PLEASE READ
THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”)
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND THAEM CORP., AND ITS AFFILIATED
COMPANIES (COLLECTIVELY, “LAUNDRY2RUN,” “WE,” “US,” OR “OUR”).
SECTION 13
OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE
HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS
THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN
PARTICULAR, SECTION 13 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH
LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND
FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU
WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN
INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK
RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE
ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING
PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 13 FOR MORE INFORMATION
REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION
AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
BY USING THE
APP AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
BY USING OR
OTHERWISE ACCESSING THE APP, POSTING OR DOWNLOADING CONTENT OR ANY OTHER
INFORMATION TO OR FROM THE APP OR MANIFESTING YOUR ASSENT TO THESE TERMS AND
CONDITIONS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE
TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY
AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR OTHERWISE ACCESS THE
APP OR POST OR DOWNLOAD CONTENT OR ANY OTHER INFORMATION TO OR FROM THE APP.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICE OR ANY
CONTENT IS TO STOP USING THE APP.
These
Terms and Conditions May Change
Laundry2Run
reserves the right, at its discretion, to change, modify, add or remove
portions of these Terms and Conditions at any time by posting such changes.
Please check the Terms of Use page periodically for changes. The continued use
of the Site and the Service following the posting of changes to these Terms and
Conditions indicates that you accept those changes. If you have any questions
or would like further clarification, please e-mail us at ledlum@outlook.com.
Additional
Terms and Conditions May Apply
The
disclaimers, terms, and conditions on these pages are of general application
and may be supplemented by additional policies, procedures, disclaimers,
guidelines, rules, terms or conditions of specific application disclosed by Laundry2Run,
including on any particular page of this Site or through the Services, or a
registration process or other means. In the event of a conflict between these
Terms and Conditions and any additional policies, procedures, disclaimers,
guidelines, rules, terms or conditions of the specific application, the
additional policies, procedures, disclaimers, guidelines, rules, terms or
conditions of specific application shall control.
Termination
of Services for Non-compliance
If you do
not comply with the Terms and Conditions at any time, we reserve the right to
terminate, limit, or otherwise alter your access to the App.
We
May Discontinue or Alter Any Aspect of the App.
We may
discontinue or alter any aspect of the Site or the App, including, but not
limited to, (i) restricting the time the Site or the App is available, (ii)
restricting the amount of use permitted, and (iii) restricting or terminating
your right to use the Site or the App, at our sole discretion and without prior
notice or liability.
Definitions
The terms
“you,” “your” or “User(s)” refers to any individual accessing the Site or the
App for his/her purposes, or on behalf of an entity or other person. In the
event that you purport to be the agent of, represent, or otherwise act on
behalf of an entity or any other person, references to “you,” “your” or
“User(s)” shall include you individually and any such entity or person that you
purport to represent, and you further represent and warrant that you are an authorized
representative of such entity or another person, that you have the authority to
bind such entity or another person to these Terms and Conditions, and that your
acceptance of these Terms of Use shall constitute acceptance on behalf of such
entity or person.
Authorization
to Use this Site
You hereby
confirm to Laundry2Run that: (a) you have reached the age of 13, (ii) are an
emancipated minor under the laws of your jurisdiction of domicile or residence,
(iii) have the consent of your parent or legal guardian, or (iv) otherwise have
the power and authority to enter into and perform your obligations under these
Terms and Conditions.
Accounts
For certain
aspects of the App, you may be asked to register an account. In the event you
agree to register an account, you will select or receive an email and password
upon providing registration information and completing the registration
process.
You are solely responsible for maintaining the confidentiality of your account, email, and password and for all activities and liabilities associated with or occurring under your account, email, and password. You must notify us immediately of any unauthorized use of your account, email or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account, email, or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, email, or password.
You may not
transfer your account, email, or password to another person, and you may not
use anyone else's account, email or password at any time without the permission
of the account holder. In cases where you have authorized or registered another
individual, including a minor, to use your account, you are fully responsible
for (i) the online conduct of such user; (ii) controlling the user's access to
and use of the Services; and (iii) the consequences of any misuse.
In
consideration of your use of the App, you agree to (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form and to maintain and promptly update such information to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or if we believe that such
information is untrue, inaccurate, not current or incomplete, we reserve the
right to suspend or terminate your account(s) and refuse all current or future
use of the website, or any portion thereof.
Without
limiting other rules and prohibitions in this Agreement, by using the Services,
you agree that:
(a) You will
only use the Services for lawful purposes; you will not use the Services for
sending or storing any unlawful material or for deceptive or fraudulent
purposes; and you will not engage in conduct that harms other Users, Laundry2Run
employees, or our community.
(b) You will
only use the Services in accordance with all applicable laws, including
copyrights, trade secrets, or other rights of any third party, including
privacy or publicity rights.
(c) You will
only access the Services using means explicitly authorized by Laundry2Run.
(d) You will
not use another User’s account, impersonate any person or entity, or forge or
manipulate headers or identifiers to disguise the origin of any content transmitted
through the Services.
(e) You will
not use the Services to cause nuisance, annoyance or inconvenience.
(f) You will
not use the Services, or any content accessible through the Services, for any
commercial purpose, including but not limited to contacting, advertising to,
soliciting or selling to, any Merchant, user or Contractor, unless Laundry2Run
has given you prior permission to do so in writing.
(g) You will
not copy or distribute the Software or any content displayed through the
Services, including Merchants’ menu content and reviews, for republication in
any format or media.
(h) You will
not compile, directly or indirectly, any content displayed through the Services
except for your personal, noncommercial use.
(i) The
information you provide to us when you register an account or otherwise
communicate with us is accurate, you will promptly notify us of any changes to
such information, and you will provide us with whatever proof of identity we
may reasonably request.
(j) You will
keep secure and confidential your account password or any identification
credentials we provide you which allows access to the Services.
(k) You will
use the Software and Services only for your own use and will not directly or
indirectly resell, license or transfer the Software, Services or content
displayed by the Services to a third party.
(l) You will
not use the Services in any way that could damage, disable, overburden or
impair any Laundry2Run server, or the networks connected to any Laundry2Run
server.
(m) You will
not attempt to gain unauthorized access to the Services and/or to any account,
resource, computer system, and/or network connected to any Laundry2Run server.
(n) You will
not probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures Laundry2Run may use to
prevent or restrict access to the Services or use of the Services or the
content therein.
(o) You will
not deep-link to our websites or access our websites manually or with any
robot, spider, web crawler, extraction software, automated process and/or
device to scrape, copy, index, frame, or monitor any portion of our websites or
any content on our websites.
(p) You will
not scrape or otherwise conduct any systematic retrieval of data or other
content from the Services.
(q) You will
not try to harm other Users, Laundry2Run, or the Services in any way
whatsoever.
(r) You will
not engage in threatening, harassing, racist, sexist or any other behavior that
Laundry2Run deems inappropriate when using the Services.
(s) You will
report any errors, bugs, unauthorized access methodologies or any breach of our
intellectual property rights that you uncover in your use of the Services.
(t) You will
not abuse our promotional or credit code system, including by redeeming
multiple coupons at once or by opening multiple accounts to benefit from offers
available only to first time users.
(u) You will
not attempt to undertake any of the foregoing.
In the event
that we believe or determine that you have breached any of the aforementioned,
we reserve the right to suspend and/or permanently deactivate your account at
our sole discretion.
You
understand and agree that Laundry2Run provides a technology platform connecting
you with Local Laundry Facility that provide their Services through the App
(“Merchants”), and independent third-party contractors who provide delivery
services (“Contractors”). You acknowledge and agree that Laundry2Run does not
itself do the Laundry or offer delivery services, and has no responsibility or
liability for the acts or omissions of any Merchant or any Contractor. Laundry2Run
is not the retailer of any products offered by Merchants, nor is it in the
delivery business or a common carrier. Laundry2Run provides a technology
platform facilitating the transmission of orders by Users to Merchants for
pickup or delivery by Contractors. Laundry2Run will not assess or guarantee the
suitability, legality or ability of any Contractor or Merchant. You agree that Laundry2Run
is not responsible for the Merchants’ Laundry conducts and items safety, and
does not verify Merchants’ compliance with applicable laws or regulations. Laundry2Run
has no responsibility or liability for acts or omissions by any Merchant or
Contractor.
(a) User Content. Laundry2Run may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant Laundry2Run a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Laundry2Run’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Laundry2Run a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Laundry2Run herein shall survive termination of
the Services
or your account. Laundry2Run reserves the right in its sole discretion to
remove or disable access to any User Content from the Services, suspend or
terminate your account at any time, or pursue any other remedy or relief
available under equity or law if you post any User Content that violates this
Agreement or we consider to be objectionable for any reason. You agree that Laundry2Run
may monitor and/or delete your User Content (but does not assume the
obligation) for any reason in Laundry2Run’s sole discretion. Laundry2Run may
also access, read, preserve, and disclose any information as Laundry2Run
reasonably believes is necessary to (i) satisfy any applicable law, regulation,
legal process, or governmental request, (ii) enforce this Agreement, including
investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security, or technical issues, (iv) respond to User
support requests, or (v) protect the rights, property or safety of Laundry2Run,
its users and the public.
(b) Feedback. You agree that any submission of any
ideas, suggestions, and/or proposals to Laundry2Run through its suggestion,
feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and
that Laundry2Run has no obligations (including without limitation, obligations
of confidentiality) with respect to such Feedback. You represent and warrant
that you have all rights necessary to submit the Feedback and you hereby grant
to Laundry2Run a perpetual, irrevocable, transferable, fully paid,
royalty-free, non-exclusive, worldwide, fully sublicensable right and license
to use, copy, display, publish, modify, remove, publicly perform, translate,
create derivative works, distribute and/or otherwise use such Feedback.
By creating
a Laundry2Run account, you electronically agree to accept and receive
communications from Laundry2Run, Contractors, or third parties providing
services to Laundry2Run including via email, text message, calls, and push
notifications to the cellular telephone number you provided to Laundry2Run. You
understand and agree that you may receive communications generated by automatic
telephone dialing systems and/or which will deliver prerecorded messages sent
by or on behalf of Laundry2Run, its affiliated companies and/or Contractor,
including but not limited to communications concerning orders placed through
your account on the Services. Message and data rates may apply. If you do not
wish to receive promotional emails, text messages, or other communications, you
may change your notification preferences by accessing the Settings in your
account. To opt out of receiving promotional text messages from Laundry2Run,
you must reply “STOP” from the mobile device receiving the messages. For
purposes of clarity, delivery text messages between you and Dashers are
transactional text messages, not promotional text messages.
Laundry2Run
charges a fee to use the website services and content. You are responsible to Laundry2Run
for any fees applicable to services you choose. You authorize Laundry2Run (or
its partners), or its designated payment processor, to charge your specified
credit card, debit card or other payment method for such fees as provided
through the registration process.
Unless
otherwise specified, all fees are in United States dollars, and all charges
will be made in United States dollars.
Except as
required by law, all fees are nonrefundable, including, without limitation.
Payment may not be canceled by the user, except as required by law. However, Laundry2Run
(or its partners) reserves the right to refuse or terminate any payment at any
time in its sole discretion. You understand and agree that if you authorize a
payment transaction with your credit card, debit card, or other payment method,
but your charge is rejected for any reason, there may be a hold on your use of
the website services for several days.
Fees
for Services. Laundry2Run
may change the fees for our Services as we deem necessary or appropriate for
our business, including but not limited to Delivery Fees, Service Fees, and
Surge Fees. Laundry2Run may also charge
merchants fees on orders that you place through the services, including
commissions and other fees, and may change those merchant fees as we deem
necessary or appropriate for our business or to comply with applicable law.
(a) Third-Party
Websites, Applications and Advertisements. The Services may contain links to
third-party websites (“Third-Party Websites”) and applications (“Third-Party
Applications”) and advertisements (“Third-Party Advertisements”)
(collectively, “Third-Party Websites & Advertisements”). When you
click on a link to a Third-Party Website, Third-Party Application or
Third-Party Advertisement, Laundry2Run will not warn you that you have left Laundry2Run’s
Website or Services and will not warn you that you are subject to the terms and
conditions (including privacy policies) of another website or destination. Such
Third-Party Websites & Advertisements are not under the control of Laundry2Run.
Laundry2Run is not responsible for any Third-Party Websites, Third-Party
Applications or any Third-Party Advertisements. Laundry2Run does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
such Third-Party Websites & Advertisements, or their products or services.
You use all links in Third-Party Websites & Advertisements at your own
risk. You should review applicable terms and policies, including privacy and
data gathering practices of any Third-Party Websites or Third-Party
Applications, and make whatever investigation you feel necessary or appropriate
before proceeding with any transaction with any third party.
(b) App
Stores. You acknowledge and agree that the
availability of the Application is dependent on the third party from which you
received the Application license, e.g., the Apple iPhone or Android app stores
(“App Store”). You acknowledge and agree that this Agreement is between
you and Laundry2Run and not with the App Store. Laundry2Run, not the App Store,
is solely responsible for the Software and the Services, including the
Application and the Services, the content thereof, maintenance, support
services and warranty therefor, and addressing any claims relating thereto
(e.g., product liability, legal compliance or intellectual property
infringement). In order to use the Application, you must have access to a
wireless network, and you agree to pay all fees associated with such access.
You also agree to pay all fees (if any) charged by the App Store in connection
with the Application or the Services. You agree to comply with, and your
license to use the Application is conditioned upon your compliance with, all
applicable third-party terms of agreement (e.g., the App Store’s terms and
policies) when using the Application. You represent and warrant that 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 you represent and warrant that you are not listed on any U.S. Government
list of prohibited or restricted parties. You acknowledge and agree that each
App Store (and its affiliates) is an intended third-party beneficiary of this
Agreement and has the right to enforce the terms and conditions of this
Agreement.
The Software
and Services may be subject to limitations, delays, and other problems inherent
in the use of the Internet and electronic communications. Except as set forth
in Laundry2Run’s privacy policy or as otherwise required by applicable law, Laundry2Run
is not responsible for any delays, delivery failures, or damage, loss or injury
resulting from such problems.
The content
available on the website (“Website Content”), including the logos and
trademarks (“Marks”), are licensed to Laundry2Run and are subject copyright,
trademark, and other intellectual property rights under the United States of
America (“USA”), foreign laws, and international conventions. The Website
Content includes, but are not limited to, the source codes, database, website
design, functionalities, videos, audios, texts, images, graphics, and items
available on the website.
The logos,
designs, page headers, names, script, graphic, button icons and footers are
registered trademarks or common law trade dress of Laundry2Run in the US and
other parts of the world. The Laundry2Run trademarks and trade dress may not be
used in combination with any other products, services, or goods in a manner
that is likely to confuse. You do not also have our permission to copy,
imitate, or use it without getting written approval from us.
Laundry2Run
provides the Website Content to users on “AS IS” basis for information and
personal use purposes. Users may not copy, reproduce, distribute, advertise,
transmit, license, sell, or exploit it for any other purposes without seeking
written consent from us.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF
THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE
PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME
WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. LAUNDRY2RUN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE
AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT,
GRAPHICS OR LINKS.
LAUNDRY2RUN
DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT
THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR DATA, LAUNDRY2RUN SHALL NOT BE RESPONSIBLE
FOR THOSE ECONOMIC COSTS.
Breach
and Limitation of Liability
(a)
General. You
understand and agree that a key element of the Services and this Agreement is
your and our mutual desire to keep the Services simple and efficient, and to
provide the Software and Services at low cost. You understand and agree to the
limitations on remedies and liabilities set forth in this Section 11 to keep
the Software and Services simple and efficient, and costs low, for all users.
(b)
Cap on Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW LAUNDRY2RUN’S AGGREGATE LIABILITY SHALL
NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO
LAUNDRY2RUN IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW
JERSEY.
(c)
Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW LAUNDRY2RUN SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS
OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF
PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR
PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY LAUNDRY2RUN’S
FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN
THE STATE OF NEW JERSEY.
If you
violate this Agreement, Laundry2Run may respond based on a number of factors
including, but not limited to, the egregiousness of your actions and whether a
pattern of harmful behavior exists.
In addition,
at its sole discretion, Laundry2Run may modify or discontinue the Software or
Service, or may modify, suspend or terminate your access to the Software or the
Services, for any reason, with or without notice to you and without liability
to you or any third party. In addition to suspending or terminating your access
to the Software or the Service, Laundry2Run reserves the right to take
appropriate legal action, including without limitation pursuing civil, criminal
or injunctive redress. Even after your right to use the Software or the
Services is terminated, this Agreement will remain enforceable against you. All
provisions which by their nature should survive to give effect to those provisions
shall survive the termination of this Agreement.
PLEASE READ
THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT,
INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR
SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR
INSTEAD OF A JUDGE OR JURY.
The laws of
the state of Pennsylvania shall govern this Agreement without giving effect to
conflict of laws principles. We agree that any dispute, claim, or disagreement
between us shall be resolved exclusively by arbitration. Arbitration is a
process in which persons with a dispute(s): (i) agree to submit their
dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii)
waive their rights to file a lawsuit in court to resolve their dispute(s). Each
party to the dispute(s) has an opportunity to present some evidence to the
arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings
are private and less formal than court trials. The arbitrator will issue a
final and binding decision resolving the dispute(s), which may be enforced as a
court judgment. A court rarely overturns an arbitrator’s decision.
THEREFORE,
YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Arbitration Provision the
words “dispute” and “disputes” are given the broadest possible meaning and
include, without limitation (i) all claims, disputes, or controversies arising
from or relating directly or indirectly to the signing of this Arbitration
Provision, the validity and scope of this Arbitration Provision and any claim
or attempt to set aside this Arbitration Provision; (ii) all federal or State
law claims, disputes or controversies, arising from or relating directly or
indirectly to this Agreement (including the Arbitration Provision), the
information you gave us before entering into this Agreement, and/or any past
agreement or agreements between you and us; (iii) all counterclaims,
cross-claims and third-party claims; (iv) all common law claims, based upon
contract, tort, fraud, or other intentional torts; (v) all claims based upon a
violation of any state or federal statute or regulation; (vi) all claims
asserted by us against you, including claims for money damages to collect any
sum we claim you owe us; (vii) all claims asserted by you individually against
us and/or any of our employees, agents, directors, officers, shareholders,
managers, or affiliated entities
(hereinafter
collectively referred to as “related third parties”), including claims for money
damages and/or equitable or injunctive relief; (viii) all claims asserted on
your behalf by another person; and/or (ix) all claims asserted by you as a
private attorney general, as a representative and member of a class of persons,
or in any other representative capacity, against us and/or related third
parties.
All disputes
hereunder shall be resolved by binding arbitration in accordance with the rules
of the American Arbitration Association in effect at the time of the dispute.
The cost of the arbitration will be born equally by the parties. The
arbitration award will be final and binding and may be enforced by any court in
Philadelphia jurisdiction.
Only
disputes involving you and Laundry2Run may be addressed in the arbitration.
This means that the arbitration may not address disputes involving other
persons with disputes similar to the disputes between you and Laundry2Run.
The
arbitrator shall have the authority to award any legal or equitable remedy or
relief that a court could order or grant under this agreement. All statutes of
limitations that apply to any dispute shall apply to any arbitration between
us. The Arbitrator will issue a decision or award in writing, briefly stating
the essential findings of fact and conclusions of law.
Binding
Effect. This
Arbitration Provision is binding upon and benefits you, your respective heirs,
successors, and assigns. The Arbitration Provision is binding upon and benefits
us, our successors and assigns, and related third parties. The Arbitration
Provision continues in full force and effect, even if your obligations have
been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision
survives any termination, amendment, expiration, or performance of any
transaction between you and us and continues in full force and effect unless
you and we otherwise agree in writing.
Severability. If any portion of this Arbitration
Provision is deemed invalid or unenforceable, it will not invalidate the
remaining portions of the Arbitration Provision, unless the provision
precluding the arbitrator from conducting a class arbitration as set forth
above is deemed invalid or unenforceable, in which case this entire Arbitration
Provision shall be deemed void.
You agree to
defend, indemnify and hold Company, its affiliates, and its and their
directors, officers, employees and agents harmless from all claims,
liabilities, costs, and expenses, including reasonable attorneys' fees, arising
in any way from any content or other material you place on the Site or your
breach or violation of the law or these Terms and Conditions. Company reserves
the right, at its own expense, 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 the Company's defense of such claim.
If you
believe that your work has been copied and posted on the Site in a way that
constitutes copyright infringement, please provide our Copyright Agent with the
following information:
•
an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
•
a
description of the copyrighted work that you claim has been infringed;
•
a
description of where the material that you claim is infringing is located on
the Website (and such description must be reasonably sufficient to enable
Company to find the alleged infringing material);
•
your
address, telephone number, and email address;
•
a
written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; and
•
a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
•
Notice
of claims of copyright infringement should be provided to Company’s Copyright
Agent at ledlum@outlook.com.
License
and Uses
By using the
Laundry2Run App, we grant you a revocable, non-transferable, non-exclusive,
limited right to install it on wireless mobile phones, used and controlled by
you, and to use the Laundry2Run App on devices that are strictly in compliance
with the terms of this license. You shall not:
•
Attempt
to reverse-engineer, decompile, disassemble or try to know the source codes or
decrypt it;
•
Attempt
to modify, enhance, improve, adapt, translate or do derivative works from the Laundry2Run
App;
•
Use
it in a manner that goes against any applicable laws, regulations, rules or
these Conditions;
•
Attempt
to remove, alter, obscure or delete any proprietary notice of Laundry2Run or
those of third parties, partners or the licensors of the Laundry2Run App;
•
Use
the Laundry2Run App to create services, products or software that are directly
competitive with or in any way competitive with our Services; and/or
•
Attempt
to use any proprietary information of Laundry2Run in the design, development,
manufacture, distribution and/or licensing of another application or device in
connection with the Laundry2Run App.
App
Distributor Terms (Apple and Android devices)
The
following conditions apply to you if you download the Laundry2Run App from the
Apple Store or Google Play Store. You hereby agree that these Conditions is between
you and Laundry2Run and not with Apple Inc. or Google Inc. (each an “App
Distributor”). You agree that Laundry2Run will be responsible for the Laundry2Run
Content and the Laundry2Run App.
•
Scope of License: The license granted to you in relation to the Laundry2Run App is limited
to a non-transferable license to use the Laundry2Run App on a device that uses
the iOS or Android operating systems as applicable and in line with the usage
rules set forth in the applicable App Distributor terms and conditions.
•
Support and Maintenance: Laundry2Run is solely responsible for providing any support
and maintenance services with respect to the Laundry2Run App.
•
Warranty:
Laundry2Run is liable for any product warranties (whether express or implied by
law) to the extent not effectively disclaimed. If the Laundry2Run App fails to
function as described or to any applicable warranty, you may notify the
relevant App Distributor, and the App Distributor, in accordance with its
policies and terms shall refund the purchase cost (if any) you paid for the Laundry2Run
App, to the extent permissible by applicable law. The relevant App Distributor
shall not have any other obligation whatsoever with respect to the Laundry2Run
App and other damages, losses, claims, liabilities or expenses you may have in
relation to such a failure. This shall be the liability of Laundry2Run.
•
Product Claims: You hereby agree that Laundry2Run shall be liable to you for any
product claims in relation to the Laundry2Run App, including product liability
claims, non-conformity with applicable laws or legal requirements or consumer
protection claims. An App Distributor shall not be liable for any product
claims.
•
Intellectual Property Rights: You agree that if your use of the Laundry2Run App infringes
on any third party’s intellectual rights, the relevant App Distributor shall
not be responsible for any defense, settlement and discharge of such a claim.
•
Legal Compliance: You warrant to us that you do
not live in a country that is subject to the US embargo or designated as a
terrorist-supporting country.
•
Third Party Terms of Agreement: You agree that your use of the Laundry2Run App will not
make you go against any third-party application agreement. For example, if you
have a VoIP application, you must not violate their wireless data service
agreement when using the Laundry2Run App.
•
Third Party Beneficiary: You and Laundry2Run both agree that the App Distributors
are third party beneficiaries of these Conditions. Upon your acceptance of
these Conditions, the App Distributors shall have the right to enforce these
Conditions against you as a third-party beneficiary.
No joint
venture, partnership, employment, or agency relationship exists between you,
Laundry2Run or any third-party provider as a result of this Agreement or use of
the Software or Services.
If any provision
under these Conditions is found to be invalid or unenforceable by a court of
competent jurisdiction, such an invalid or unenforceable provision shall be
severed and shall not affect the validity and enforceability of the other valid
and enforceable provisions.
This
Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Laundry2Run without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void. This Agreement binds and inures to the benefit of each party and
the party’s successors and permitted assigns.
This
Agreement is the final, complete and exclusive agreement of the parties with
respect to the subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject matter. However,
nothing in this Agreement shall supersede, amend, or modify the terms of any
separate agreement(s) between you and Laundry2Run relating to your work as an
employee or independent contractor, including, without limitation, any
Independent Contractor Agreement governing your efforts as a Contractor.
Laundry2Run
welcomes your questions or comments regarding the Terms:
Thaem Corp
11869
Academy Rd, Unit 69A,
Philadelphia
Pa 19154.
Telephone
Number: +1 (215) 966- 8679
