Terms of Use

Last Updated:

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you and Liveactive concerning your access to and use of our website and services. By accessing or using our website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.

We reserve the right to modify these Terms of Use at any time. We will notify you of any changes by posting the new Terms of Use on this page and updating the "Last Updated" date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms of Use.

2. Description of Services

Liveactive provides custom manufacturing services for blinds and curtains. Our services include design consultation, precise measurement, custom fabrication, and professional installation of window coverings for residential and commercial properties in the New York area.

Our website serves as an informational platform where you can learn about our services, view our product offerings, and contact us for consultations and quotes. The website provides general information about our manufacturing capabilities, materials, and processes.

3. Eligibility and Account Registration

You must be at least 18 years old to use our services or enter into any agreement with us. By using our website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts.

While our website does not currently require account registration for browsing, any future account features will require you to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

4. Use of Website

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. This license does not include any right to:

Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the website.

Use any automated system, including robots, spiders, or scrapers, to access the website or collect data without our express written permission.

Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to the website.

Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.

5. Intellectual Property Rights

All content on this website, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Liveactive or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The compilation of all content on this website is the exclusive property of Liveactive and is protected by copyright laws. All trademarks, service marks, and trade names are proprietary to Liveactive or other respective owners.

You may not use any content from our website for commercial purposes without obtaining a license to do so from us or our licensors. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent.

6. User Content and Submissions

Our website may allow you to submit content, including messages, reviews, comments, and other materials. By submitting content to our website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

You represent and warrant that you own or control all rights to the content you submit, that the content is accurate, and that use of the content does not violate these Terms of Use or any applicable laws or regulations.

We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms of Use, is offensive, illegal, or infringes upon the rights of others. We are not responsible for any user-submitted content and do not endorse any opinions expressed by users.

7. Orders and Quotes

When you request a quote or place an order for our services, you are making an offer to purchase services from us. We reserve the right to accept or decline any order or quote request at our discretion. All orders are subject to availability and confirmation of the order details.

Quotes provided through our website or by our representatives are estimates based on the information provided and are subject to change upon actual measurement and assessment. Final pricing will be confirmed before manufacturing begins.

By placing an order, you agree to provide accurate and complete information regarding your project requirements, measurements, and installation location. You are responsible for ensuring that the information you provide is correct, as errors may affect the final product.

8. Pricing and Payment

All prices displayed on our website are in United States Dollars and are subject to change without notice. We reserve the right to modify our prices at any time, but changes will not affect orders that have already been confirmed.

Payment terms will be specified in your order confirmation or contract. We accept various payment methods, which will be communicated to you during the ordering process. Full or partial payment may be required before manufacturing begins, depending on the scope of the project.

You are responsible for paying all applicable taxes, fees, and charges associated with your order. If payment is not received according to the agreed terms, we reserve the right to suspend or cancel your order and pursue collection of any outstanding amounts.

9. Manufacturing and Delivery

Custom manufacturing timelines will be provided when you place your order and may vary depending on the complexity of the project, material availability, and our current production schedule. We will make reasonable efforts to meet estimated delivery dates, but these dates are not guaranteed.

Delivery and installation arrangements will be coordinated with you once manufacturing is complete. You are responsible for ensuring that the installation location is accessible and prepared for installation on the scheduled date.

Risk of loss and title for products pass to you upon delivery. You are responsible for inspecting products upon delivery and notifying us of any defects or discrepancies within a reasonable time period.

10. Warranties and Disclaimers

We warrant that our products will be free from defects in materials and workmanship under normal use for a specified warranty period, which will be communicated to you at the time of purchase. This warranty does not cover damage caused by improper use, installation, or maintenance.

Except as expressly stated in our warranty, our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components. You assume all responsibility and risk for your use of the website.

11. Limitation of Liability

To the fullest extent permitted by law, Liveactive shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the website or services.

Our total liability to you for any claims arising out of or related to these Terms of Use or your use of the website or services shall not exceed the amount you paid to us for the services in question, or one hundred dollars, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Liveactive, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:

Your use of the website or services in violation of these Terms of Use.

Your violation of any law or regulation or the rights of any third party.

Any content you submit to the website.

Any dispute between you and another user of the website.

13. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Liveactive. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any third-party content, goods, or services available through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your interactions with third-party websites and services are solely between you and the third party.

14. Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

By using our website, you consent to the collection and use of your information as described in our Privacy Policy. We are committed to protecting your privacy and implementing appropriate security measures to safeguard your personal data.

15. Copyright Infringement Claims

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our website infringes your copyright, please notify us in writing with the following information:

A description of the copyrighted work that you claim has been infringed.

A description of where the allegedly infringing material is located on the website.

Your contact information, including address, telephone number, and email address.

A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

16. Termination

We reserve the right to terminate or suspend your access to our website and services at any time, without prior notice or liability, for any reason, including if you breach these Terms of Use. Upon termination, your right to use the website will immediately cease.

All provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms of Use or your use of the website shall be brought exclusively in the state or federal courts located in New York County, New York.

You consent to the personal jurisdiction of such courts and waive any objection to the venue of any such proceeding in such courts. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of the website or services, you agree to first contact us to attempt to resolve the dispute informally. We will work with you in good faith to reach a mutually acceptable resolution.

If we are unable to resolve the dispute informally within thirty days, either party may pursue formal dispute resolution through arbitration or litigation as permitted by law. Any arbitration shall be conducted in accordance with the rules of the American Arbitration Association.

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms of Use due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or failures of third-party service providers.

In the event of a force majeure situation, we will make reasonable efforts to notify you and to resume performance as soon as practicable. If the force majeure event continues for more than thirty days, either party may terminate the affected order or service agreement.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published on the website, constitute the entire agreement between you and Liveactive regarding your use of the website and services, and supersede all prior agreements and understandings.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Use, please contact us:

Liveactive
245 East 77th Street
New York, NY 10075, USA
Phone: +1 (718) 747-4438
Email: business@liveactive.world

We will respond to your inquiry as promptly as possible and work to address any concerns you may have.

22. Accessibility

We are committed to making our website accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards and guidelines. If you encounter any accessibility barriers while using our website, please contact us so we can work to address the issue.

23. Language

These Terms of Use are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

24. Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms of Use. The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

25. Assignment

You may not assign or transfer these Terms of Use or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms of Use or any rights or obligations hereunder at any time without restriction and without notice to you.