Terms Of Service
Last Updated: December 31, 2019
Effective: January 1, 2020.
Scope of Application
Information We Collect and How We Use Your Information
There are three general categories of information we collect: (1) Information you give to us; (2) Information we automatically collect from your use of the Site or the App; (3) Information we collect from third parties.
We use your information in several different ways. What we do with your information depends on when we collect it and what we collect.
Information you give to us
Your name and contact details (such as your email address, mailing address, phone number, and password)
Additional profile information (such as date of birth, gender, location, and preferred language)
Your payment information (such as your credit/debit card number, security/CVV code, and expiration date)
Your financing information (such as social security number, date of birth, and income)
Your communications and contact history with us (such as service call recordings, chat and instant messages, or communications with our social media channels)
Other information (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content)
Information we automatically collect from your use of the Site or the App
Purchase history and saved items (such as what you bought and what you’ve placed in your cart or saved)
Log data and device information (such as details about how you’ve used the Site or the App, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, location data and page/product views or clicks)
Geo-location information (such as IP address, browser information or mobile GPS information)
To provide customer service and process returns
Information we collect from third parties, including third party services (for example if you link, connect, or login to the Site or the App with your Google, Facebook, Instagram or Twitter accounts) or other sources (such as your contacts or brands we partner with)
Your name and contact details (such as your email address, mailing address, phone number and password)
Social media handles (such as your Twitter or Instagram handle)
Other information (such as demographic data, fraud detection information and information about you and your activities, experiences and interactions on and off the Site and the App)
Registration and profile
When We Share Your Information
We share your information with the following categories of recipients as an essential part of being able to provide the Site, the App, the Service and related services and offerings, including customer service, to you:
LivVerdure Inc. subsidiaries and affiliates. LivVerdure subsidiaries include CastleGate Logistics Inc. and SK Retail, Inc.
Companies and individuals that help us deliver our products to you, such as suppliers, payment service providers, logistics professionals, and delivery and freight companies.
Professional service providers who help us run our business, such as marketing companies, software vendors, consultants, and advertising partners.
Companies approved by you, such as social media sites (if you choose to link your accounts to us) and payment processors or financing providers and card issuing banks if you choose to use their services or offerings.
If you choose to apply for a financing product offered by a financing provider, we collect some of your financing information on behalf of that provider. Once you have completed the application form, we send the data to the financing provider and delete it immediately from our systems, except for information we need to keep in order to provide services to you. We will not use your financing information for any other purpose.
Functionality cookies, which allow you to navigate the site and use our features.
Analytics cookies, which allow us to measure, analyze and understand how our customers use the Site and to identify ways to improve both its functionality and your shopping experience. For example, we use Google Analytics to help us evaluate your use of the Site, to compile reports on website activity, and to provide other services related to website activity and internet usage. To learn how Google Analytics collects and processes data, please visit: “How Google uses information from sites or apps that use our services” located at www.google.com/policies/privacy/partners.
Customer preference cookies, which help us remember your preferences (like your language or location) and make your experience more personalized to you.
We also use web beacons to help us identify your computer and evaluate user behavior, such as reactions to promotions. Web beacons are small GIF files that can be embedded in other graphics, emails, or similar. To prevent web beacons on our site, you can use tools such as AdBlock Plus. To prevent web beacons in emails, please set your mail program so that no HTML is displayed in messages.
Direct Marketing and Behavioral Advertising
We may directly send you marketing communications and materials by email, postal mail and other channels to keep you informed of new products, promotions, and to provide other information we think may be of interest to you. You can stop receiving direct marketing messages from us at any time through your preferences here or by clicking any “unsubscribe” link in any marketing message you receive from us. Please note that it may take up to 48 hours to process your request and update our systems. Note that if you request that we stop sending you marketing messages, we will continue to send you administrative and service communications (such as order updates and other important or transactional information).
Please note that if you use more than one name or email address when communicating with LivVerdure or using the Site of App, you may continue to receive communications from us to any name or email address not specified in your opt-out request.
We may also display tailored interest-based advertising on both LivVerdure -owned and operated sites and unaffiliated sites. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain LivVerdure content or ads, interacting with LivVerdure tools, or using our payment services. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience service.
We offer you choices about receiving interest-based ads from us. You can opt-out of certain interest-based ads that use our cookies by clicking here. You can also opt-out of receiving some third-party interest-based ads, or learn more about behavioral advertising, by visiting www.aboutads.info/choices or www.networkadvertising.org/choices. Please note that if you opt out of behavioral advertising, you will still see advertisements – they will just not be tailored to your interests. Also note that deleting browser cookies can remove the cookie preferences you have made, so you may need to opt-out again in the future.
Blogs, Reviews and Forums
The Service also may from time to time offer publicly-accessible blogs, reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your information from blogs, customer reviews or forums, please contact us here. Please note that in some cases we may be unable to remove your information.
Our Security Measures
The security of your information is important to us. We use appropriate technical and organizational safeguards to protect your information from unauthorized use, disclosure, and loss. Encryption technology, including current industry-standard encryption protocols, is used to protect personal information in certain areas of our websites during transmission across the Internet. We use a PCI-compliant payment service provider over a secured network. If you have questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your computer to prevent unauthorized access to your account. Remember to sign out of your account and close your browser window if you are using a shared computer in a public place such as a library or an Internet cafe.
Keeping Your Information
When we no longer have a need to keep your information, we will either delete it from our systems or anonymize it so that it no longer identifies you.
The Site, App and Service are not directed to children, and we do not knowingly collect information from children under 13. If you are a parent or guardian and believe that we have information about your child, please contact us here. To learn more about how to protect your child online, visit the FTC’s www.OnGuardOnline.gov.
Information for Visitors from California and Outside of the United States
Privacy Rights for California Residents
Right to Removal of Posted Information–California Minors
If you are under 18 years of age, reside in California, and have a registered account with LivVerdure , you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact LivVerdure as provided below. Upon receiving such a request, LivVerdure will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.
Visitors from Outside of the United States
How to Contact Us
We always want to hear from our customers – especially with questions, comments or concerns about our privacy practices. Please don’t hesitate to contact us here or in writing at:
Attention: Legal Department
Last Updated: January 10, 2019
Welcome to LivVerdure !
Privacy & Security
Information security is important to LivVerdure . We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. LivVerdure does, however, reserve the right at all times to disclose any information as LivVerdure deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Please click here for more information.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by LivVerdure , including but not limited to, LivVerdure , the LivVerdure design logo, Joss & Main, AllModern, Birch Lane, Perigold, and the tagline “a zillion things home” (collectively, the “LivVerdure Marks“). Any use of the LivVerdure Marks without the prior written permission of LivVerdure is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the LivVerdure Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content“), are the sole and exclusive property of LivVerdure .
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
LivVerdure uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy.
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to LivVerdure that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize LivVerdure to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate LivVerdure Acceptable Use Policy set forth below.
LivVerdure does not endorse any User Content or any opinion, recommendation, or advice expressed therein. LivVerdure reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. LivVerdure has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. LivVerdure takes no responsibility for User Content.
Social Media Tag Usage
BY USING #THE GOOD LIFE, LIVING THE GOOD LIFE, HARNESSING NATURE’S ENERGY FOR YOU, @LIVvERDURE AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE WAYFAIR WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant LivVerdure all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including LivVerdure ; (iv) impersonate any person or entity, including but not limited to, a representative of LivVerdure , or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. LivVerdure reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. LivVerdure reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and LivVerdure reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the LivVerdure Rewards Program described below. LivVerdure reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at LivVerdure sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
About Our Prices
Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “$549“), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a previous price before the Flash Deal promotion. For members of the LivVerdure Program, if such a higher price is accompanied by the LivVerdure logo, such price represents the offer price before applying LivVerdure Program benefits. The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days. The LivVerdure Choice badge represents a shortlist of highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of either LivVerdure or supplier inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
We do not match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.
LivVerdure Rewards Program
Links to Other Websites
Mobile Devices and Mobile Applications
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from LivVerdure . By agreeing to receive SMS messages from LivVerdure , you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, LivVerdure provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications with LivVerdure
For all communications made to or with LivVerdure , including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and LivVerdure will have no obligation to protect your communications from disclosure; (ii) LivVerdure will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) LivVerdure will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Disclaimer of Warranties
LivVerdure intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, WAYFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL WAYFAIR OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WAYFAIR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if LivVerdure is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
YOU AND WAYFAIR AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Right to Access
YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.
LivVerdure periodically scheduled system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that LivVerdure has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by LivVerdure from its offices in Boston, Massachusetts, USA. The Sites are intended for users who reside in the United States of America. LivVerdure makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. LivVerdure reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and at our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you have questions, comments or complaints about these Terms or the Sites, please contact us here (please reference “Questions about the Sites”).
LivVerdure Copyright Policy
Last Updated: May 17, 2018
This Copyright Policy describes LivVerdure policy of prohibiting any information or materials that violate another party’s intellectual property rights from appearing on www.LivVerdure .com, www.AllModern.com, www.JossandMain.com, www.BirchLane.com, www.Perigold.com and their related domains (collectively, the “Site“).
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for a copyright owner who believes that material appearing on the Internet infringes his, her or its rights under U.S. copyright law. LivVerdure complies with the DMCA by responding to notices and counter-notices that meet the then-current DMCA requirements. Please visit http://www.copyright.gov/ for details about current DMCA requirements.
Notification of Alleged Copyright Infringement
If you believe in good faith that material appearing on the Site infringes your copyright, you (or your agent) may send LivVerdure a written notification pursuant to the DMCA (a “DMCA Notice“). Your DMCA Notice should be sent to our Copyright Agent (identified below), contain all of the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or that access to it be blocked. Your DMCA Notice must contain:
Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material;
Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;
A statement that you have a good faith belief that use of the material on the Site as you have described in the DMCA Notice is not authorized by the copyright owner or its agent or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must submit any notification of an alleged copyright infringement to LivVerdure Copyright Agent by mail or email as set forth below:
LivVerdure Copyright Agent
4 Copley Place, Floor 7
Boston, MA 02116
Email: firstname.lastname@example.org (please reference “LivVerdure DMCA Notice”)
If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.
If you believe in good faith that your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter notification letter to LivVerdure Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located or in Boston, Massachusetts if your address is outside the United States;
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
Your name, address and telephone number;
A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or web location and will no longer be shown or accessible; and
Your physical or electronic signature.
You may submit your counter notification to LivVerdure Copyright Agent by mail or email as set forth below:
LivVerdure Copyright Agent
4 Copley Place, Floor 7
Boston, MA 02116
Email: email@example.com (please reference “LivVerdure DMCA Notice”)
Upon receipt of a counter notice, LivVerdure Copyright Agent may send a copy of it to the original complaining party informing that party that LivVerdure may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against LivVerdure , the removed content may be replaced or access to it restored by LivVerdure .
You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.
LivVerdure Professional Program Terms
Last Updated: August 22, 2018
The LivVerdure Professional Program (the “LivVerdure Professional Program”) is exclusively for users of the Sites who have enrolled in the LivVerdure Professional Program in accordance with the terms hereof (“Program Members”). The LivVerdure Professional Program is designed to provide Program Members with additional benefits and exclusive services.
Users of the Sites may enroll in the LivVerdure Professional Program here. The Program Member shall be the business entity itself, and each User who enrolls a business entity in the LivVerdure Professional Program must be authorized to do so on behalf of such entity. Program Members may have multiple authorized user accounts. Each Program Member acknowledges and agrees that each authorized user account shall have access to all information related to such Program Member’s account and that LivVerdure shall have no liability in connection therewith.
Last Updated: April 9, 2020
Assembly, installation, and professional services you purchase through the Sites are referred to herein as “Home Services” Home Services are provided by independent third-party service providers (“Pros“). The Pros are independent contractors and not employees of LivVerdure . LivVerdure does not provide the Home Services itself. LivVerdure sometimes arranges for the provision of Home Services with Pros directly, and sometimes through other parties that contract with Pros (“Partners“), such as Handy and Go Configure. LivVerdure may refer customer service requests regarding Home Services to the Partners. LivVerdure makes no guarantee that it will be able to match you with a Pro. Scheduled Home Services dates and times are subject to change. Home Services will be performed in a good and workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WAYFAIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE HOME SERVICES OR THE PROS. YOU AGREE THAT ALL HOME SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, YOU AGREE THAT WAYFAIR SHALL HAVE NO LIABILITY IN CONNECTION WITH THE HOME SERVICES, THAT WAYFAIR IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY PRO, AND THAT WAYFAIR WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DAMAGES, OR LOSSES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE HOME SERVICES.
LivVerdure arranges for background checks on the Pros through third-party background check providers, or obtains contractual guarantees from Partners that Pros have been background checked. Regardless, you should exercise caution and common sense when interacting with Pros to protect your personal safety and property, just as you would when interacting with any person you do not know. You are responsible for verifying the identity of the Pro upon arrival. You are responsible for ensuring that the location where the Home Services are to be performed is safe and secure and that the Pro has free and clear access to such location.
You must be 18 years of age or older to purchase Home Services. You acknowledge and agree that you are solely responsible for your decisions relating to the Home Services. Either you or someone else 18 years of age or older authorized by you must be present at all times during the performance of the Home Services. You are responsible for inspecting the Home Services and signing any relevant forms. If you are not present during performance, the adult present must be authorized by you to inspect the Home Services and sign any required forms on your behalf. You agree that products assembled, installed or otherwise worked on or with by Pros (collectively, “Products“) are for home use only and not for commercial applications or use. You are responsible for designating the location where Pros assemble, install, and otherwise work on or with the Products. LivVerdure , the Partners, and the Pros make no recommendation, representation, or warranty regarding the use or location of the Products, including the surface on which they are installed. You have not relied on any statement made by any of the foregoing parties in determining the use or location of the Products. You are responsible for obtaining any required approvals, permissions, permits, and variances necessary related to the Home Services. You assume all risk, including any risk of relocation or removal, arising from the use or location of the Products. You will follow all instructions and warnings relating to the Products and will ensure that all persons who use the Products do the same.
You shall indemnify, defend, and hold harmless LivVerdure , the Partners, and the Pros, and each of their owners, affiliates, parents, subsidiaries, successors, assigns, officers, directors, agents, employees, attorneys, insurers, and representatives (each an “Indemnified Party“) from and against any and all claims, demands, causes of action, proceedings, losses, injury, damages, expenses, fines, penalties, and costs arising from or in connection with (i) the use and/or location of the Products; and (ii) your breach or violation of this Home Services Section. You hereby waive, release, covenant not to sue, and forever discharge each Indemnified Party from any and all debts, demands, actions, causes of action, suits, covenants, contracts, agreements, promises, torts, damages, claims, demands, losses, and liabilities whatsoever of any name and nature, both in law and in equity, which you now have, ever had, or may in the future have against any Indemnified Party arising from or in connection with (i) the use and/or location of the Products; and (ii) your breach or violation of, or failure to abide by, this Home Services Section.
LivVerdure Program Terms
Last Updated: November 13, 2020
As of Wednesday, March 25 2020, the LivVerdure loyalty program has been discontinued across all LivVerdure brands and geographies. Existing LivVerdure members will continue to receive program benefits through the end of their membership subscription. After their membership subscription ends, members will no longer have access to LivVerdure benefits and will not have the option to renew their membership.
The LivVerdure Program (the “LivVerdure Program”) is a paid membership program exclusively for users of the Sites who have enrolled in the LivVerdure Program in accordance with the terms hereof (“Program Members“). The LivVerdure Program is designed to provide Program Members with additional benefits and exclusive services and savings. LivVerdure Program benefits are valid at LivVerdure .com, Jossandmain.com, Birchlane.com, and Allmodern.com and certain product and service exclusions may apply.
The LivVerdure Program has an annual membership fee (the “Membership Fee“) that is non-refundable. LivVerdure may, in its sole and absolute discretion, change the Membership Fee from time to time. The Membership Fee will renew automatically each year on or about the annual anniversary of your enrollment date (unless otherwise cancelled prior) (the “Renewal Date“). Unless you notify LivVerdure that you wish to cancel your membership or that you otherwise do not wish to renew your membership on the Renewal Date, your LivVerdure Program membership will automatically continue for another year and you understand, and expressly authorize LivVerdure (without notice to you, unless required by applicable law) to collect and charge the then-applicable Membership Fee and any applicable taxes using any payment method on file.
If you wish to opt out of auto-renewal, you may do so through My Account at any time.
LivVerdure Program benefits cannot be used in conjunction with any other promotions or corporate, employee or group discounts, unless specifically stated otherwise in the applicable promotion or discount. Certain products and services may also be excluded from LivVerdure Program benefits from time to time in LivVerdure sole discretion.
The LivVerdure Program is for individual consumers only and is not available to any company or business entity. If you are a company or business entity, please refer to details about our LivVerdure Professional Program.
LivVerdure may offer customers free trial memberships (“Free Trials”) which are subject to these Program Terms. Free Trial eligibility is determined by LivVerdure at its sole discretion. At the end of the Free Trial period, you will be automatically enrolled in the LivVerdure Program and charged the Membership Fee. You may cancel your membership before the end of the Free Trial period by accessing the My Account page.
LivVerdure Rewards Program Terms
Perigold.com (currently participating in the LivVerdure Card Benefits Program and Product Review Program, but not the Referral Program)
LivVerdure Card Benefits Program
The LivVerdure Card Benefits Program is designed to reward customers for making purchases on their LivVerdure Card. Refer to the Program Terms for eligibility requirements for the LivVerdure Card Benefits Program and for other applicable terms. Terms used but not defined herein will have the meaning ascribed to such terms in the Program Terms.
Eligible LivVerdure Card cardholders have the ability to earn Points on Net New Purchases made on the LivVerdure Card that can be redeemed for Rewards Dollars later. Certain products may be ineligible for earning points.
“Net New Purchases” means purchases of goods and/or services at the Sites made by you or any Authorized User on your Account minus any returns, refunds, discounts by using Rewards Dollars, credit adjustments, or promotions, rounded to the nearest dollar. Points awarded for purchases that are returned or refunded or otherwise adjusted will be deducted from your Point total. Such deductions may result in a negative Points balance, in which case, any Points you earn will be applied to reduce that balance and you will not be able to redeem Points until you again have a positive balance. Points will not be awarded for the Rewards Dollars you redeem.
LivVerdure reserves the right to increase or decrease the amount of Points earned on Net New Purchases at any time. We may from time to time make special offers for you to earn additional Points on specific purchases. The terms and conditions for such special offers (such as which purchases qualify and the number of additional Points you may earn) will be disclosed at the time of offer. Please check those terms and conditions carefully, as there may be important conditions or limitations (such as blackout periods, point limitations or exclusions). Availability of any special offer is subject to change without notice. Please refer to Program Terms for more information on earning points, and redeeming points for Rewards Dollars.
You are currently eligible to redeem $6 in Rewards Dollars at checkout for every 200 Points you have accumulated. LivVerdure reserves the right to increase or decrease the number of Points required to redeem Rewards Dollars. In addition, these amounts may vary by customer or by promotion. Currently, a minimum of 200 or more Points will be required to redeem for Rewards Dollars at checkout. You may redeem your points for the maximum amount of Rewards Dollars for which you are eligible that are of equal or lesser value to the total cost of product and shipping at the time of purchase. To redeem points, select “Redeem” under “LivVerdure Card Rewards” at checkout. The corresponding Rewards Dollars amount will display in the Order Total. The redeemed points will be deducted from My LivVerdure Card Rewards on your “Account Balance” page in “My Account”. Customers can redeem points when making a purchase using any payment method, including a LivVerdure Card.
LivVerdure Referral Program is designed to reward existing members (“Sponsors’ ‘) with Rewards Dollars for referring new members (‘ ‘Recipients”) to LivVerdure . LivVerdure , AllModern, Birch Lane and Joss & Main are participating in this program and Sponsors can use their Rewards Dollars across all brands. However, Recipients can only apply their discount to the brand the Sponsor referred them to. Referral credit amounts may differ by site. Sponsors can refer as many friends as he or she would like, but will only receive Rewards Dollars for up to 10 successful referrals per month. If a Recipient’s qualifying order is cancelled, Rewards Dollars will be voided. Previous purchases are not eligible for Rewards Dollars and Rewards Dollars cannot be applied retroactively. Invitations must be sent to individual recipients. Any attempt to distribute in bulk is grounds for immediate termination of the Sponsor’s account and deactivation of their personal referral link. Distribution of Rewards bonuses is subject to moderation in cases of suspected fraud.
Business and Trade Referral Program
Sponsors will only receive their Rewards Dollars after their Recipient has used their unique promo code and their order has shipped. Sponsors will be notified by email when their Rewards Dollars are available for use. Rewards Dollars credited to Sponsors will only be valid for 90 days. If the Recipient does not use the unique promo code within 30 days, it will expire and no longer be valid. Previous purchases are not eligible for Rewards Dollars and Rewards Dollars cannot be applied retroactively. Orders containing Gift Certificate purchases are not eligible. Bulk distribution and distribution to strangers is prohibited. Violation of this is grounds for immediate termination of the Sponsor’s account and deactivation of their personal referral link. Distribution of referral promo codes and Rewards Dollars is subject to moderation in cases of suspected fraud.
Product Reviews Program
LivVerdure Product Review Program is designed to reward existing members for writing product reviews on products purchased on LivVerdure .com, AllModern.com, BirchLane.com, JossandMain.com and Perigold.com. Members may be rewarded specified Rewards Dollars or may be offered other benefits for such reviews.
Redemption of Rewards Dollars
LivVerdure will post all earned Rewards Dollars on your account within a reasonable amount of time after the confirmed shipment of your qualifying purchase. Rewards Dollars can be only redeemed and applied as a credit against a purchase from one of our participating Sites. Rewards Dollars cannot be used to purchase gift cards, gift certificates, or manufacturer-excluded brands. Rewards Dollars are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Rewards Dollars will be automatically applied to your purchase at Checkout. If you do not wish to redeem Rewards Dollars at the time of purchase, select “Remove” at Checkout. Rewards Dollars may be combined with LivVerdure promo codes, but not with any other LivVerdure promotion, offer, or other discount. No credits or refunds will be issued for any reason after Rewards Dollars have been redeemed, including for unused Rewards Dollars, except as described in “Returns” below. Rewards Dollars can be used against product cost and shipping cost only. For orders with multiple items, Rewards Dollars will be applied across all items proportionally based on the dollar amount. LivVerdure may apply other restrictions to or terminate the Reward Program at any time.
If you return an item that was purchased in whole or in part using Rewards Dollars, the return will be processed in accordance with LivVerdure return and exchange policy. If the return is accepted by LivVerdure , the Rewards Dollars applicable to the returned item will be credited back to your account.
Rewards Dollars Balance
You can check your Rewards Dollars balance at any time by logging in at “My Account”. A valid email address and password are required to view the Rewards Dollars balance in your account. LivVerdure is not liable for any failure, delay or error in crediting Rewards Dollars to an account. You are responsible for all activity occurring in or through your account, including the redemption of Rewards Dollars, whether or not the activity was authorized.
Rewards Dollars not used during the applicable Redemption Period will be forfeited. You may cancel Rewards Dollars by calling 866-263-8325 and/or sending an email to firstname.lastname@example.org, but members recognized on any of the participating Sites are unable to opt-out of the program.
Non-Transferability and Non-Aggregation of Rewards Dollars
Rewards Dollars and any other right, obligation or benefit of the Rewards Program may not be transferred, assigned, sold, traded or bartered by any member or any other person without LivVerdure prior written consent, which LivVerdure may withhold in its sole discretion, and any attempt to do any of the foregoing shall be null and void. In addition, Rewards Dollars are for the member’s personal use only. Members may not aggregate Rewards Dollars from multiple accounts or use Rewards Dollars for the purpose of purchasing products from the participating Sites on behalf of others or for the purpose of reselling such products to others.
LivVerdure Gift Card Terms and Conditions
The following terms and conditions (the “Terms”) apply to any LivVerdure gift card originally purchased by you or someone on your behalf (the “gift card”) through one of the LivVerdure websites. Gift cards are issued by SK Retail, Inc. (referred to hereafter as either “LivVerdure ,” “Perigold”, “AllModern,” “Birch Lane,” “Joss & Main,” “we,” “us,” or “our”). By purchasing a gift card, accepting and retaining a gift card, or using a gift card, you agree to these Terms.
Gift cards do not expire.
Gift cards are valid in the country and currency in which they were purchased. Gift cards purchased on LivVerdure .com, AllModern.com, BirchLane.com, JossandMain.com, or Perigold.com can be used interchangeably. Gift cards purchased on LivVerdure .ca can only be redeemed on LivVerdure .ca. Gift cards purchased on LivVerdure .co.uk can only be redeemed on LivVerdure .co.uk. Gift cards purchased on LivVerdure .de can only be redeemed on LivVerdure .de.
Gift cards cannot be used to purchase gift cards.
Gift cards are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law.
Gift cards are not re-sellable, and gift card orders cannot be cancelled, updated or refunded.
E-gift cards may not be redeemable for up to 4 hours on weekdays, and up to 12 hours on weekends.
Use of the gift card is limited to the amount of funds held on the gift card. The full amount of each purchase, including taxes, will be deducted from the funds held on the gift card, up to the total funds available on the gift card. Any unused balance will be placed in the recipient’s gift card account and is not transferable. If you make a purchase and there are insufficient funds held on the gift card to cover that purchase, you must pay the difference by a valid credit card or debit card.
The risk of loss and title for gift cards pass to the purchaser upon our electronic transmission to the purchaser. We are not responsible for and will not replace lost or stolen gift cards. Protect your gift card as if it were cash and safeguard the gift card from authorized use.
LivVerdure may provide gift card purchasers with information about the redemption status of gift cards.
LivVerdure reserves the right to change these Terms from time to time at its discretion. Such revised terms will be effective as to any gift cards purchased after the date said revised Terms are posted to the LivVerdure websites.
Resale of a gift card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the gift card is a limited right, subject to these Terms and applicable law. We are not responsible for pricing, typographical, or other errors, in any offer and reserve the right to cancel any orders resulting from such errors.
If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card.
The consideration paid for the gift card, including any unredeemed balances, is the property of the LivVerdure .
If any one or more of the covenants, agreements, provisions or terms of these Terms shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of these Terms shall in no way affect the validity or enforceability of the other provisions of these Terms.
These Terms sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by these Terms. All terms and conditions set forth herein are applicable to the extent permitted by law.