CLOTHESLYNE, INC. TERMS OF SERVICE
Clotheslyne, Inc. (the “Company”) is pleased to provide professional pick-up and delivery laundry services to our customers and offers quality and convenience at an affordable price. Our services are subject to the terms and conditions below. Your use of Clotheslyne, Inc. services (the “Services”) indicates your agreement to be bound by the terms and conditions contained herein. Please read the following provisions carefully and let us know if you have any questions. We look forward to doing business with you!
Please Note: This Terms of Service (the “Terms” or the “Agreement”) contains the complete terms and conditions that govern your use of the Services, Company website, the Clotheslyne, Inc. mobile app, including, unless otherwise expressly stated, any subdomains thereof, and any other website or mobile application through which the Company makes the Services available (whether in existence now or subsequently developed). This Agreement does not address the relationship between the Company and any Provider/Partner (as such term is defined in Section 2 below) acting in their capacity as a Provider/Partner.
Further, these Terms contain an arbitration clause and class action waiver that applies to your use of the Company’s websites, mobile application and Services. Please note, this arbitration clause and class action waiver will affect the manner in which disputes with the Company are and may be resolved. By accepting these Terms, you agree to be bound by the arbitration clause and class action waiver. Please read this Agreement carefully.
BY CONTINUING TO ACCESS, USE, INTERACT OR ATTEMPT TO DO ANY OF THE FOREGOING WITH RESPECT TO THE WEBSITE(S), [MOBILE APPLICATION(S),] CONTENT OR SERVICES OFFERED BY THE COMPANY (HEREINAFTER REFERRED TO AS “CONTINUED INVOLVEMENT”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE COMPANY’S WEBSITE(S), MOBILE APPLICATION(S), CONTENT OR SERVICES. THE COMPANY RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE,
TO MAKE CHANGES TO THIS AGREEMENT AT THE COMPANY’S SOLE DISCRETION. YOU WILL BE NOTIFIED OF ANY CHANGES TO THIS AGREEMENT UPON SUCH CHANGES GOING INTO EFFECT, AFTER WHICH YOUR CONTINUED ACCESS TO OR USE OF THE COMPANY’S WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
Last Updated: June 16, 2021
We want our customers to know that we are always working to improve our Services. As such these Terms may need to change as our services evolve and improve. We reserve the right to change the Terms at any time, but if we do, we plan to notify our customers by placing a notice on our website (located at www.clotheslyne.com
), sending you an email, and/or notifying you by
some other means. Should you not agree with the new Terms, you are free to reject them. Upon rejection of the terms you will no longer be able to use our Services. Use of Services in any way after a change to the Terms is effective is an agreement to all changes made.
- Customer Accounts
You will be asked to provide certain registration details or other information prior to your use of the Services. It is a condition of your use of the Services that all the information you provide will be correct, current, accurate and complete. If the Company believes the information you provide is not correct, current, accurate or complete, the Company reserves the right to deny your access to the Services, or to any of its resources, and to terminate or suspend your access and use at any time without notice to you.
Any termination or suspension shall also result in the termination of any and all future services requested or pre-paid for—the latter of which shall result in a full refund of any amount pre-paid for such future services pursuant to Section 6. In the event of a termination or suspension, the Provider/Partner (as such term is defined in Section 2) responsible for rendering the Services shall complete the current services and you shall be responsible for paying for such Services. Termination or suspension shall not waive your responsibility to pay any outstanding invoices for services rendered on or before the termination or suspension of your account.
You are responsible for maintaining the confidentiality, security and maintenance of your account information, including but not limited to: login credentials (username and passwords or passcodes), credit card information, debit card information, banking information (account numbers, routing numbers, bank name, etc.), communications with the Company,
communications made through the Company’s website(s) and communications with Providers/Partners. You must immediately notify the Company if any information listed in this section has been lost, stolen, misappropriated, or otherwise compromised.
Further, you must immediately notify the Company if any unauthorized access to your account has occurred. From time to time, the Company may require that you change your password. You are prohibited from using the Services or facilities provided in connection with the Company, the Company’s website(s) or mobile applications to compromise security or tamper with system resources and/or accounts, either yours or another customer’s. The use or distribution of tools designed for compromising security (including, but not limited to, password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents, to suspend and/or terminate your account and prohibit your use of and access to the Company’s websites, applications, and services, and take any additional action as permitted by law.
The Company reserves the right to investigate suspected violations of this Agreement. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate
this Agreement. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent with respect to such activities.
- Clotheslyne, Inc. Providers/Partners
Clotheslyne, Inc. providers/partners (“Providers/Partners”) are independent contractors of the Company. Providers/Partners are responsible for establishing routines with respect to your service needs, such as pick-up/drop-off schedules, specific laundering instructions and personal preferences. While Providers/Partners have independent control over the means and methods of providing services (including, but not limited to, the products used in your laundering care), each Provider/Partner, is held to the high standards of customer service and quality performance established by the Company. If you ever have a compliment or concern with your service, please do not hesitate to contact the Company at the contact information provided herein. Both Clotheslyne, Inc. and your Provider/Partner value your business and care about
providing excellent service to you.
All services will be provided by a Provider/Partner. Pick-up/Delivery will take place on a predetermined day, frequency and location as determined by you and your Provider in advance of Pick-up/Delivery, except on certain holidays. Please note, internal Company policies urge Providers/Partners to comply with most-current United States Centers for Disease Control COVID-19 regulations and guidance.
The Company or you may change the predetermined pick-up/delivery times (the “Time” or “Times”) and locations (the “Location” or “Locations”) (together and individually, the “Predetermined Information”) with advance notice. Once included in an order submitted to the Company, you may only alter the Predetermined Information if you pay an alteration fee (to be applied each time you alter the Predetermined Information). If you must change the Predetermined Information, the Company requires at least a two (2) hour notice prior to any change. You are free to cancel any order more than 2 hours before the applicable Time without charge. If you must cancel an order within 2 hours of the applicable Time, you agree to pay a fifteen percent (15%) penalty. If you cancel your order after pickup you will be charged the full estimated price of your order at the time placed (taking into account any subsequent changes to your order or other fees incurred with respect to such order).
Under your discretion you are able to select a Location with each order. You acknowledge that the Location must be secure. Furthermore you acknowledge and agree that your Continued Involvement shall constitute a representation and warranty from you that a Location selected by you is secure. The Company and its Providers/Partners assume no liability arising from any damage to property or person that may befall you or any third-party at any Location at the relevant Time.
Under your discretion, you are able to leave and collect your items at the Location you described on the applicable order form. If the items involved in your order are not provided at the relevant
Location for pick up in a timely fashion, Providers/Partners will not seek to locate you or the relevant items (including, without limitation, by knocking on the door or ringing the doorbell of a residence). Through your Continued Involvement, you acknowledge and agree that if you do not furnish the items involved in your order at the relevant Location at the relevant Time, you will incur a “missed pick up” fee in the amount of fifty percent (50%) of your estimated order total. Items left for pick up are not under our care until we have retrieved said items. Items left for delivery at the predetermined location will not be under our care once they have been left at the agreed upon location. The Company and its Providers/Partners are not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pick-up or delivery. We strongly advise you to choose a secure location that is outside of public view and access.
Services will be provided in either a 2-day turn around or Next day from the date of pick up. If your order meets the following circumstances there may be an extension:
- The order is larger than five (5), 13 gal bags in size or 100lbs in weight.
- Requires unexpected and additional processing for stubborn stains, extra drying time or other items or services either requested or approved by the customer which require additional processing time.
- A new date and time has been established and accepted by both parties.
- Missed/ Pickup or Delivery
If a scheduled pickup/delivery is missed, you must coordinate with the Provider/Partner to reschedule. You may be subject to a missed pickup/delivery fee in the amount of fifteen USD ($15.00) if you fail to notify the Company or the Provider of a delay in your Pick-up/Delivery time or do not provide such notice at least two (2) hours prior to the scheduled day & time for pickup or delivery, as applicable.
By placing an order to utilize the Service, you are offering to purchase the services you have selected in said order. Our acceptance of the offer occurs at the time we accept your order for pickup at the designated location. Prior to our acceptance of your order, there is no agreement between you and the Company binding the Company to the performance of any services requested in your order. If your order is accepted, we will send you an electronic communication acknowledging receipt of your order, including the services and quantities you selected.
Your payment card will be charged the amount of the services selected within your order upon your acknowledgment of receipt of your order, including the service fee applicable to your order. Please note that the estimated charge provided to you at the time you initially place your order for the Service is subject to change in accordance with the terms set forth below in this Section 5, and any additional amounts owed as a result of said change shall be charged to your payment card at the time you acknowledge delivery of your order.
All online payments are processed through the Company’s secured Third Party payment system. Inputting payment information into such Third Party payment system shall be considered an authorization by the customer of payments for services rendered. The Company does not accept cash.
The Company reserves the right to change prices at any time. Prices for services shown on the Company website or mobile application may differ from the prices actually assessed to you, due to, amongst other factors weight, non-standard items, large items, your inclusion of additional items in your order that were not accounted for in your initial order submission, taxes, service fees and other applicable fees. In the case of any such price change, a notification of such change shall be sent to you.
As such, the total estimated price quoted to you at the time you submit an order is subject to change, and you will be charged an updated total (including any applicable discounts, promotions, coupons (if available), substitutions, service fees, taxes and other applicable fees) at the time you acknowledge receipt of your order.
Payment for Services should never be made directly to a Provider/Partner. If additional services outside of the customer’s initial request are requested, the customer authorizes the Company to charge the fee for such services to his/her credit card on file. Invoices are processed according to the payment terms set forth on the invoice but shall be paid no later than the due date stated thereon. The Company reserves the right in its sole discretion to suspend and/or terminate a customer’s account and the services to be provided to the customer in the event an invoice is not fully paid. Late fees and termination or suspension of a customer’s account and services for any delay in payments shall apply. In the event, a payment method is dishonored, rejected or otherwise not capable of being processed (a “Payment Denial”), the Company may assess additional fees to account for any additional expenses or servicing incurred by the Company or a Provider/Partner as a result of such Payment Denial. Any amounts owed by a customer thereafter suspension or termination of the customer’s account shall remain due, owed and payable immediately to the Company. The Company reserves the right to pursue enforcement of its right to payment of amounts owed and unpaid by any customer (including any related late fees) (“Amounts Owed”). The Company also reserves the right to assign, to a third party (including a collection agency), its right to any Amounts Owed.
The Company does not designate any portion of your payment as a tip or gratuity. You understand and agree that, while you are free to provide additional payment as a gratuity you are under no obligation to do so. Gratuities are voluntary.
Except as described in this paragraph, all sales are final and all payments are non-refundable. A customer who has signed up for a prepaid package plan or gift card will have the right to cancel his or her contract within fourteen (14) days of signing up for the Clotheslyne, Inc. service and receive a full refund if no promotional value was received. After such a fourteen (14) day period expires, the Company shall have no obligation to refund any amounts paid by the customer and all sales with respect to which a promotional value was received will be considered final and
non-refundable. Notwithstanding the foregoing, in no case will the Company be liable to refund more than the value of services paid over by you (less any taxes and third party fees), taking into account any promotional value the relevant customer received.
Gift Card Purchaser: In the event the customer has used a gift card to purchase Services, and thereafter requests a refund, and such refund is consistent with the terms set forth in this Section 6, any refund to be provided shall be provided to the customer by way of a newly issued gift card with a balance reflecting the total refunded amount. For more information on our gift card terms and policies, click here.
- Contaminated Items
The customer agrees not to include any of the following items inside their laundry bag (i) non-washable items, (ii) items that are labeled for dry cleaning or hand-washing only, (iii) items that have been exposed to bed bugs, (iv) items that have been exposed to or have come into contact with bio hazardous materials including, without limitation: feces, urine, blood, mold, mildew, lice and other bugs, irrespective of whether such contact or exposure resulted in visible damage (or other alteration of the relevant item); or (v) any other items not meant for laundering. Should items that have been exposed to the factors discussed in clauses (iii) and (iv) of the foregoing sentence be sent for processing, the Company reserves the right to charge for any services or products needed to mitigate damages caused to the Provider’s workspace, vehicle, or physical body, including but not limited to, time required to remedy the situation. The Company also reserves the right to return contaminated items unprocessed if the items are discovered as contaminated pre-processing and a Trip Fee of thirty dollars ($30.00) will be charged.
- Garment Care
The Company desires to provide high quality laundering services and will use all reasonable precautions to avoid damage to clothes. The Company and its Providers/Partners, however, are not liable for any damage due to standard laundering of items, cleaning of items without care instructions, for dry clean or hand-wash items placed inside laundry bags, for special-processing items (e.g., delicate-wash, stain-treatment, etc.) not placed in a separate bag, damage resulting from items left in the clothing, bleeding of colors, shrinking or any other alteration resulting from standard washing procedures.
Standard laundering procedures are defined as washing laundry in a washer with detergent and cold water, and drying laundry in a dryer with heat. Should damage result from a deviation in standard washing procedures, please refer to instructions to Report Lost or Damaged items. The Company will sort items by color, or wash items in hot water only if and as explicitly requested by customer in advance of Pickup. Although Providers/Partners use their best efforts to remove stains, stain removal is not guaranteed.
All items you submit for laundering services provided under this Agreement must be valued at or below two hundred USD ($200.00). You acknowledge that any Continued Involvement on your part will be treated as a representation that any item you submit for laundering services provided under this Agreement (or inclusion of any item with other items submitted for such laundering services) is not valued above two hundred USD ($200.00).
All items you submit for laundering services provided under this Agreement must be machine washable and machine dryable. Providers/Partners do not read and are not responsible to read cleaning instruction labels and are not responsible for special care items, such as dry clean, hand-wash and air-dry items, which are included in the laundry bag. The Company explicitly disclaims any liability for dry clean, hand-wash or air-dry items placed inside laundry bags that, by virtue of such status, are damaged during the process of such laundering services.
The customer is responsible for any and all damage caused by any items left in the customer’s clothing or laundry bag that causes damage to the clothing of any customer, the cleaning machines, or any other property of the Provider/Partner.
Providers/Partners may refuse to clean any garment at their sole discretion. The Company will re-clean items that, at its sole discretion, were not properly cleaned, and have not been worn since they were cleaned, at no additional cost. While Provider/ Partners will endeavor to check and empty pockets in items submitted or included for laundering services, there can be no assurance Providers/Partners will locate any or all personal or other non-cleanable items left in pockets. The Company and Providers/Partners are not responsible for loss of or damage to any personal or non-cleanable items left in the pockets of items submitted of included for laundering services or otherwise left in clothing or laundry bags involved in the relevant Services including, without limitation, money, jewelry, phones, or any other item. The customer agrees not to leave such items in their clothing or in their laundry bags and acknowledges by sending items they have checked all pockets.
Zippers behave unpredictably while cleaning. Although zippers generally are not an issue, the customer acknowledges that there is a possibility of zipper issues, zipper damage and damage to other items as a result of the zipper’s inclusion in the cleaning process with such items, while following standard wash procedures, and Clotheslyne, Inc., does not accept any liability for such issues or damage.
- Damaged Items
While we strive to provide high-quality laundering services and use all reasonable precautions to avoid damage to clothes, there is a possibility for clothing and other items to be damaged. Damaged items must be reported to the Company within five (5) business days of return of your laundered clothes. Notice can be provided by contacting firstname.lastname@example.org.
Any report of damaged items will require such photographic evidence as deemed necessary by the Company, in its sole discretion, for initial review. The Company reserves the right to collect items reported to be damaged for in-person evaluation to determine whether, among other things, the reported damage is a result of regular wear and tear, standard washing when the customer has not provided specific instructions on the cleaning methods of the applicable item, shrinkage from repeat laundering, color bleeding or fading, small holes or tears, thinning of fabric, etc. (“Regular Wear and Tear”) or if such damage is attributed to the Provider/Partner’s services on such
damaged items. Whenever possible, and if such damage is attributed to the Provider/Partner’s services on such damaged items, we will attempt to restore garments to good condition. The Company is not responsible for, nor shall the Company reimburse you for any damage attributed to Regular Wear and Tear. For any items deemed damaged attributed to a Provider/Partner’s services and not a direct or indirect result of Regular Wear and Tear, and in the event that the items cannot be restored, the Company may reimburse up to the full value of that item and the item will be retained by the Company. Items will be evaluated and depreciation will be taken into account using the International Fair Claims Guide for Consumer Textiles Products. In any event, the Company’s aggregate liability shall not exceed an amount of three hundred USD ($300.00) per customer order. Therefore, it is recommended that items included in an order do not have an aggregate value exceeding such aggregate liability total as stated above.
The Company and Providers/Partners are not liable for any pre-existing damage to a garment or other item and reserve the right to return any item without cleaning it if any pre-existing damage is found or if the Company or the Provider/Partner has a concern about the color fastness or the age or weakness of the fabric of such item.
The Company will offer refunds or reimbursements for payment made for the cleaning of any items which cannot be and are not cleaned due to the aforementioned reasons. All refunds/reimbursements offered by the Company to the customer, must be accepted by the customer within ten (10) days from the time of the offer. Once the ten (10) day period has expired, the customer’s claim will be considered resolved and closed. By accepting a refund or reimbursement you agree such amounts provided to you through that refund or reimbursement constitute full accord and satisfaction for any amounts which may be owed.
- Lost Items
In the rare event that something is lost, customers must provide notice within five (5) business days of delivery. Notice can be provided by contacting email@example.com.
Items are considered lost if not returned to the customer within ten (10) days after the claim has been made. Any item deemed lost in the Company’s care may be eligible for reimbursement up to the full value of that item. Items will be evaluated for depreciation using the International Fair Claims Guide for Consumer Textiles Products. A receipt or proof of purchase will be required. In any event, the Company’s aggregate liability with respect to any order shall not exceed an amount of three hundred USD ($300.00) per lost item. Therefore, it is recommended that items included in an order do not have an aggregate value exceeding such aggregate liability total as stated above.
The Company shall not take responsibility for any loose items, including without limitation, watches, jewelry, cufflinks, phones, and other personal items which are not typically included as part of an order for laundering services, which are lost. Additionally, the Company is not liable for items misplaced before pick up or after delivery.
- Laundry Measurement
Orders are measured in quantities of one (1) whole bag, which is either (a) one (1) 13-gallon trash bags or (b) one (1) Company reusable bag (each individually, a “Bag”). Measurements shall be made prior to washing the items submitted for laundering, with Measurements made only in whole Bag units. You acknowledge that, based on this measuring system, the Company shall treat any partially filled bag as a whole Bag. Per-item measurements for large or atypical items shall be in quantities of one (1) whole unit. We use these measurements to determine the total fee assessed to you for your order. If you believe that our measurements and such measurements corresponding fee includes a discrepancy or error, you must contact us concerning such alleged discrepancy or error within five (5) business days of the return delivery of your completed order.
- Use of Third-Party Providers
The Company reserves the right and in its sole discretion, without notice whether advance or thereafter such right has been exercised, to utilize any outside vendor, contractor or other person or business to provide services under this Agreement. The Company is not liable for any damage or loss due to the acts or omissions of any third party provider.
- Right of Publicity Consent
The Company may from time to time request to use your name, photograph, written communication, customer testimonial and comments, and/or video presence while you are interacting with us, a Provider/Partner and/or the services. You are free to decline this request without reservation or explanation. However, you acknowledge and agree that should you consent to such request you immediately grant the Company the perpetual, unrestricted, worldwide, royalty‐free right to use, reproduce, publish and otherwise distribute your name, photograph, video presence, personal story, written communication, customer testimonial and comments and/or likeness (collectively, “Likenesses”) in advertising and in the Company’s promotional materials, in any and all formats, platforms or other media or social media now existing or hereafter created, and you hereby waive all claims for remuneration for such use and you release and forever discharge the Company from any and all claims and demands arising out of or in connection with the use of Likenesses. This authorization may be canceled at any time (for purposes of future uses only) by contacting the Company by email at firstname.lastname@example.org.
In addition, upon your consent, you acknowledge and agree that such consent shall assign to the Company any and all copyright interest and right of publicity that may arise as a result of such filming or photography.
- Confidentiality and Disclaimer
The Company takes privacy and personal information seriously. The Company uses customer information to provide services, to process payment, facilitate billing, and for any other purpose reasonably necessary to provide services under this Agreement. Additionally, personal information may be disclosed when required by law necessary to enforce this Agreement or necessary to protect the rights, interests, property or safety of the Company, Providers/Partners or others. From time-to-time, we also may send merchant service announcements, newsletters, and periodic notices about specials and new products
- Limits of Liability and Disclaimer
The Company’s liability shall be limited to general money damages in a maximum amount not to exceed three hundred USD ($300.00) for the instance damage or loss was incurred by the customer during the term in which the damages or losses are alleged to have occurred. This liability shall be the extent of the Company’s liability regardless of the form in which any legal or equitable action may be brought and the foregoing shall constitute the customer’s exclusive remedy. The Company disclaims all warranties, express or implied, with respect to the Company, Providers/Partners and the services rendered to the customer, including without limitation, warranty of merchantability and warranty of fitness for a particular purpose.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR PROVIDERS/PARTNERS BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, PROVISION OF SERVICES HEREUNDER OR ACTS OR OMISSIONS OF PROVIDERS/PARTNERS SUCH AS, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; ANTICIPATED PROFITS OR LOST BUSINESS; COSTS OF DELAY; PERSONAL OR PROPERTY DAMAGE, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
- Mediation and Dispute Resolution
In the event of any dispute arising out of or in relation to the services provided by the Company, or
any Provider/Partner, this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the Company’s websites, or any components thereof (each a “Dispute”), the parties agree to the following dispute resolution provisions: first, the party presenting the Dispute shall submit the Dispute to mediation to be conducted by the New York Bar Association, or another independent mediator, as agreed upon by them.
Mediation shall take place within Orange County, New York.
The Mediator shall have the authority to determine the reasonableness of the dispute and each party’s claims or defenses against the other, and may determine any amounts due to either party under this Agreement, or arising out of such claim. The parties agree to enter mediation in good faith in order to resolve the dispute by such mediation and to comply with any settlement agreement reached therein. If mediation fails to resolve any matter, Dispute or component thereof between the parties, you agree that such matter, Dispute or component thereof not resolved by mediation shall be settled by binding arbitration under the rules of the American Arbitration Association.
Arbitration shall occur within Orange County in the state of New York, or any other location to which you and the Company mutually agree to in writing.
The prevailing party of arbitration between you and the Company shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.
The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF JURY TRIAL.
YOU AND THE COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE COMPANY’S WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY THE COMPANY OR PROVIDERS/PARTNERS, OR ANY COMPONENTS THEREOF.
CLASS ACTION WAIVER.
YOU AND THE COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE COMPANY’S WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY THE COMPANY OR PROVIDERS/PARTNERS, OR ANY COMPONENTS THEREOF.
- Gift Cards
The purchase, gifting and use of gift cards or gift certificates from the Company for Services are governed by our Gift Card Terms & Conditions. For more information on our gift card terms and policies, click here.
The Company reserves the right to discontinue services at its discretion without advance notice to you. In such case, any pre-paid fees for which services have not been provided will be refunded to you pursuant to Section 6 of this Agreement.
This Agreement, including the arbitration provisions herein, shall be governed in all respects by the laws of the State of New York.
Neither customer nor the Company shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, government acts, pandemics and other similar events.
Each provision of this Agreement shall be interpreted in such manner to be effective and valid under any applicable law, but if any provision is held to be invalid, illegal or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
The Company may revise the Terms at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made. Your continued access to or use of the Company’s websites, mobile applications, content or services after any changes have been made to the Terms signifies and confirms your acceptance of such changes.
CLOTHESLYNE, INC. APPLICATION ADDENDUM
This Application Addendum (“App Addendum”) is an addendum to the Clotheslyne, Inc. Terms of Service (the “Terms”) and governs your use and access to the Clotheslyne, Inc.’s mobile application(s) (“Applications”).
This App Addendum incorporates and applies all language of the Terms to this App Addendum. In the event there are any conflicting provisions between this App Addendum and the Terms, as such provisions relate to your use of and access to the Application, the provisions of this App Addendum shall govern.
This App Addendum is entered into between you and the Company only and does not include any mobile application platform (i.e. Apple via AppStore or Google via PlayStore). However, any mobile application platform for which you use and access the Application shall be permitted to enforce this App Addendum against you as a third party beneficiary relating to your use of and access to the Application.
Together with this App Addendum, you are required to accept the Terms prior to your use of and access to the Application. If you do not agree to the terms set forth in the Terms or this App Addendum, you are prohibited from use of and access to the Application. By continuing to access, use, interact or attempt to do any of the foregoing with respect to the Company’s website(s), mobile application(s), content or services offered by the company, you agree that you have read, understand, and agree to be bound by this agreement.
The Company, by and through the terms of this App Addendum hereby grants you a non-exclusive, non-transferable license, without the right of sublicense, to access and use the Application during the term of the Terms and this App Addendum, whichever terminates first, in a manner consistent with the terms of the Terms and this App Addendum to benefit from the services provided by the Company as set forth in the Terms. All rights not expressly granted to you through this Agreement are reserved solely for the Company.
- RESTRICTIONS ON USE OF APPLICATION
You agree you shall not edit, alter, abridge or otherwise change in any manner the content of the Application, including, without limitation, all copyright and proprietary rights notices. Further, you agree you shall not, and shall not permit others to:
Modification of Application.
- create or enable the creation of derivative works, modifications, or adaptations of the Application;
- decompile, reverse engineer, disassemble, decrypt, or in any way derive source code from the Application;
- copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Application;
- distribute, sublicense, rent, lease, loan, or grant any third party access to and/or use of the Application.
- use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Application, or any information stored on or in the Application;
- use the Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of a third-party’s privacy rights;
- use the Application to interfere with or disrupt the capabilities and performance of the Application or services provided by the Company or its Providers/Partners as defined in the Terms;
- use the Application in attempts to gain unauthorized access to parts of the Application which you are not permitted access; or (b) is unauthorized by law or the terms of this App Addendum;
- use the Application in a manner that indicates, either directly or indirectly, any partnership, endorsement, affiliation or opinion of you, or any other information you provide through your use of the Application, between you and the Company.
- use the Application to request, make or accept all or part of the services provided by the Company and its Providers/Partners in order to circumvent any fees associated with the use of the Application or services provided by the Company and its Providers/Partners.
- discriminate against or harass anyone on the basis of their race, national origin, religion, gender, physical or mental disability, medical condition, marital status, sexual orientation or age, or otherwise engage in abusive or disruptive behavior.
- create or enable the creation of derivative works, modifications, or adaptations of the Application or any components thereof;
- attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Application.
- gain or attempt to gain for yourself access to the Application when you are prohibited from doing so pursuant to applicable laws, the Terms or this App Addendum,
- provide or attempt to provide persons access to the Application who are prohibited pursuant to applicable laws, the Terms or this App Addendum.
- violate or infringe upon anyone else’s rights or otherwise cause harm (whether physical, mental or emotional) to anyone.
- use the Application for any purpose inconsistent with the terms set forth herein and the Terms.
The Company reserves the right at any time and from time to time to modify, discontinue or terminate the Application, either temporarily or permanently, without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, termination or discontinuation of the Application. In the event a modification includes assessing a fee to you for your use of the Application that is not already implemented either by the Application or through the services provided by the Company or its Providers/Partners, you will be notified in advance and be provided the ability to consent to such fees.
- PROPERTY RIGHTS; PROHIBITIONS AS TO THE APPLICATION
The Company retains all ownership and intellectual property rights to the Application and any documentation provided to you, if any, that relates to or is part of the Application.
You agree that the Application and all associated trade secrets relating to the Application, the Company and the services provided by the Company or its Providers/Partners are the exclusive property of the Company. You agree not to disclose, disseminate, transmit via any medium whatsoever, or make available the Application or any associated trade secrets as set forth in this section, to any third party without the Company’s prior written consent.
- TERM AND TERMINATION
This App Addendum shall remain in full force and effect and continue in perpetuity from the Effective Date unless and until it is terminated in a manner consistent with this section.
This App Addendum, together with all licenses and rights provided to you through this App Addendum shall be terminated immediately upon:
Effect of Termination.
- the Company’s termination of the Application;
- your deactivation or deletion of the Application from your device or
- the deactivation or deletion of your account with the Company.
Immediately upon any termination as set forth in this section, all rights and licenses granted to you by and through this App Addendum shall immediately cease and you shall have no right to use or access the Application or any component thereof.
- LIMITATIONS OF LIABILITY
CLOTHESLYNE, INC. AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (FOR PURPOSES OF THIS SECTION V, “THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, FOR PURPOSES OF THIS SECTION V, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO OR INABILITY TO USE OR ACCESS THE APPLICATION, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE PARTIES’ LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED USD ($100.00). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST THE COMPANY OR THE PARTIES RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.
- DISPUTE RESOLUTION
This Agreement and performance under it will be governed by the substantive laws of the State of New York, disregarding its conflict of law rules. If federal jurisdiction exists over any suit, action, or proceeding arising out of or relating to this Agreement, the parties consent to exclusive jurisdiction and venue in the State of New York, County of Orange. If not, the parties consent to exclusive jurisdiction and venue in the New York state courts sitting in Orange County, New York. In any such suit, action, or proceeding, the prevailing party may recover its reasonable attorneys’ fees, costs, and other expenses, including those on appeal or in a bankruptcy action. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.
- EXPORT REGULATIONS; U.S. GOVERNMENT RESTRICTIONS
You acknowledge that the Application may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that you will at all times comply with the provisions of such laws, statutes and regulations including obtaining any necessary or required licenses. You shall not export or re-export or otherwise transmit, directly or indirectly, the Application into, or use the Application in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.
Sections II (Restrictions on Use
), III (Property Rights; Prohibitions as to the Application
), V (Limitation of Liability
), VI (Dispute Resolution
), VIII (Survival
) and IX (Incorporation of Addendum
) shall survive any termination of this App Addendum.
- INCORPORATION OF ADDENDUM
This App Addendum is an addendum to the Terms and is incorporated therein. Accordingly, all of the terms set forth in the Terms together with this App Addendum shall apply to you and your use of and access to the Application. In the event, there is a conflict of terms between the Terms and this App Addendum, the provisions of this App Addendum shall govern.