Last Updated: 6/2/2022
- Our mobile garment care services, which we may make available via home delivery (the “Delivery Service”) and, an in-store kiosk or locker system (the “Locker System”), or through other locations and channels.
- Other services We may provide through any of Our websites (the “Site”) or our mobile applications (the “App”)
The Services may be provided by Us or by Franchise Owners (the “Authorized Providers”)
READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT, USING THE SERVICES OR DOWNLOADING THE APP. CREATING AN ACCOUNT INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue all or part of the Services at any time and without notifying You. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, if you have an active account and have placed an order with US during the twelve-month period prior to a modification, We will inform You of any material modifications to these Terms by posting them on our Site; if You have registered with Us, we may also send an email to the address that You provided during registration when you created Your account. If you registered with Us utilizing an alternative unique identifier, we may send a communication to that alternative identifier. If you registered with an email address, to be sure We properly reach Your email inbox, We ask that You let Us know if Your preferred email address changes at any time after Your registration by calling Customer Service at 844-854-8868.
If You object to any such modifications, Your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular parts of the Services or directly provided to you. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
We invite You to use the Services for individual, consumer purposes (“Permitted Purposes”). In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services; Your right to use the Materials and the Services is conditioned on Your compliance with these Terms. You have no other rights in the Services or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If You make copies of any of the Materials while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the Services.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof), and remove the App.
We may make available Apps to access certain of the Services, including our Delivery Service and Locker System, via a mobile device. To use an App, You must have a mobile device that is compatible with the mobile service and the current version of the App. We do not warrant that an App will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on any mobile devices owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party or use the App to provide time sharing or similar services for any third-party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that We may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that You are using on Your mobile device. You agree to accept the maintain the up-to-date version of the App and if you enable automatic upgrades on Your mobile device, You consent to such automatic upgrading on Your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to Your use of the App.
The following additional terms and conditions apply with respect to any App that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
- Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for Our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
- You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
- You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any App that We provide to You designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
- Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.
USING THE SERVICES; REGISTRATION
In order to access certain areas of the Services and to use certain Services and Materials offered by us, You must successfully register for and establish an account with Us.
If You want an account with Us, You must submit the following information through the account registration page on the Services:
- A working email address, or an alternative unique identifier method like a mobile phone number.
- First and last name;
- Preferred username and password.
- a mobile phone number
You may also provide additional, optional information so that We can provide You a more customized experience when using the Services. Once You submit the required registration information, We alone will determine whether or not to approve Your proposed account registration. If Your account registration is approved, you will receive a communication confirming your registration. For so long as You use the account, You agree to provide true, accurate, current, and complete information, which can be accomplished by logging into Your account and making relevant changes directly, or contacting Us using the below contact information to request that We update your information. If You forget Your password, You can utilize Our password reset functionality or you may contact us at 844-854-8868 to have it reset.
You are responsible for complying with these Terms when You access the Services through the App or a Site, whether directly or through any account that You may setup indirectly. Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of The Services as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access the Services. Should You believe Your password or security for The Services has been breached in any way, You must immediately notify Us. We will use the email address and cell phone number You have provided to Us to provide various updates on the Services as well as share certain marketing messaging regarding the Services. At your option, you can opt-out of the email marketing messaging, cell phone marketing messaging and non-marketing messages about your use of the Services at any time. If you opt-out of any email or cell phone marketing messaging about the Services, we will still send you transactional communications about your account and your use of our Services unless you specifically opt out of those messages.
MOBILE DRY CLEANING, LOCKER SYSTEM AND DELIVERY SERVICE PAYMENTS.
The Delivery Services are available to both Subscribers (defined below) and non-subscribing customers. You may utilize the Locker System and also be a Subscriber of the Delivery Services. If you use the Delivery Service, you agree that for each order you place (a “Delivery Order”) you will be charged the current applicable cleaning and processing fee for each item submitted for cleaning through the Delivery Service as well as a service fee for pickup and delivery (the “Service Fee”), per Delivery Order you place. We reserve the right to increase the applicable cleaning and processing fee for each item submitted at any time. If you have a current Subscription (as defined below), you will not be charged a Service Fee for pickup and delivery, but you will pay all other fees applicable under the Subscription. All applicable fees are described fully on Our Pickup and Delivery experience at cdonepricecleaners.com/check-address/.
You agree to pay all applicable fees related to Your use of our Delivery Service or Locker System, as stated on Our Pickup and Delivery experience at cdonepricecleaners.com/check-address/. You agree that We are authorized to charge your account and you agree to pay US the applicable fees based on the items You provided to us as part of Your Delivery Order, as well as for an applicable Service Fee. We may delay your Delivery Order, suspend or terminate Your account and/or access to a Service if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed for the full balance owed. By providing a payment method as part of the Delivery Service, You expressly authorize Us to charge the applicable fees on said payment method, as well as (where applicable) any Taxes, all of which depend on the items per Delivery Order, as well as whether you are a Subscriber or not. We reserve the right to pursue collection of all applicable fees. You may update your payment method by logging into your account and changing the current billing information.
We understand that You might cancel Your account, but please know that We will not provide any refund(s) and You will be responsible for paying any balance due on the account for any Services that have been provided by Us. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees. While we will endeavor to pickup and delivery orders in a timely manner, we reserve the right to pickup and process Delivery Orders, not pickup and process Delivery Orders, and delay pickup and processing of Delivery Orders based on a variety of factors including weather, equipment breakdown, driver conflicts or for any other reason. If you fail to have your Delivery Order available in the agreed upon designated pickup area for a driver to pickup, we may, but are not required to, return to the designated pickup area to complete the pickup of your Delivery Order at a later time. Once any completed Delivery Order being returned to You has been placed in the agreed upon designated delivery area by the driver, We consider the Delivery Order to be complete and We are no longer responsible for any damage to or loss of any item contained in Your Delivery Order.
We may provide, but we do not promise “door to door” delivery as part of the Delivery Service or any Subscription. If you provide us and we agree to accept any keys, log in codes or other devices ( the “Access Devices”) to gain access to your residence or garage to complete the Delivery Service, you agree that you are authorized to provide us the Access Devices and agree to hold Us, and any employee of any Authorized Provider harmless for any occurrence, loss or damage that may arise as a result of the access you have authorized. In the event an Access Device is lost, stolen or misplaced, You agree to replace the Access Device at your cost and to hold Us and the Authorized Provider harmless as a result of the lost Access Device.
We reserve the right change the day and time you will receive the Delivery Service at any time. If We change the day or time you will receive a Delivery Service, we will notify You in advance. We reserve the right to refuse a specific Delivery Service order or Subscription or cancel a Delivery Service order or Subscription for any reason upon notice to You.
We do not guarantee a personal pickup and drop off interaction as part of the Delivery Service. If you have a specific request or instruction about a delivery area or any other instruction about the Delivery Service and if we agree, we will use our best efforts, but do not guarantee that We or an Authorized Provider will be able to accommodate the request each time you use the Delivery Service. You must ensure that the delivery area can accommodate that request. We may attempt to but are not required to and do not promise or agree to accommodate your request; our failure, inability or decision not to accommodate the request at any time does not impact any applicable Subscription fee, cleaning fees or other fees for the Delivery Service We or any Authorized Provider provide to You. You agree to accept full responsibility for the loss or damage of any items You provide to Us for the Delivery Service that are placed in the delivery area for pickup by Us or an Authorized Provider or dropped off by Us or an Authorized Provider upon completion of the Delivery Service to the delivery area You designate. We are only responsible for garments or other items You provide under the Delivery Service when they are in the possession of Us or an Authorized Provider. Regarding any claims for lost or damaged items You provide under the Delivery Service which are in the possession of Us or an Authorized Provider, the appropriate party will utilize their best efforts to fairly resolve any claims utilizing industry best practices.
You may sign up for a subscription (a “Subscription”) to our Delivery Service. By signing up for a Subscription with Us, You become a “Subscriber.” Your Subscription entitles you to place orders for pickup and delivery of your laundry/dry cleaning on a schedule based on the Subscription option, pricing and terms you selected. You may pay a Service Fee for each Delivery Order depending upon the Subscription option selected. Non-subscriber customers who sign up for the Delivery Service with Us will pay the fees outlined on our Site or in the App for each item they have submitted for cleaning and may be required to pay a Service for each Delivery Order. Customers utilizing the Locker System will pay the fees outlined on our Site or in the App for each item they have submitted for cleaning and will not pay a Service Fee. Each Subscription, including the rights and privileges provided to a Subscriber, is personal and non-transferable. In the future, we reserve the right to modify our use of the term Subscription and Subscriber with other descriptive terms like “plan” or “recurring order.”
Upon signing up for a Subscription, which are registered on a calendar-month basis beginning on the scheduled pickup date of your first order, you will be charged the applicable monthly Subscription fee on that scheduled pickup date for your first order. Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on the 31st day following the date that we charged your credit card for the previous Subscription fee (the “Renewal Date”); on this day we will also charge your credit card with the applicable renewal Subscription fee and any applicable Taxes (as defined below) that may be imposed on such fee. Subscriptions can be cancelled at any time prior to any subsequent Renewal Date.
IMPORTANT NOTICE: If you sign up for the Services on a Subscription basis, we will charge your credit card for the Renewal fee on each Renewal Date, until you cancel your Subscription. Unless you cancel your Subscription prior to the Renewal Date, your Subscription will automatically renew at the end of your current Subscription term and we will charge your credit card with the applicable Subscription fee for the next 30-day Subscription term. Subscriptions can be cancelled at any time prior to the Renewal Date. You may cancel your Subscription at any time by calling the Customer Service at 844-854-8868. Any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any applicable Taxes. In the event we are required to pay any applicable Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
When you use the Services you may incur charges from your mobile carrier (for example: for cellular data, phone calls and messaging services), which you are responsible for paying.
By using the Services, You consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES.
We think links are convenient, and We sometimes provide links on the Services to third-party websites. If You use these links, You will leave the Services. Other third-party websites may also provide links with information about the Services and while You are on those websites, you must follow the privacy policies and terms and conditions of those websites. We are not obligated to review any third-party websites that You link to from the Services, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the Services, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Services may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit Your activities on the Services to be shared with Your contacts in your third-party site account.
Certain areas of the Services (e.g., blogs, customer ratings and review areas), as well as surveys we may provide to you via email or other method, may permit You to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary and any User Submission may be viewed by employees of Cleaners Depot, LLC as well as independently owned and operated CD One Price Cleaners franchise owners and their employees. Further, We do not guarantee that You will be able to edit or delete any User Submission You have submitted.
By submitting any User Submission, You are promising Us that:
- You own all rights in Your User Submissions (including, without limitation, all rights to the reproduction and display of Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting Your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove your account at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that We may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
To be clear, We authorize Your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between You and Us, all rights in the Services remain Our property.
Unauthorized use of the Services may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of the Services on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt the Services or servers or networks connected to the Services;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.
“CD One Price Cleaners®” is a trademark that belongs to Us. Other trademarks, names and logos on the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Services are Our sole property, Copyright © 2022. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If You believe Your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to Our Agent for notice of claims of infringement:
Attn: Copyright Agent
Email: [email protected]
To be sure the matter is handled immediately, Your written notice must:
- Contain Your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
- Contain adequate information by which We can contact You (including postal address, telephone number, and e-mail address);
- Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify You that We have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Services or Service who is the subject of repeated DMCA or other infringement notifications.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT A SITE OR THE APP IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We will consult with the Authorized Providers to investigate and attempt to resolve any bona-fide claims of damage to an item in a Delivery Order that You bring to our attention within 14 days of the completion and delivery of any item included in applicable Delivery Order. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Services from Our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If You use the Services outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., communications with US by phone call, fax, email, text messaging or through submissions to Google, Facebook, Yelp, Podium or other third party sites) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, modify and create derivative works from, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You also understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution. If we use any Feedback from You, you authorize us to attribute your feedback to You by first name, city and state.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at [email protected], with the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at [email protected], with the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Illinois or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to Illinois so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Services without prior notice to You. The Federal Arbitration Act, Illinois state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the courts located in Cook County, Illinois. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Services. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at [email protected].