Lively Rides Concierge Services Terms
Welcome to Lively™. These Terms and Conditions (“Terms”) apply to your use of Lively Rides. References to “Lively”, “our”, “we”, or “us” refers to Best Buy Health, Inc. (“Best Buy”). Please read these Terms carefully.
BY USING LIVELY RIDES, YOU ARE AGREEING TO THESE TERMS (“TERMS”). PLEASE READ THEM CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, INCLUDING A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE LIVELY RIDES.
What is Lively Rides? This section outlines how Lively Rides works.
Eligibility This section outlines your eligibility to use the Lively Ride service.
Privacy Policy This section explains how Lively will treat and use information you provide us.
Information that We Share with Lyft This section describes what information we share about you to Lyft.
Payment Terms This section explains your payment obligations, the fees you will be charged in association with the Lively Rides service, and how payment will be processed.
Lively Rides Promotions and Credits This section described when and how promotions and credits can be used.
Disclaimer of Warranties We provide Lively Rides as is, and we make no promises or guarantees about the Lively Rides Service. Please read this section carefully; you should understand what to expect.
Limitations of Liability We will not be liable for damages or losses arising from your use or inability to use the Lively Rides, or otherwise arising under these Terms. Please read this section carefully; it limits our obligations to you.
Governing Law This section provides details including our choice of law.
Our Relationship With You This section describes our contractual relationship.
Modification of these Terms We may modify these Terms without prior notice to you. Any modification to these Terms will be effective on the date provided below.
We Can Assign These Terms We may assign these Terms at any time without notice to you.
Dispute Resolution by Binding Individual Arbitration This section describes what will happen if there is a dispute between you and us regarding the Lively Rides Service. Please read this section carefully; it limits certain legal rights you may have.
This Is The Entire Agreement This section contains miscellaneous legal details regarding these Terms.
Effective Date This provides the date for when these Terms went into effect.
1. What Is Lively Rides?
Lively Rides is a concierge service. Lively does not provide cars, drivers or transportation services. Lively partners with Lyft, Inc. (“Lyft”), which operates a ridesharing platform (“Lyft Platform”). The Lyft Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). When you contact Personal Operator (“Ask Lively”) by dialing “0” from your Jitterbug phone, you can request a ride to be arranged by a care agent through the Lyft Platform. The driving services provided by Drivers to Riders that are matched through the Platform will be referred to as “Driving Services” and are subject to these Terms, as well as the Lyft Terms of Service (www.lyft.com/terms) and Lyft Privacy Policy (www.lyft.com/privacy). We use the term “Concierge Services” to refer to a care agent scheduling Driving Services for you on the Lyft Platform.
2. Eligibility
In the sole discretion of Lyft, Lyft may prohibit Lively from providing Concierge Services on behalf of any individual if Lyft reasonably believes such individual has violated Lyft’s Terms of Service or engaged in conduct that poses a risk to the safety of a Driver or other third party (“Excluded Individual”). If you are deemed an Excluded Individual by Lyft, Lively will no longer be permitted to provide the Concierge Services to you and Lively disclaims all responsibility or liability for Lyft’s designation of an individual as an Excluded Individual.
3. Privacy Policy
Your use of your Concierge Services is subject to our Privacy Policy. Click Privacy Policy to review. Please review the privacy policy for more on how we collect and use information.
If you would like to learn more about your rights under individual state laws, please review our States Privacy Rights page. Click States Privacy Rights page to review.
4. Information that We Share with Lyft
When you request Concierge Services from a Personal Operator, you consent to the Personal Operator sharing through the Lyft Platform with Lyft and available Drivers your:
First and last name;
Pick up and drop off locations; and
Telephone number*
*Lyft will receive your actual phone number, but your actual phone number will not be shared with the Driver.
By requesting Concierge Services, you also consent to receive text messages and/or phone calls to convey ride status updates. Text messages will be sent (i) when a Personal Operator submits your ride request to the Lyft Platform, (ii) when a Driver accepts your request for a ride, (iii) when your Driver arrives, and/or (iv) when a ride is canceled. Text messages sent or received and minutes used will be applied against your monthly plan selection and rates.
Lyft’s use of your personal information in connection with Concierge Services is as provided in Lyft’s Privacy Policy located at https://www.lyft.com/privacy.
5. Payment Terms
5.1. Your Responsibility to Pay for Lively Rides
When you request Concierge Services as a Rider, you agree to pay the amounts that will appear on your next monthly Lively wireless phone invoice by the invoice due date. The amount that you will be charged for the Concierge Services are described in more detail below.
5.2. Personal Operator Fees
Calls to Ask Lively for Concierge Services will cost 99 cents per call. The minutes you use when calling Ask Lively will be deducted from your monthly rate plan. If, after receiving a fare estimate, you do not request the care agent to schedule your ride through the Lyft Platform, you will not be charged 99 cents for calling Ask Lively.
5.3. Lively Rides Fare Estimates
When you request Concierge Services, a care agent will use Lyft’s fare estimator tool to provide you an estimated total Charge based on your stated pick up and drop off locations. This amount is only an estimate and the actual Charge may be lower or higher depending on factors discussed below. The estimated Charge includes the Ride Fees, Trust & Service Fee, if any, taxes, tolls, airport fees, other fees, and Concierge Services Surcharge. The estimated Charge does not include fees for calling Ask Lively, if any, which will be billed separately. By using Lively Rides, you agree to pay the actual Charge regardless of the fare estimate.
5.3.1. Ride Fees.
Ride Fees consist of a base price and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum Ride Fees may apply. Ride Fees may be subject to a multiplier at times of high demand of the Services (“Prime Time”) as determined by Lyft. The care agent will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time you request a ride.
5.3.2. Trust & Service Fee.
Lyft may assess a per-ride “Trust & Service Fee” to offset Lyft’s expenses, including but not limited to those related to promoting trust and safety on the Lyft platform as well as other operational costs of running the Lyft Platform. Such expenses are dynamic and may or may not exceed Lyft’s Trust & Service Fee collections in certain markets. Excess Trust & Service Fee collections, if any, will be deemed general revenue.
5.3.3. Concierge Services Surcharge.
Lively charges a per ride surcharge for providing Concierge Services based on the total cost of the Ride Fees and Trust & Service Fee. Surcharges for Concierge Services are as follows:
Ride Fee + Trust & Service Fee <$15.00, then Concierge Services Surcharge is $3
Ride Fee + Trust & Service Fee <$20.00, then Concierge Services Surcharge is $4
Ride Fee + Trust & Service Fee <$25.00, then Concierge Services Surcharge is $5
Ride Fee + Trust & Service Fee <$30.00, then Concierge Services Surcharge is $6
Ride Fee + Trust & Service Fee >$30.00, then Concierge Services Surcharge is $7
5.3.4. Cancellation Fee.
In the event that you cancel a ride request more than 5 minutes after such request is made, make repeated or frequent cancellations, or fail to show up for your ride in a timely manner, you may be assessed a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled rides to disrupt the Lyft Platform or the provision of Services.
5.3.5. Damage Fee.
If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Lyft in its sole discretion), towards vehicle repair or cleaning. Lyft reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
5.3.6. Other Charges.
Other fees, tolls, and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, tolls (and return tolls in select instances), and processing fees for split payments. In addition, where required by law Lyft will collect applicable taxes. See your market’s Lyft Cities page for details on other Charges that may apply. Any tips will be provided entirely to the applicable Driver.
5.3.7. Facilitation of Payments.
All Charges will appear on your monthly Lively phone bill and must be paid directly to Lively. Payments directly to the Driver or to Lyft are strictly prohibited and shall not satisfy your obligation to pay the Charges when due.
5.3.8. No Refunds.
Charges are assessed immediately following completion of the ride to your Lively monthly bill. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of Concierge Services, any disruption to the Driving Services, or any other reason whatsoever.
5.3.9. Lively Rides Usage Limitations
Lively reserves the right, at its sole discretion, to place limitations on the Charges that any individual may incur in any month. If any individual reaches a $100.00 Lively Rides balance, Lively may require a payment to be made on the account before providing additional Concierge Services. If Lively does not require such a payment on one occasion that does not mean that Lively will not require such a payment on any other occasion. Lively in its sole discretion may raise or lower the usage limitations for any individual account or line.
6. Lively Rides Promotions and Credits
From time to time, Lively may offer promotions or ride credits in the form of credits to customers’ monthly phone invoices. Under no circumstance shall any promotions offered by Lyft directly or by any third party be valid for payment toward Lively Rides Concierge Services. Similarly, Lyft gift cards are not valid toward Lively Rides Concierge Services.
7. Disclaimer of Warranties
The Concierge Services are provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from using our Concierge Services, including the availability of Lively Rides at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the Concierge Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements.
We have no control over the quality or safety of the transportation that occurs as a result of the Concierge Services. We cannot ensure that a Driver will complete an arranged transportation service.
8. Limitations Of Liability
We assume no liability for or relating to (1) the delay, failure, interruption or corruption of any voice, call quality, or data transmitted on a device while using the Services; (2) dropped calls or interrupted service, or for problems caused by or contributed to by you, by any third-party, by buildings, hills, tunnels, network congestion, weather, or any other things we do not control, (3) any non-performance by us or any service provider caused in whole or in part by any equipment failure, act of God, natural disaster, strike, equipment or facility shortage, or other causes beyond the control of us or our service providers, (4) claims against you by a third-party; (5) damage or injury cause by our suspension or termination of your Service pursuant to Section 12; (6) any act or omission by a third-party; or (7) errors, defects, problems or mistakes in data or information we provide to you.
LIVELY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY LIVELY PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A LIVELY PROPERTY REGARDLESS OF THE TYPE OF THE CLAIM, UNLESS PROHIBITED BY LAW.
You agree that the limitations of liability and indemnities in these Terms will survive even after the Terms have ended.
9. Governing Law
To the fullest extent permitted by law, and except as explicitly provided otherwise, these Terms and any disputes arising out of or relating to it will be governed by the laws of the state of California, in accordance with the Federal Arbitration Act, if applicable, without regard to its conflict of law principles, and by any applicable tariffs, wherever filed.
10. Our Relationship With You
These Terms do not create any fiduciary relationships between you and us. The Terms doesn’t create any relationship of principal and agent, partnership, or employer and employee, either.
11. Modification of Terms
We may update, modify, or change these terms from time to time with or without notice to you. Any changes, amendments, modifications, or supplements to these Terms will be posted on the Lively website. The date of the latest version of the Terms will be indicated at the bottom of this page. Be sure to check the Lively website from time to time to make sure that you are aware of the most recent Terms, which will govern your use of our products and services. Your continued use of Lively Rides constitutes your agreement to any changes, modification, or updates.
12. We Can Assign These Terms
We can assign these Terms or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign these Terms or your obligations to anyone else without our prior written consent.
13. DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION
ANY DISPUTE INVOLVING YOU AND BEST BUY OR ANY OF ITS AGENTS MUST BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS FOLLOWS:
ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
“Dispute” shall be interpreted broadly and cover any claim or controversy arising out of or relating in any way whatsoever to your relationship or interaction with Best Buy, its agents, and its present and future subsidiaries, affiliates, and designees – including, but not limited to, GreatCall, Lively, Geek Squad, Magnolia, and Pacific Sales – whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Examples of relationships or interactions giving rise to a covered claim include, without limitation: (1) your use of Best Buy’s websites; (2) your membership in any Best Buy loyalty or rewards program (e.g., My Best Buy®) or subscription-based services (e.g., Best Buy Totaltech™); (3) your receipt of delivery, repair or installation services or consultation services provided by Best Buy or its agents; (4) any communications between you and Best Buy; (5) application for financing; and/or (6) your purchase of products or services offered, sold, or distributed by Best Buy including, but not limited to, any Dispute arising from the advertising of, or the sales practices related to, such products and services. If you are a My Best Buy® member, Dispute shall also include all disputes that arose before your enrollment in, and after the cancellation or termination of, the My Best Buy® program, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Before either Party may initiate an arbitration proceeding, you and Best Buy agree to engage in a good faith effort to resolve the Dispute informally for 60 days, unless that time is extended by agreement. If you intend to initiate an arbitration proceeding, you must first send a fully completed notice of your Dispute (the “Notice”) to Best Buy. The Notice must include your name and contact information (address, telephone number, and email address) and information sufficient to enable Best Buy to identify any transaction at issue. The Notice must also include a detailed description of (1) your Dispute; (2) the specific facts supporting your claim(s); (3) the nature and basis of the damages you claim to have suffered; and (4) a calculation and explanation of the relief sought. Your Notice shall be personally signed by you and sent to Best Buy at CT Corporation System, Inc., 1010 Dale Street North, St. Paul, MN 55117-5603 or by email at Arbitration@BestBuy.com. If Best Buy intends to initiate an arbitration proceeding, it will send a Notice to you at the contact information we have on file. If requested by Best Buy as part of this mandatory informal dispute resolution process, you agree to personally participate (along with your counsel, if you are represented) in a telephone conference to discuss the potential resolution of the Dispute between you and Best Buy. If the Dispute is not resolved within 60 days after receipt of the Notice (or the longer period agreed to by the Parties), you or Best Buy may proceed with individual arbitration (this informal process is a condition precedent to doing so.). If the sufficiency of a Notice or compliance with this mandatory informal dispute resolution process is at issue, it may be decided by a court at either Party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in this informal process.
If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the nature and basis for the claim and includes all of the information required in the Notice. The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. You may serve a copy of a demand on our registered agent CT Corporation System, Inc., 1010 Dale Street North, St. Paul, MN 55117-5603. The arbitration will be governed by the AAA’s applicable Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Dispute Resolution section, another arbitration provider shall be selected by the Parties that will administer the arbitration consistent with it. If the Parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this Dispute Resolution section.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, Best Buy will consider reimbursing the consumer portion of the AAA fees upon a showing of financial hardship.
The Parties shall be responsible for their own attorney’s fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where you live or at another mutually agreed upon location. Best Buy reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in person hearing (along with your counsel if you are represented).
YOU AND BEST BUY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Best Buy agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that a claim for public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the Parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
This paragraph sets forth additional procedures that apply to mass arbitrations. If twenty-five (25) or more similar claims are asserted against Best Buy by the same or coordinated counsel or are otherwise coordinated, you understand and agree that these additional procedures apply and that the resolution of your Dispute might be delayed. Counsel for the claimants and counsel for Best Buy shall each select fifteen cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this bellwether process. If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings after conferring in good faith, each side shall select another fifteen (15) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. Each of these thirty (30) cases shall be assigned to a different arbitrator. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the Parties agree otherwise. Identical sets of arbitrators shall not be assigned to sets of bellwether proceedings. This staged process shall continue with thirty (30) cases in each set of bellwether proceedings, consistent with the parameters identified above, including that the remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed, until all the claims included in these coordinated filings, including your case, are adjudicated, settled, or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to these additional procedures that apply to mass arbitrations from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. You and Best Buy agree to engage in this process in good faith. A court shall have the authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Best Buy.
If for any reason a claim may proceed in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY.
This dispute resolution provision shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, any membership programs or subscription services and your relationship with Best Buy. Any amendments to this dispute resolution provision shall not affect any then–active or pending arbitration proceeding.
14. This Is The Entire Agreement
These Terms, in additional to the policies and other terms referenced herein, are the entire agreement between you and us with respect to Lively Rides Concierge Services. They Terms supersede all other agreements or representations with respect to the subject matter, whether oral or written, between us, past or present, and may not be amended except in a writing signed by Lively. If any part of these Terms are considered invalid, the rest of them will remain enforceable. No waiver of any part of these Terms or of any breach of them in any one instance will require us to waive any other instance or breach. In some circumstances we might decide to provide you service voluntarily even if you would not otherwise qualify. This will not be a waiver or require us to do so again.
15. Effective Date: August 31, 2023
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