TERMS OF USE
Acceptance of Terms.
Welcome to livable-us.com (the “Website”), a website owned and operated by Tokyu Livable US, Inc. (the “Company”). The use of the Website and the sale and use of products, services, and information offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale or use appearing on this Website (collectively, the “Terms of Use”). Your use of this Website in any manner, including, without limitation, browsing, creating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them. Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Website still binds you to these Terms of Use. You also acknowledge and agree that any disputes that may arise under these Terms of Use will be governed by the laws of the State of California, without giving effect to any conflict of laws principles.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE WEBSITE. BY VIEWING OR USING ALL OR ANY PART OF THE WEBSITE, DOWNLOADING ANY MATERIALS, PURCHASING ANY PRODUCTS OR SERVICES, OR BY SUBMITTING ANY INFORMATION THROUGH THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.
Changes.
The Company reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time and without notice. It is your responsibility to periodically check the Terms of Use for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes your acceptance of and agreement to be bound by those changes.
Privacy.
The Company’s use of personal information that you may submit to us through this Website is governed by the Privacy Policy, which is posted for your review separately on this Website.
Rules and Conduct.
The Website (including without limitation, any content, documents or other information made available via the Website) is provided only for your personal, non-commercial use. Any unauthorized use of the Website is expressly prohibited.
As a condition of use, you promise not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by the Company. You agree to abide by all applicable local, state, national and international laws and regulations.
You agree not to, without limitation, (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Website, that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, profane or which otherwise violates the Terms of Use;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- imposes an unreasonable or disproportionately large load on the Company's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password mining or otherwise;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of the Company or any third party; or
- harvests or collects any information from the Website; or
- impersonates any person or entity, including any employee or representative of the Company.
The Company may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform strictly with any provision of this section.
Content.
The Company has no obligation to monitor the Website or any use thereof. However, the Company reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
Third Party Websites.
This Website may contain links to other sites that are neither owned nor operated by the Company, although some such sites may have an affiliation with the Company (collectively, “Third Party Websites”). Such links are provided for your convenience only. The Company makes no representations whatsoever about any Third Party Websites which you may access through this Website, as the Company has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on this Website or the Third Party Website is granted or implied. The terms of use or privacy policies applicable to Third-party Websites may differ significantly from those of this Website. You are encouraged to review the applicable terms of use and privacy policies of such Third Party Websites.
Proprietary Rights.
You agree that all content and materials made available at the Website are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by the Company in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Website for your internal purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited.
Reproducing, copying or distributing any content, materials or design elements on the Website for any other purpose is strictly prohibited without the express prior written permission of the Company. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.
No Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE “CONTENT”) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE WEBSITE, CONTENT, OR SERVER THROUGH WHICH THEY ARE PROVIDED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ELEMENTS; OR (F) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR SOLE COST AND RISK.
Limitation of Liability.
IN NO EVENT SHALL THE COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE FOR ANY LIABILITIES, CLAIMS, EXPENSES, LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE, THE CONTENT OR THE SUBJECT MATTER OF THESE TERMS OF USE OR THE PRIVACY POLICY, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, suppliers, and each of their employees, contractors, officers, directors and representatives from all liabilities, claims, expenses, losses, or damages, including attorneys' fees, that arise from or relate to your use or misuse of the Website or violation of these Terms of Use. The Company reserves the right, at its own expense, to assume the exclusive defense and control, or compromise, of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in such defense or compromise.
International Use.
The Company makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Website is prohibited from territories where such Content is illegal. If you access the Website from other locations, you do so at your own risk and are responsible for compliance with local laws.
Governing Law and Dispute Resolution.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Website or these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Website shall be filed only in the state or federal courts located in Los Angeles, California, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
Integration and Severability.
These Terms of Use are the entire agreement between you and the Company with respect to the use of this Website, and supersede all prior or contemporaneous communications, proposals, or agreements (whether oral, written or electronic) between you and the Company with respect to this Website (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.
Miscellaneous.
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent or notice. Any waiver or modification to these Terms of Use must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under these Terms of Use will be in writing and will be deemed to have been given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by fax or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Copyright and Trademark Notices.
Unless otherwise indicated, these Terms of Use, all Content, and all products and services referenced at the Website, and all associated copyrights, trademarks, trade dress and all other intellectual property rights related thereto are owned, controlled, or licensed by the Company or its licensors or suppliers. All worldwide rights, titles, or interests related to the Website or the Content are expressly reserved. The names of actual companies and products referenced at the Website may also include trademarks or other intellectual property rights of their respective owners.
PRIVACY POLICY
Tokyu Livable US, Inc. (the “Company”) considers the privacy and security of user information an integral component of the services offered at our website, livable-us.com (the “Website”). The following information explains how the Company collects and uses information obtained from users in connection with services available at the Website (“Privacy Policy”).
Scope.
This Privacy Policy covers the Company’s treatment of personal information that is gathered when you use the Website. Personal information includes, but is not limited to, your name, physical address including postal code, telephone number, e-mail address (“Personal Information”). This Privacy Policy does not apply to the practices of parties that the Company does not own or control, or to individuals that the Company does not employ or manage.
Information Collected and How We Use It.
In order to provide you with a friendly, customized, and efficient experience, we collect Personal Information of several types from our customers. Please note that the Website is not intended for use by children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13.
Information You Provide to Us: We receive and store any information you enter on the Website or provide to us in any other way. The Company uses the information you provide to us in order to improve the quality of the Website and its Content, in certain instances, provide you with customized content according to your preferences, fulfill your requests for products or services, and send you information about products and services.
At your election you may choose to stop receiving future electronic communications from the Company and/or our partners by replying to an e-mail with “Unsubscribe” in the subject line or by emailing us at Acq-TLI.Texas109@ma.livable.jp.
If you wish to access to, correct or delete your Personal Information, please submit a verifiable consumer request to the email address below.
Email us at Acq-TLI.Texas109@ma.livable.jp
We cannot respond to your request if we are unable to verify your identity or authority to make the request and confirm the personal information relates to you. We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
Cookies and Other Technology: Like many sites, the Website employs cookies and web beacons to speed your navigation of the Website, recognize you and your access privileges, and track your Website usage.
(a) Cookies. Cookies are pieces of information that a website transfers to your computer's hard disk to enable saving of your Website preferences, and for other record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. We do not combine personal information you provide to us with information collected through cookies. Most web browsers can be set to refuse cookies, although this may cause certain features of our Website to cease functioning properly. The “help” function on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Some web browsers allow the user to send “do-not-track” signals to websites, but at this time, our website does not respond to such signals.
(b) Web Beacons. Web beacons assist in delivering cookies and help us determine whether a web page on this Website has been viewed and, if so, how many times. For example, any electronic image on this Website, such as an ad banner, can function as a web beacon.
(c) Log Files. When you visit the Website, web servers collect information "traffic data" (such as time and date, the address of the website from which you entered the Website) about your visit, which is stored as anonymous, aggregate data. Collecting such data may entail the use of IP addresses or other numeric codes used to identify a computer. The Company uses "traffic data" to help diagnose problems with its server, analyze trends and administer the Website. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Website. The Company may also use your IP address to help diagnose problems with its server. IP addresses are also used to provide an audit trail in the case of any attempted illegal or unauthorized use of the Website.
Sharing of Information.
We will not share your personal information with other individuals or non-affiliated companies except in the following circumstances:
Consent: The Company may disclose or share information with our partners when you have provided consent to do so.
Protection of the Company and Others: The Company may disclose personally identifiable data if it is required to do so by law or if the Company has a good faith belief that such action is necessary to conform to applicable laws or comply with any legal, regulatory or similar requirement or investigation, to protect or defend the rights or property of the Company or another user, or to enforce any Website terms of use.
Business Transfers: The Company may transfer personally identifiable information to any successor to all or substantially all of its business or assets.
Aggregation: The Company may share aggregated usage and demographic information collected via our Website. However, no personally identifiable information will be included in these aggregations.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service.
Security.
The Website incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer ("SSL") for all financial transactions we process. We use SSL encryption to protect your personal information online. Information collected by the Company is stored in secure operating environments that are not made generally available to the public. Once the Company receives your transmission, we will make reasonable efforts and comply with industry practices to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that:
(a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Website cannot be guaranteed; (c) any such information and data may be viewed or tampered with in transit by a third party; and (d) WHEN YOU TRANSFER ANY INFORMATION TO US, YOU DO SO AT YOUR OWN RISK.
Third Party Sites.
The Website may permit you to link to other websites on the Internet, and other websites may contain links to the Website. These other websites are not under the Company’s control. The privacy and security practices of websites linked to or from the Website are not covered by this Privacy Policy, and the Company is not responsible for the privacy or security practices or the content of such websites.
Offline Collection, Use & Disclosure of Information.
The majority of the information that we collect is obtained through our Website, and this Privacy Policy applies only to that online collection of personal information. We also collect information offline, for example, at our coworking spaces, rental offices and events, where we also try to protect the privacy of your personal information. When we need to store information (such as order information), we will, where possible, enter it into our system using encryption. We make every reasonable effort to treat offline collection, uses, and disclosures consistently with our relevant online practices.
Changes.
The Company reserves the right, at its sole discretion, to modify or replace any of this Privacy Policy at any time and without notice. It is your responsibility to periodically check this Privacy Policy for changes. Information collected via the Website is subject to the Privacy Policy in effect at the time of use. Your use of the Website following the posting of any changes to the Privacy Policy constitutes your acceptance of and agreement to be bound by those changes. This Privacy Policy was last updated 06/18/2020.
CCPA PRIVACY NOTICE
This CCPA Privacy Notice (“Notice”) describes Tokyu Livable US, Inc.’s (the “Company”) privacy practices as required by the California Consumer Privacy Act (“CCPA”) and supplements the information contained in the Company’s Privacy Policy available at above.
This Notice applies to visitors, users and others that are California residents, that are considered “Consumers” under the CCPA, and from whom we collect “Personal Information” as defined in the CCPA.
Ⅰ. Personal Information We May Collect.
The categories of Personal Information that we may collect will depend on the particular Business Purpose (as described below) for which it is collected but may include, without limitation:
Category |
Examples |
A. Identifiers |
Name, alias, address, phone number, device ID, IP address, email address, etc. |
B. Personal information under Cal. Civ. Code § 1798.80(e) |
Name, signature, address, phone number, education, employment, employment history, bank account number, etc. |
C. Protected class characteristics |
None. |
D. Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
E. Biometric information |
None. |
F. Internet or other similar network activity |
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, etc. |
G. Geolocation data |
None |
H. Sensory data |
Electronic, audio, or visual information, etc. |
I. Employment-related information |
None. |
J. Education information under 20 U.S.C. 1232g |
None. |
K. Inferences from personal information |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Personal Information does not include de-identified or aggregated consumer information.
The Company may obtain Personal Information from the following categories of sources:
- Directly from you, such as from forms you complete or services we provide you.
- Indirectly from you, such as from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website, servers, email system, mobile applications, phone system, etc.
Ⅱ. How We May Use Personal Information.
We may use or disclose the Personal Information we collect from you or about you to do one or more of the following:
- To fulfill or meet the purpose for which you provided the information.
- To contact you and to inform you about benefits or information relating to the services you request from us.
- To provide, support, personalize, and develop our website and services.
- To create, maintain, customize, and secure your information or accounts with us.
- To process your requests or transactions and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our systems, applications, website, services, databases and other technology assets, and business.
- For research, analysis, and business development, including to develop and improve our business processes, website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA or subsequently agreed to by you.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our Consumers is among the assets transferred.
Ⅲ. How We May Share Personal Information.
The Company may disclose your Personal Information to our affiliates or to a third party for a “Business Purpose” as defined in the CCPA, including the following categories of third parties:
- The Company’s affiliates or service providers.
- Third parties with whom you direct us to share your personal information in connection with services we provide to you.
We do not “sell” (as defined in the CCPA) your Personal Information. We do not disclose your Personal Information to third parties for their direct marketing purposes.
Ⅳ. Your Rights and Choices.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you) also called a data portability request)
- If we disclosed your personal information for a business purpose: Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Ⅴ. Exercising Access, Data Portability, and Deletion Rights.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Ⅵ. How We May Respond To Your Request.
We cannot respond to your request to provide you with personal information if we are unable to verify your identity or authority to make the request and confirm the personal information relates to you. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
Ⅶ. Non-Discrimination.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you services or charge you different prices or rates for services.
Ⅷ. Changes, Contacts, and Effective Date.
The Company reserves the right to amend this Notice in our sole discretion and at any time. When changes are made, we will endeavor to provide an updated Notice as soon as possible. If you have any questions or comments about this Notice, how the Company collects and uses your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please contact at:
Phone: 1-469-473-4242
Email: Acq-TLI.Texas109@ma.livable.jp.
Address: Attn: 7800 Dallas Parkway Suite 115 Plano, TX, 75024
Effective Date: 06/18/2020