Effective Date: March 1, 2020
IMPORTANT: Please be advised that these Terms contain provisions that govern how claims between you and Wash@Home can be brought (see Section 18 below). These provisions will, with limited exception, require you to submit claims you have against Wash@Home to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
DESCRIPTION OF SERVICES; MINIMUM AGE REQUIREMENT; RELATIONSHIP BETWEEN THE PARTIES
Description of Software and Wash Services.
The Software provides a way for people to request clothes-washing services (these people are referred to herein as “Washees” or individually as a “Washee”) from individuals and companies who provide these services in their local area (such service providers are referred to herein as “Washers” or individually as a “Washer”). In addition, if a Washee does not opt to drop off and pick up the clothing to be washed, then a Washer may seek pick-up and delivery assistance from people who act as couriers (referred to herein as “Couriers” or individually as a “Courier”). Washees, Washers and Couriers are collectively referred to herein as “Users,” the clothes-washing service provided by Washers to Washees is referred to herein as the “Wash Services,” and the courier service provided by Couriers to Washers is referred to herein as the “Courier Services.” As a User, you authorize Wash@Home to match you with a Washer, Washee and/or Courier based on factors such as your location, user preferences, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Wash Services or Courier Services is a decision made in such User’s sole discretion. Each instance of Wash Services provided by a Washer to a Washee shall constitute a separate agreement between such persons. Each instance of Courier Services provided by a Courier to a Washer shall constitute a separate agreement between such persons. Please be advised: Wash@Home does not provide any Wash Services or Courier Services, and solely provides the Software.
Eligibility; Age Requirement.
The Wash@Home Software may only be used by individuals who have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations herein. The Wash@Home Software is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Wash@Home Software, each User shall create a User account. Each person may only create one User account, and Wash@Home has the absolute right to deactivate any additional or duplicate accounts.
By becoming a User, you represent and warrant that you are at least 18 years old.
Relationship Between the Parties.
As a Washee registered with Wash@Home, you acknowledge and agree that you and Wash@Home have no contractual relationship, except with respect to the Software as set forth in these Terms. You agree that at no time are you contracting with Wash@Home with respect to any Wash Services or Courier Services.
As a Washer registered with Wash@Home, you acknowledge and agree that you and Wash@Home are in a direct business relationship with respect to the referral of Washees and Couriers in your local area, and the relationship between the parties under this Agreement is solely that of independent contracting parties.
You and Wash@Home expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Wash@Home; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Wash@Home, and you undertake not to hold yourself out as an employee, agent or authorized representative of Wash@Home.
In the event of registering as a Washer in New York City, you agree to issue all licenses and\or permits required before operating in the aforementioned area and\or any other areas where such licenses and\or permits are deemed necessary.
Wash@Home does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Wash Services or Courier Services, nor for your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the Wash@Home Software, and how you will perform the Wash Services. You retain the option to accept or to decline or ignore a Washee’s request for Wash Services via the Wash@Home Software, or to cancel an accepted request for Wash Services via the Wash@Home Software, subject to Wash@Home’s then-current cancellation policies as to payment and other issues.
You also retain the option to pick up and deliver clothing for Wash Services yourself, or to contract with or hire someone to pick up and deliver clothing for you. If you choose to hire or contract with someone to pick up and deliver clothing for you, you retain the option to use the Software to locate a Courier in your area, and may then accept, decline, ignore or cancel any Courier located for you through the Software, subject to Wash@Home’s then-current cancellation policies as to payment and other issues. You acknowledge that any Courier located for you through the Software will be contracting directly with you to provide Courier Services, and that you are not contracting with Wash@Home with respect to any Courier Services (Courier Services are not provided by Wash@Home). You are solely responsible for all actions of your Couriers as your sub-contractors, and for payment of your Couriers (which for convenience may be done directly through the Software as set forth herein).
With the exception of any signage required by law or permit/license rules or requirements, Wash@Home shall have no right to require you or any of your Couriers to: (a) display Wash@Home’s names, logos or colors on vehicle(s); or (b) wear a uniform or any other clothing displaying Wash@Home’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Wash Services and Courier Services or otherwise engage in other business or employment activities.
As a Courier registered with Wash@Home, you acknowledge and agree that you are in a direct business relationship solely with each Washer for whom you provide Courier Services (each such engagement of a Courier by a Washer through the Software is referred to herein as a “Courier Engagement”), and you further acknowledge and agree that you and Wash@Home have no contractual relationship, except with respect to the Software and payments to you by Washers via the Software for Courier Services, as set forth in these Terms. You agree that at no time are you contracting with Wash@Home with respect to any Wash Services or Courier Services, that all Courier Services provided by you are to Washers and not Wash@Home, and that payments to you through the Software are made and authorized by Washers and not Wash@Home.
You and Wash@Home expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Wash@Home; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Wash@Home, and you undertake not to hold yourself out as an employee, agent or authorized representative of Wash@Home.
Wash@Home does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Courier Services for Washers, nor for your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the Wash@Home Software. You retain the option to accept or to decline or ignore a Washer’s request for Courier Services via the Wash@Home Software, or to cancel an accepted request for Courier Services via the Wash@Home Software, subject to any written or oral contract you enter into with a Washer and subject to Wash@Home’s then-current cancellation policies as to payments and other issues. With the exception of any signage required by law or permit/license rules or requirements, and subject to any written or oral contract you enter into with a Washer, Wash@Home shall have no right to require you to: (a) display Wash@Home’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Wash@Home’s names, logos or colors. You acknowledge and agree that, subject to any written or oral contract you enter into with a Washer, you have complete discretion to provide Courier Services or otherwise engage in other business or employment activities.
“Your Information” is any information you provide, publish or post to or through the Wash@Home Software (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Wash@Home-related Facebook, Twitter or other social media posting). You consent to us using Your Information to create a User account that will allow you to use the Wash@Home Software and participate in the Wash Services and/or Courier Services. You are solely responsible for Your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of Your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on Your Information as accurate, current and complete. To enable Wash@Home to use Your Information for the purposes described this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in Your Information, and to use, copy, perform, display and distribute Your Information, to prepare derivative works of Your Information, or incorporate it into other works in any media now known or not currently known. Wash@Home does not assert any ownership over Your Information; rather, as between you and Wash@Home, subject to the rights granted to us in this Agreement, you retain full ownership of all of Your Information and any intellectual property rights or other proprietary rights associated with Your Information.
By entering into this Agreement or using the Wash@Home Software, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Wash@Home, its affiliated companies and/or Washers and/or Couriers, may include but are not limited to: operational communications concerning your User account or use of the Wash@Home Software or Wash Services or Courier Services, updates concerning new and existing features on the Wash@Home Software, communications concerning promotions run by us or our third-party partners, and news concerning Wash@Home. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails and text messages, you can unsubscribe from our promotional email and text list by following the unsubscribe options in the promotional email or text itself. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Wash@Home Software. However you acknowledge that opting out of receiving all texts may impact your use of the Wash@Home Software.
MODIFICATIONS TO TERMS
At any time Wash@Home may change these Terms, which includes any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by means of a notification when you login to use the Software, at which time you will be required to indicate that you have read and agree to the revised Terms before being allowed to continue to use the Software.
Your Obligation to Stay Current.
It is critical that you keep your email contact information correct and updated with Wash@Home at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.
MODIFICATIONS TO SOFTWARE
We reserve the right to modify or discontinue, and restrict or block access to, the Software without notice to you. We may modify or remove any feature or functionality of the Software at any time without notice to you, including removal of User generated content that we believe to be objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Wash@Home’s license to User generated content as stated herein.
Wash Services Fees
As a Washee, you acknowledge that you understand that any request or use of Wash Services may result in fees being charged to you (“Fees” or “Wash Services Fees”) by a Washer through the Software. Fees for Wash Services include charges for pick-up, delivery, washing, detergent, bleach (if requested), folding, ironing, hanging, and other services or products that the Washer may provide to you in connection with your request for Wash Services, and shall include all applicable sales or other taxes required by law to be charged to you. Fees vary based on the Wash Services requested, whether you would like pick-up and delivery of the clothing, the volume or amount of clothing being washed, the requested turn-around time, location and other factors. Fees listed through the Software change periodically depending on many factors, including time of day and volume of requests for Wash Services being made in a particular area or location, and changes in tax laws or regulations. Fees listed for Wash Services in the Software do not include tip. You are responsible for reviewing all applicable Fees listed for the particular Wash Services you are requesting through the Software.
Courier Services Fees
As a Washer, you acknowledge that you understand that as a convenience you may opt to pay for Courier Services through the Software, but are under no obligation to do so. If you opt to pay for Courier Services through the Software, it is your responsibility to inform the Courier that payment will be made through the Software. For all such payments through the Software, you authorize Wash@Home to debit your account, or reduce any payment owed to you for Wash Services Fees, by the amount of the payment being made to the Courier.
As a Washee, you acknowledge that you may be charged a cancellation fee by a Washer in the event that you are not available at the time you requested for the pick-up you requested for Wash Services.
Processing of Fees
All Fees are facilitated through a third-party payment processor. Wash@Home may replace or use multiple third-party payment processors without notice to you. Fees shall only be charged through the Software. With the exception of tips and payments to Couriers, cash payments are strictly prohibited. Wash@Home may group multiple Fees into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your Wash Service receipts and payment history.
All Fees are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Software, any disruption to the availability of the Software or Wash Services or Courier Services, or any other reason whatsoever.
You may receive coupons that you can apply toward payment of certain Fees upon completion of Wash Services. Coupons are only valid for use on the Wash@Home Software, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your Wash Services exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Wash Services. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Wash@Home App.
Credit Card Authorization
Upon addition of a new payment method or each Wash Services request, Wash@Home may seek authorization of your selected payment method to verify the payment method, ensure the Wash Services cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or other fees by the bank issuing your debit or prepaid card. We cannot be held responsible for any such charges and are unable to assist you in recovering them from your issuing bank.
For Washers and Couriers, the following terms apply to payments for Wash Services and Courier Services:
Wash Services Payments
Washers are entitled to payment for Wash Services performed for Washees. Rates for Wash Services are available through the Wash@Home App and may change from time to time, and may vary based on location, the type of Wash Services requested, pick-up/delivery requested, whether a Courier was hired through the Software and other factors, such as the volume or amount of clothing to be washed, time of day, or volume of Wash Services requests in a particular area.
In addition to payments for Wash Services, you will receive any tips provided by a Washee to you through the Software.
Payment Processing, Adjustments and Settlement.
For Washers, Wash@Home will collect payments owed to you by Washees as your limited payment collection agent and you agree that the receipt of such payments by Wash@Home satisfies the payer’s obligation to you. Wash@Home reserves the right to adjust or withhold all or a portion of a Wash Services Fee or other payment owed to you (except tips) (i) to make payment to any Couriers you have opted to pay through the Software, (ii) if we believe that you have attempted to defraud or abuse Washees, Couriers, Wash@Home, or Wash@Home’s payment systems, or (iii) in order to resolve a Washee complaint (e.g., you returned clothing damaged or lost a Washee’s clothing). Wash@Home’s decision to adjust or withhold payment of a Wash Services Fee or other payment in any way shall be exercised in a reasonable manner. We will use reasonable efforts to ensure that payments owed to you will be paid at least every 4 weeks. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
For Couriers, Wash@Home will collect payments owed to you by Washers as your limited payment collection agent and you agree that the receipt of such payments by Wash@Home satisfies the payer’s obligation to you. Wash@Home reserves the right to adjust or withhold all or a portion of a payment owed to you (i) if we believe that you have attempted to defraud or abuse Washees, Washers, Wash@Home, or Wash@Home’s payment systems, or (ii) in order to resolve a Washee or Washer complaint (e.g., you returned clothing damaged or lost a Washee’s clothing). Wash@Home’s decision to adjust or withhold any payment shall be exercised in a reasonable manner. We will use reasonable efforts to ensure that payments owed to you will be paid at least every 4 weeks. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
Payment processing services may be provided by one or more third party providers. By using the Wash@Home Platform to receive payment proceeds, you agree to be bound by the terms of each such provider, which may be modified from time to time. As a condition of Wash@Home enabling payment processing services through these providers, you authorize Wash@Home to obtain all necessary access and perform all necessary activity on your connected banking account(s) to facilitate your provision of Wash Services or Courier Services as contemplated by this Agreement. You further agree to provide accurate and complete information about you and your business, and authorize Wash@Home to share it and transaction information with these providers for the purposes of facilitating of the payment processing services. Wash@Home reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
Tips Received from Washees.
Wash@Home will charge the Washee an amount calculated or determined by Wash@Home on your behalf for the Wash Services you perform for Washees as discussed above. Washees may elect to add an additional tip to you on top of the Wash Services Fee. The tip shall be paid entirely to you and shall be considered separate from the Wash Services Fee.
Wash@Home Processing Fees.
As a Washer, in exchange for your use of the Wash@Home Software and the services provided by Wash@Home to you, you agree to pay Wash@Home (and permit Wash@Home to retain) a processing fee (“Processing Fee”) based on the Wash Services you provide to Washees. The Processing Fee shall be a set amount for each instance of Wash Services you provide, as listed in the Wash@Home App, and may change from time to time. Wash@Home may collect the Processing Fee from Washees’ payments on your behalf to offset your payment of such fees to Wash@Home. These fees may be communicated to you periodically on an aggregated basis.
No additional payment amounts.
You acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Wash@Home may seek to generate additional demand for your Wash Services from new and existing Washees, and to attract or retain candidates for Couriers. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
PROMOTIONS, REFERRALS, AND LOYALTY PROGRAMS
Wash@Home, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Wash@Home. Wash@Home reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Wash@Home determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Wash@Home reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Wash@Home’s referral program (“Referral Program”) provides you with incentives to refer your friends and family to become new Users of the Wash@Home Software (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and any additional Referral Program rules.
You must not do, or attempt to do, any of the following, as reasonably determined by Wash@Home, subject to applicable law:
- access or use the Software in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use features or areas of the Software that you are not authorized to access;
- alter information on or obtained from the Software;
- tamper with postings, registration information, profiles, submissions or content belonging to Wash@Home or other users of Wash@Home;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Software or extract data or gather or use information, such as email addresses, available from the Software or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
- frame any part of the Software, forge headers or otherwise manipulate identifiers, meta tags, code or links to the Software to make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by Wash@Home;
- impersonate or misrepresent your affiliation with any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- reverse engineer any licensed software, application or any other aspect of the Software or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Software;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Wash@Home Software or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- transfer or sell your User account, password and/or identification, or any other User’s Information to any other party;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- violate any of the Referral Program rules if you participate in the Referral Program;
- send to or otherwise impact us or the Software (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Software or any recipient;
- take any action which might impose a significant burden (as determined by us) on the Software’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Software; or
- cause any third party to engage in the restricted activities above.
- REPRESENTATIONS, WARRANTIES AND ADDITIONAL AGREEMENTS
As a Washer using the Wash@Home Software, you represent, warrant, and agree that:
- You or your employees or subcontractors (including Couriers) are authorized, medically fit, and have all appropriate licenses, approvals and authority to provide Wash Services to Washees referred through the Software.
- You own, or have the legal right to use and operate, equipment for the provision of Wash Services, that such equipment is in good operating condition and meets the industry safety standards and all applicable statutory and state requirements for such equipment; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless or negligent behavior while providing Wash Services, or provide Wash Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of any persons.
- You will not attempt to defraud Wash@Home or Washees on the Wash@Home Software or in connection with your provision of Wash Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fees or other payments for the Wash Services in question and take any other action against you available under the law.
- You will not discriminate against Washees or Couriers based on their race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- You agree that we may obtain information about you, including your criminal, driving and credit history records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of any vehicles you use to provide Wash Services.
- You will pay all applicable federal, state and local taxes based on your provision of Wash Services and any payments received by you.
As a Courier using the Wash@Home Software, you represent, warrant, and agree that:
- You or your employees or subcontractors are authorized, medically fit, and have all appropriate licenses, approvals and authority to provide Courier Services to Washers referred through the Software.
- You own, or have the legal right to use and operate, equipment for the provision of Courier Services, that such equipment is in good operating condition and meets the industry safety standards and all applicable statutory and state requirements for such equipment; and any and all applicable safety recalls have been remedied per manufacturer instructions.
- You will not engage in reckless or negligent behavior while providing Courier Services, or provide Courier Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of any persons.
- You will not attempt to defraud Wash@Home or Washees or Washers on the Wash@Home Software or in connection with your provision of Courier Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable payments for the Courier Services in question and take any other action against you available under the law.
- You will not discriminate against Washees or Washers based on their race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- You agree that we may obtain information about you, including your criminal, driving and credit history records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of any vehicles you use to provide Courier Services.
- You will pay all applicable federal, state and local taxes based on your provision of Courier Services and any payments received by you.
MONITORING OF USER CONTENT
No Duty to Monitor.
We are under no obligation to restrict or monitor User provided content that is available through the Software. WASH@HOME DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF USER-PROVIDED CONTENT SUCH AS WASHER AND COURIER REVIEWS. However, we reserve the right to modify or remove any User-provided content at any time. Any reviews, opinions, advice, statements, offers, or other information or content expressed or made available by third parties, including other Users, are those of the respective author(s) and not that of Wash@Home. Wash@Home neither endorses nor is responsible for the accuracy or reliability of any review, opinion, advice, information, or statement made on or accessible through the Software by Users or third parties.
All intellectual property rights in the Wash@Home Software shall be owned or licensed by Wash@Home. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for registration of the same. All other trademarks, logos, service marks, company or product names set forth in the Wash@Home Software are the property of their respective owners. Except as to Your Information, you acknowledge and agree that any reviews, questions, comments, suggestions, ideas, or feedback (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Wash@Home. Wash@Home shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
WASH@HOME and other Wash@Home logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks and/or trade dress of Wash@Home in the United States and/or other countries (collectively, the “Wash@Home Marks”). If you provide Wash Services as a Washer, Wash@Home grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Wash@Home Marks solely on the Wash@Home stickers/decals provided to you, and any other Wash@Home-Branded items provided by Wash@Home directly to you in connection with providing the Wash Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Wash@Home’s prior written permission, which it may withhold in its sole discretion. The Wash@Home logo (or any Wash@Home Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Wash@Home Mark in a domain name or Wash@Home referral code, or use of a Wash@Home Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Washer on the Wash@Home Software, but may not misidentify yourself as Wash@Home, an employee of Wash@Home, or a representative of Wash@Home.
You acknowledge that Wash@Home is the owner and licensor of the Wash@Home Marks, including all goodwill associated therewith, and that your use of the Wash@Home logo (or any Wash@Home Marks) will confer no interest in or ownership of the Wash@Home Marks in you but rather inures to the benefit of Wash@Home. You agree to use the Wash@Home Marks strictly in accordance with Wash@Home’s trademark usage guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Wash@Home determines to be nonconforming or otherwise unacceptable.
You agree that you will not:
(1) create any materials that use the Wash@Home Marks or any derivatives of the Wash@Home Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Wash@Home in writing;
(2) use the Wash@Home Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Wash@Home Marks other than in accordance with the terms, conditions and restrictions herein;
(3) take any other action that would jeopardize or impair Wash@Home’s rights as owner of the Wash@Home Marks or the legality and/or enforceability of the Wash@Home Marks, including, challenging or opposing Wash@Home’s ownership in the Wash@Home Marks;
(4) apply for trademark registration or renewal of trademark registration of any of the Wash@Home Marks, any derivative of the Wash@Home Marks, any combination of the Wash@Home Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Wash@Home Marks;
(5) use the Wash@Home Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Wash@Home’s sole discretion, a takedown request sent to the appropriate ISP, or social media Software, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Wash@Home Marks (in violation of this Agreement or otherwise), you agree that upon their creation Wash@Home exclusively owns all right, title and interest in and to such materials, including any modifications to the Wash@Home Marks or derivative works based on the Wash@Home Marks or Wash@Home copyrights. You further agree to assign any interest or right you may have in such materials to Wash@Home, and to provide information and execute any documents as reasonably requested by Wash@Home to enable Wash@Home to formalize such assignment.
TERMINATION OR CANCELLATION
Right to Terminate.
We may, at any time, without notice to you, terminate your access to the Software, and your account, or block your access to the Software if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Wash@Home, our users, or any other person.
Notice of Termination.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site, giving notice through the Software, or by sending a communication to any address (email or otherwise) that we have for you in our records.
Effect of Termination.
Upon termination of your Account or the Software, your agreement with Wash@Home pursuant to these Terms will also terminate, except that the following provisions survive the termination: 1.4, 2, 3, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22
DEALINGS WITH MERCHANTS; LINKS
Advertisements and Links.
The Software may contain advertisements, offers, or other links to Web sites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Wash@Home is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Software does not imply that we endorse the linked site. You use the links at your own risk.
Transactions with Third Parties.
Your transactions and other dealings with third party merchants or advertisers that are found on or through the Software, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You will defend, indemnify, and hold Wash@Home including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, attorneys or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to any claim arising out of or related to: (i) your access to and use of the Software; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any User of the Software and any dispute you have related to any merchant or advertising found on or through the Software; (iv) Wash@Home’s resolution (if any) of any dispute you have with any User of the Software; (v) your improper authorization for Wash@Home to collect, use or disclose any content provided by you; (vi) any disclosures made with your permission, (vii) any allegation that any materials that you submit to us or transmit through the Wash@Home Software or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (viii) your ownership, use or operation of equipment or that of a motor vehicle, including in connection with your provision of Wash Services as a Washer or your provision of Courier Services as a subcontractor to a Washer; and/or (ix) any other activities in connection with the Wash Services or Courier Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
The following disclaimers are made on behalf of Wash@Home, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Wash@Home does not provide clothes washing services or courier services. It is up to the Washer to decide whether or not to offer Wash Services to a Washee contacted through the Wash@Home Software or to engage a Courier contacted through the Wash@Home Software, and it is up to the Washee to decide whether or not to accept Wash Services from any Washer contacted through the Wash@Home Software. We cannot ensure that a Washer will complete arranged Wash Services, or that a Courier will complete arranged Courier Services. We have no control over the quality or safety of the Wash Services or any Courier Services.
The Wash@Home Software is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Wash@Home Software and/or the Wash Services and/or the Courier Services, including the ability to provide or receive Wash Services or Courier Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Wash@Home Software or Wash Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Wash@Home Software will be corrected, or that the Wash@Home Software is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Wash@Home Software or Wash Services or Courier Services.
We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Wash@Home Software to arrange for Wash Services and Courier Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Wash@Home Software by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Washer, Washee or Courier prior to engaging in an arranged wash service or courier service.
Wash@Home is not responsible for the conduct, whether online or offline, of any User of the Wash@Home Software or Wash Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings submitted to Washers or their subcontracted Couriers for Wash Services. By using the Wash@Home Software and participating in the Wash Services or Courier Services, you agree to accept such risks and agree that Wash@Home is not responsible for the acts or omissions of Users on the Wash@Home Software or participating in the Wash Services or Courier Services.
You are responsible for the use of your User account and Wash@Home expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Wash@Home Software (including any profile information you provide), send to other Users, or share directly with Washers or Couriers, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Wash@Home Software or otherwise. Please carefully select the type of information that you post on the Wash@Home Software or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Wash@Home or made available through the Wash@Home Software, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Wash@Home Software or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Wash@Home Software and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of Users or others.
Location data provided by the Wash@Home Software is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Wash@Home, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Wash@Home Software. Any of your information, including geo-locational data, you upload, provide, or post on the Wash@Home Software may be accessible to Wash@Home and certain Users of the Wash@Home Software.
Wash@Home advises you to use the Wash@Home Software with a data plan with unlimited or very high data usage limits, and Wash@Home shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Wash@Home Software.
APPLE APP STORE DISCLOSURE
This paragraph applies to any version of the Wash@Home Software that you acquire from the Apple App Store. This Agreement is entered into between you and Wash@Home. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Wash@Home Software. Wash@Home, not Apple, is solely responsible for the Wash@Home Software and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Google Privacy Disclosures Policy
When you use Google Analytics on your site or application, you must disclose the use of Google Analytics and how it collects and processes data.
For more information, see:
HOW GOOGLE USES INFORMATION FROM SITES OR APPS THAT USE OUR SERVICES
Many websites and apps use Google services to improve their content and keep it free. When they integrate our services, these sites and apps share information with Google.
For example, when you visit a website that uses advertising services like AdSense, including analytics tools like Google Analytics, or embeds video content from YouTube, your web browser automatically sends certain information to Google. This includes the URL of the page you’re visiting and your IP address. We may also set cookies on your browser or read cookies that are already there. Apps that use Google advertising services also share information with Google, such as the name of the app and a unique identifier for advertising.
If ad personalization is turned on, Google will use your information to make your ads more useful for you. For example, a website that sells mountain bikes might use Google’s ad services. After you visit that site, you could see an ad for mountain bikes on a different site that shows ads served by Google.
If ad personalization is off, Google will not collect or use your information to create an ad profile or personalize the ads Google shows to you. You will still see ads, but they may not be as useful. Ads may still be based on the topic of the website or app you’re looking at, your current search terms, or on your general location, but not on your interests, search history, or browsing history. Your information can still be used for the other purposes mentioned above, such as to measure the effectiveness of advertising and protect against fraud and abuse.
When you interact with a website or app that uses Google services, you may be asked to choose whether you want to see personalized ads from ad providers, including Google. Regardless of your choice, Google will not personalize the ads you see if your ad personalization setting is off or your account is ineligible for personalized ads.
You can see and control what information we use to show you ads by visiting your ad settings.
How you can control the information collected by Google on these sites and apps
Here are some of the ways you can control the information that is shared by your device when you visit or interact with sites and apps that use Google services:
• Ad Settings helps you control ads you see on Google services (such as Google Search or YouTube), or on non-Google websites and apps that use Google ad services. You can also learn how ads are personalized, opt out of ad personalization, and block specific advertisers.
• If you are signed in to your Google Account, and depending on your Account settings, My Activity allows you to review and control data that’s created when you use Google services, including the information we collect from the sites and apps you have visited. You can browse by date and by topic, and delete part or all of your activity.
• Many websites and apps use Google Analytics to understand how visitors engage with their sites or apps. If you don’t want Analytics to be used in your browser, you can install the Google Analytics browser add-on. Learn more about Google Analytics and privacy.
• Incognito mode in Chrome allows you to browse the web without recording webpages and files in your browser or Account history (unless you choose to sign in). Cookies are deleted after you’ve closed all of your incognito windows and tabs, and your bookmarks and settings are stored until you delete them. Learn more about cookies.
• Many browsers, including Chrome, allow you to block third-party cookies. You can also clear any existing cookies from within your browser. Learn more about managing cookies in Chrome.
• This article summarizes Google Analytics’ data practices and commitment to protecting the confidentiality and security of data. Visitors to sites or apps using Google Analytics (aka “users”) may learn about our end user controls.
Stripe Disclosures Policy
Stripe provides economic infrastructure for the internet. Businesses of all sizes use our software and services to accept payments and manage their businesses online. Stripe cares about the security and privacy of the personal data that is entrusted to us.
This policy describes the Personal Data that we collect, how we use and share it, your rights and choices, and how you can contact us about our privacy practices.
We may collect and use personal data when we do business with you or when you do business with those that use our services. Some of our services may be accessed directly by you, including through our websites that reference this policy (e.g. stripe.com) (collectively “Sites”). Many of our services are provided to others in connection with their own business and activities, and you may engage with Stripe services as part of another’s service, such as when you make a payment to a merchant and we provide the payment processing services to that merchant through Stripe Checkout (collectively, we refer to Sites and direct and indirect services as “Services”). This policy applies to Stripe’s own Services. Websites, products and services of third-parties and some affiliates of Stripe are subject to their own separate privacy policies.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
In no event will Wash@Home, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Wash@Home” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Wash@Home Software, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Wash@Home Software, the Wash Services, the Courier Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Wash@Home Software may be used by you to request and schedule Wash Services with Washers, or to request Courier Services with Couriers, but you agree that Wash@Home has no responsibility or liability to you related to any Wash Services, Courier Services or other services or goods provided to you by Washers or Couriers other than as expressly set forth in this Agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
This Agreement is effective upon your creation of a User account, and shall continue until terminated pursuant to the terms herein.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Agreement to Binding Arbitration Between You and Wash@Home
You and Wash@Home mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Wash@Home ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Wash@Home, including Wash@Home’s affiliates, subsidiaries, parents, successors and assigns, and each of Wash@Home’s respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Wash@Home’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and Wash@Home. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Wash@Home Software, Wash@Home promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Wash@Home Software, or referrals for goods or services made available through the Wash@Home Software, your relationship with Wash@Home, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Wash@Home’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Wash@Home, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Wash@Home and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
By agreeing to arbitration, you understand that you and Wash@Home are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Prohibition of Class Actions and Non-Individualized Relief
You understand and agree that you and Wash@Home may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). You understand and agree that you and Wash@Home both are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction..
As part of the arbitration, both you and Wash@Home will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
Arbitration Fees and Awards
The payment of filing and arbitration fees will be governed by the relevant JAMS Rules.
Location and Manner of Arbitration
Unless you and Wash@Home agree otherwise, any arbitration hearings between Wash@Home and a Washee will take place in the county of your billing address, and any arbitration hearings between Wash@Home and a Washer will take place in the county in which the Washer provides Wash Services, and any arbitration hearings between Wash@Home and a Courier will take place in the county in which the Courier provides Courier Services. If JAMS arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a JAMS arbitration. Your right to a hearing will be determined by the JAMS Rules.
Exception to Arbitration
This Arbitration Agreement shall not require arbitration of the following types of claims:
(1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction;
(2) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; and
(3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsection 18.2 above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect
Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Wash@Home may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 90 days, unless this time period is mutually extended by you and Wash@Home. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must
(1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Wash@Home’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Software, which may include the User’s name, address, contact information and photo (“Confidential Information”) disclosed to you by Wash@Home for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Wash@Home Software any User information obtained from the Wash@Home Software. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Wash@Home in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Wash@Home with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Wash@Home or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Wash@Home; becomes known to you, without restriction, from a source other than Wash@Home without breach of this Agreement by you and otherwise not in violation of Wash@Home’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided, however, that you shall provide prompt notice of such court order or requirement to Wash@Home to enable Wash@Home to seek a protective order or otherwise prevent or restrict such disclosure.
Wash@Home respects the intellectual property rights of others and requests that users of the Software do the same. If you believe that your work is being used on the Software in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Wash@Home to locate the material (for example, by providing a URL to the material);
your name, address, telephone number, and email address;
a 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement can be reached at:
WASH AT HOME NY CORP.
311 W 43rd St., Office 12-113
New York, NY 10036
It is our policy to terminate in appropriate circumstances any User account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate User account for even one instance of infringement.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, Wash@Home will give you any notices by posting them on the Site or through the Software. You also authorize Wash@Home to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must keep your email address current with us, and you will be considered to have received a notice when sent by Wash@Home via electronic mail, whether or not received by you. Wash@Home may also provide notice to any other physical address that you provide to us. You must keep your physical address current with us and any notice sent by Wash@Home to the physical address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described herein, you must send us any notice by mailing it to our address for Legal Notices which is: 311 W 43rd St., Office 12-113, New York, NY 10036.
Compliance with Laws.
You are responsible for compliance with applicable local laws. Access to the Software by certain persons or in certain countries may not be legal.
If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Wash@Home. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Wash@Home will be null and void. Wash@Home has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
Jurisdiction; Choice of Law; Export Limitations.
This Software is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Software from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Software in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed and enforced pursuant to the laws of the State of New York, U.S.A. without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Wash@Home submit to the exclusive personal jurisdiction and venue of the state and federal courts located within New York County, New York.
The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
These Terms (including terms incorporated into them) and any policies and guidelines posted to the Software by Wash@Home comprise the entire agreement (the “Entire Agreement”) between you and Wash@Home with respect to the use of the Software and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.