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.

<![if !supportLists]>1.      <![endif]>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.

<![if !supportLists]>2.      <![endif]>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

<![if !supportLists]>(i)               <![endif]>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

<![if !supportLists]>(ii)             <![endif]>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.

 

<![if !supportLists]>3.      <![endif]>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.

 

<![if !supportLists]>4.      <![endif]>Litavis Electronic Delivery Consent.

 

Litavis wants to make it easy for you to receive paperless delivery of records electronically<![if !supportFootnotes]>[i]<![endif]> 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<![if !supportFootnotes]>[ii]<![endif]>, 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.

<![if !supportLists]>5.      <![endif]>Efforts to Prevent Fraud.

 

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.

 

<![if !supportLists]>6.      <![endif]>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.

<![if !supportLists]>7.      <![endif]>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.

<![if !supportLists]>8.      <![endif]>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.

<![if !supportLists]>9.      <![endif]>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:

<![if !supportLists]>·       <![endif]>You have the authority to disclose the payment method information and to bind the person or organization for which you act;

<![if !supportLists]>·       <![endif]>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;

<![if !supportLists]>·       <![endif]>You acknowledge that transactions initiated from your payment method must comply with the provisions of U.S. law; and

<![if !supportLists]>·       <![endif]>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:

<![if !supportLists]>·       <![endif]>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.

<![if !supportLists]>·       <![endif]>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.

 

<![if !supportLists]>10.   <![endif]>Payment Review

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.

 

<![if !supportLists]>11.   <![endif]>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.

 

<![if !supportLists]>12.   <![endif]>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.

 

<![if !supportLists]>13.   <![endif]>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.

 

<![if !supportLists]>14.   <![endif]>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.

<![if !supportLists]>15.   <![endif]>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.

 

<![if !supportLists]>16.   <![endif]>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.

 

<![if !supportLists]>17.   <![endif]>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.

<![if !supportLists]>18.   <![endif]>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.

<![if !supportLists]>19.   <![endif]>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.

 

<![if !supportLists]>20.   <![endif]>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.

<![if !supportLists]>21.   <![endif]>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.

<![if !supportLists]>22.   <![endif]>Online and Mobile Alerts.

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.

 

<![if !supportLists]>23.   <![endif]>Rights You Grant to Us

 

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.

 

<![if !supportLists]>24.   <![endif]>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.

<![if !supportLists]>25.   <![endif]>Access and Interference

Restricted Activities. You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Litavis’s express written consent, which may be withheld in Litavis’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third party web browsers (such as Microsoft Internet Explorer or Safari);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
  • Attempt to gain unauthorized access to any portion of the Services.
  • Uses the service for unsupported transfers, including sending money:
    • to yourself or an entity in which you have control;
    • not in direct exchange for a rendered good or service;
    • for alimony or to escrow accounts;
    • as a donation to an organization not classified as a registered charity;
  • Use the Services other than for legitimate payment purposes (e.g., to test or probe card behaviors). For unsupported goods and services, including:
    • gambling and related activity (such as lotteries, bidding fee auctions, sports forecasting or odds making, fantasy sports leagues, internet gaming, contests, sweepstakes, and games of chance);
    • unsupported debt types (such as credit card balances, uncollateralized loans, auto title loans);
    • certain investment accounts or to fund unsupported investments, including but not limited to 401(k) accounts, 403(b) plans, 457 plans, 529 plans, and IRAs;
    • controlled substances and related goods or services;
    • tobacco, e-cigarettes, and e-liquid;
    • products sold by online pharmacies;
    • pornography, obscene materials, and sexually-related or “adult” services;
    • weapons, munitions, gunpowder, fireworks, and other explosives;
    • toxic, flammable, and radioactive materials; or
    • other goods and services subject to government regulation.
  • Use the Services in violation or potential violation of applicable law, regulation, rule, or legal interest, including:
    • sending or receiving potentially fraudulent funds;
    • in the course of any activity regulated by the Financial Crimes Enforcement Network (FinCEN) or any other relevant regulatory body;
    • infringement or potential infringement of any party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
    • acting in a manner that could be defamatory, trade libelous, threatening or harassing;
    • using your Account or the Services in violation of applicable payment network rules.
  • Use the Services in a manner detrimental to our provision of the Services, including:
    • the provision of outdated, false, inaccurate, or incomplete information;
    • using any promotional or referral programs in a manner deemed abusive or against the intention of said programs;
    • maintain or using multiple Accounts;
    • allowing other individuals to access or use your Account;
    • using an anonymizing proxy;
    • using the Services in a manner that results in or may result in complaints, disputes, claims, chargebacks, fees, fines, penalties and other liability to Litavis, a third party, or you;
    • imposing unreasonable demands on our technical or personnel resources;
    • facilitating viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
    • using any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
    • taking any action that may cause us to lose any of the services provided by our Outside Recipients, payment processors, or other suppliers;
    • reselling, re-skinning, or otherwise distributing our Services;
    • breaching this Agreement or any other agreement or policy that you have agreed to with Litavis.

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:

  • Close, suspend, or limit your access to your Account or the Services;
  • Hold, return, or reclaim funds;
  • Update inaccurate information you provided to Litavis or third parties;
  • Refuse to provide Services to you or related parties in the future;
  • Contact your bank or notify other Users, Outside Recipients, law enforcement, or impacted third parties of your actions;
  • Take legal action against you.

When not otherwise obligated by regulatory or compliance considerations, Litavis will provide you with notice of any such actions.

<![if !supportLists]>26.   <![endif]>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.

  • You are responsible for all content you submit, upload, post or store through the Services.
  • You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant Litavis a worldwide, royalty-free, non-exclusive license to Lessee and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Litavis is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
  • You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b)post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c)post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; d) any text, recordings, photographs, screenshots, images, of any portion of your Agreement with Litvas or any portion of your Agreement with lessee; or e) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for
    such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
  • You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

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.

<![if !supportLists]>27.   <![endif]>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.

 

<![if !supportLists]>28.   <![endif]>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.

 

<![if !supportLists]>29.   <![endif]>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.

<![if !supportLists]>30.   <![endif]>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).

<![if !supportLists]>31.   <![endif]>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:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if Litavis in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
  3. Litavis becomes aware that your Agreement with Lessee (lessee) has been terminated
  4. for any reason and at any time with or without notice to you; or
  5. immediately upon notice to the e-mail address provided by you as part of your Registration Information.

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.

<![if !supportLists]>32.   <![endif]>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.

 

<![if !supportLists]>33.   <![endif]>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.

<![if !supportLists]>34.   <![endif]>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.

 

<![if !supportLists]>35.   <![endif]>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.

<![if !supportLists]>36.   <![endif]>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):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may
    be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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:

  • Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

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 !supportLists]>37.  <![endif]>Release of Litavis

 

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.

 

<![if !supportLists]>38.  <![endif]>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.

 

 

 

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<![if !supportFootnotes]>[i]<![endif]> “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)

<![if !supportFootnotes]>[ii]<![endif]>Product Agreement means the policy, contract, account agreement or other Documents that govern a product or service that you obtain from or through Litavis.