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 AN ARBITRATION AGREEMENT THAT WAIVES YOUR RIGHT TO A JURY TRIAL, A CLASS ACTION WAIVER, A CHOICE OF LAW PROVISION AND A FORUM SELECTION CLAUSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE LIVELY RIDES.
1. What Is Lively Rides?
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.
If you are a California resident and would like to learn more about your rights under California’s laws, please review our California Privacy Rights page. To review our California Privacy Rights page, click here.
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
*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.
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 Personal Operators are free of charge if you subscribe to the Ultimate Health & Safety Plan. Without a subscription to the Ultimate Health & Safety Plan, calls to Personal Operator in which a service is completed, such as Concierge Services, cost 99 cents per call. The minutes you use when calling Lively’s Personal Operators will be deducted from your monthly rate plan. If, after receiving a fare estimate, you do not request the Personal Operator schedule your ride through the Lyft Platform, you will not be charged 99 cents for calling the Personal Operator.
5.3. Lively Rides Fare Estimates
When you request Concierge Services, a Personal Operator 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 Personal Operator, 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. Your Personal Operator 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 GreatCall 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 are each waiving important rights. Unless forbidden by law in a particular instance, we each agree as follows: (1) we are not liable for the actions or inactions of any service provider we contact for you, or for our inability to contact any service provider in any particular situation; (2) we, and our suppliers, are not liable to you for any injuries to persons or property arising out of or relating to your use of your Lively Wearable; (3) OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO YOU FOR THE SERVICES RELATING TO THE PERIOD OF SERVICES DURING WHICH SUCH DAMAGES OCCUR; (4) UNLESS OTHERWISE PROVIDED IN THESE TERMS, YOUR MAXIMUM LIABILITY TO US UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO ANY CHARGES DUE AND OWING BY YOU TO US, (5) NEITHER YOU NOR WE CAN RECOVER PUNITIVE DAMAGES, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR ATTORNEY’S FEES (YOU AND WE AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THESE TERMS),, (6) notwithstanding anything else in these Term, you agree to excuse any non-performance by us or any service provider caused in whole or in part by an act or omission of a third party, or 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, (7) you agree that neither we nor any service provider who sends you data or information through the services is liable for any errors, defects, problems, or mistakes in that data or information, and (8) you agree that the limitations of liability and indemnities in these Terms will survive even after these Terms have ended. These limitations of liability apply not only to you, but to anyone using the Concierge Services on your behalf, to anyone making a claim on your behalf, and to any claims made by your family, employees, customers, or others arising out of or relating to your Services.
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OUR SUPPLIERS OR ANY THIRD PARTY PROVIDERS BE LIABLE, WHETHER UNDER CONTRACT OR TORT OR UNDER ANY OTHER BASIS, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN, OR AS A RESULT OF THE USE OF ANY CONTENT OR SERVICE BY YOU OR ANY OTHER, EVEN IF WE, OUR AFFILIATES, OUR SUPPLIERS OR SUCH-THIRD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LEGAL RIGHTS OF THE CONSUMER, IT IS POSSIBLE THAT THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY IN SUCH JURISDICTIONS.
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
These Terms may be updated, modified, or changed from time to time by Lively 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 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., Total Tech Support); (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.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent CT Corporation System, Inc., 100 South Fifth Street, Suite 1075, Minneapolis, MN 55402. The arbitration will be governed by the AAA’s 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. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules; however, we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $10,000 except where (1) the claims fall within the jurisdictional scope and amount of an appropriate small claims court and, despite the requirement in this provision that such claims be brought in small claims court, you instead filed with AAA; or (2) the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Best Buy for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
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, 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 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.
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. 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.
Effective Date: May 20, 2021
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