notice to the original complaining party informing
that person that it may replace the removed material or cease disabling it in
10 business days. Unless the copyright owner files an action seeking a court
order against the user, the removed material may be replaced or access to it
restored in 10 to 14 business days or more after receipt of the counter-notice,
at our discretion.
If you have a Claim with one or more Outside Recipients or other
third parties, you release Litavis, the Litavis Parties, and Bank (and their
respective officers, directors, agents, joint ventures and employees) from any
and all claims, demands and damages (actual and consequential) of every kind
and nature arising out of or in any way connected with such Claims.
38. General Provisions
Severability. If any
provision of this Agreement is, for any reason, held to be invalid or
unenforceable, the other provisions of this Agreement will be unimpaired and
the invalid or unenforceable provision will be deemed modified so that it is
valid and enforceable to the maximum extent permitted by law.
No Assignment. This
Agreement, and the Party’s rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by either Party without the
prior written consent of the other Party, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will be null
and void, ab initio. The terms of this Agreement will be binding upon
assignees.
Waiver. Any waiver or
failure to enforce any provision of this Agreement on one occasion will not be
deemed a waiver of any other provision or of such provision on any other
occasion.
Entire Agreement. This
Agreement is the final, complete and exclusive agreement of the parties with
respect to the subject matters hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matters. No
modification of or amendment to this Agreement, or any waiver of any rights
under this Agreement, will be effective unless in writing and signed by Litavis
and User. The terms of this Agreement will govern all services undertaken by Litavis
for User.
Enforcement Costs. User
found by a court of competent jurisdiction to have breached this Agreement in
full or having breached any portion of this Agreement shall be liable to Litavis
for all costs of enforcing this Agreement, including, without limitation,
outside attorneys’ fees, court costs, and cost of discovery, in addition to any
monetary damages recovered.
Headings. The section and paragraph headings in this
Agreement are for reference purposes only and shall not in any way affect the
meaning or interpretation of this Agreement.
Singular and Plural,
Etc. Words used herein in the singular, where the context so permits, shall be
deemed to include the plural and vice versa. The definitions of words in the
singular herein shall apply to such words when used in the plural where the
context so permits and vice versa. Words importing gender shall include all
genders.
Errors and
Omissions. Litavis shall not be held
liable for any error or omission not transmitted to User. Any inadvertent delay, omission, error or
failure shall not relieve either party hereto from any liability which would
attach hereunder if such delay, omission, error or failure had not been made
provided such delay, omission, error or failure is rectified as soon as
reasonably practicable upon discovery.
Survival. All provisions that logically ought to
survive termination of this agreement shall survive.
Prevailing
Interpretation of this Agreement. The Parties acknowledge that this Agreement
shall constitute the controlling agreement with respect to the alliance between
the parties and in the event there is any discrepancy
or inconsistency between the terms contained in this Agreement and/or any of
the attached schedules or additional agreements between the Parties joint, the
terms contained in this Agreement, as interpreted by Litavis and/or Litavis’s
representative(s), shall prevail.
Force Majeure. Neither
Litavis nor the Litavis Parties shall be liable for any issues or delayed
performance caused by circumstances beyond Litavis’s or the Litavis Parties’ reasonable
control, including without limitation, acts of God, acts of government, flood,
fire, earthquakes, civil unrest, acts of terror, strikes or other labor
problems, service provider failures or delays.
[i] “Electronically,” “electronic,” and “by electronic means” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities (such as the Internet, mobile or cellular technologies)
[ii]Product Agreement means the policy, contract, account agreement or other Documents that govern a product or service that you obtain from or through Litavis.