Terms of Service
Welcome to LaunderBot. These Terms of Service ("Terms") apply to your use of all content and functionality available through the http://www.launderbot.com domain (the “Site"), the mobile application (the “App”) and wash and fold laundry, dry-cleaning, and pickup and delivery services provided by LaunderBot (the “Service”) as well as to all information, recommendations and/or services provided to you on or through the Site, the App and the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE AND/OR SERVICES (AS DEFINED HEREIN).
1. SERVICE TERMS AND LIMITATIONS.
1.1 Proprietary Rights. The entire contents displayed on the Site and App (the "Content") have copyrighted protection as a collective work under the laws of the United States and other copyright laws. LaunderBot is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties and such collective work is also protected by copyright and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App. You agree not to use any LaunderBot logo or any other proprietary graphic or trademark without LaunderBot's express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in LaunderBot and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.2 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon your registration for an Account, LaunderBot hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services, the App and the Site. All the Content that is made available to view and/or download in connection with the Site and App is owned by and is the copyrighted work of LaunderBot and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site, the App and/or the Content.
1.3 Use of the App.
(a) General. In addition to the terms set forth in this Agreement, Your use of the App is subject to the following additional terms (the "App Terms"): You understand and agree that (i) Your use of the App is conditioned upon Your acceptance of these App Terms, (ii) the App contains copyrighted material, trade secrets, and other proprietary materials of LaunderBot and its licensors, and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (a) decompile, disassemble or reverse engineer the App; (b) modify or create derivative works of the App; (c) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (d) transmit the App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (e) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (f) use components of the App to run applications not running on the App.
(b) App User Agreement. YOU HEREBY AGREE: (i) to only use the App to access and/or use the Services; (ii) to not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (iii) will not authorize any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with LaunderBot; (iv) will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware); (v) will not lend, lease, rent or sublicense the App; (vi) to permit LaunderBot to send and deliver updates to You as part of Your use of the App; and (vii) to allow the App to automatically download and install updates from time to time from LaunderBot which are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
1.4 User Agreement. In order to access the Service, you will be required to register for a LaunderBot account (an "Account"). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your "Credit Card") as applicable; (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees (accessible at http://launderbot.com)(the "Fees") to be charged for Your use of the Services; and (d) authorize LaunderBot and its affiliates to charge your Credit Card for any and all Fees incurred by You for Your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or LaunderBot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LaunderBot has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
1.5 User Representations. You represent and warrant to LaunderBot that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying LaunderBot in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the Terms set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site. You further represent and warrant that (i) you are over the age of thirteen (13) and have the power, authority or consent to enter into and perform your obligations under the Agreement; (ii) all information provided by you to LaunderBot, including Credit Card information, is truthful, accurate and complete; (iii) you are authorized, or have the permission of the authorized signatory of the Credit Card or charge card provided to LaunderBot, to pay any Fees incurred from use of the Services; (iv) you shall comply with all terms and conditions of this Agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload Submitted Content (as defined herein) on the Site or through the Service, you own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site.
1.6 User's Restrictions. You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of LaunderBot and/or the copyright owner; or (ii) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part; or (iii) remove any proprietary notices or labels on the Content or any Submitted Content.
2. ONLINE COMMUNICATIONS.
2.1 Submitted Content. You are solely responsible for the information, and other content that you upload, publish or display (hereinafter, "post") on the Site or the App (collectively, the "Submitted Content"). You understand the Site and App is available to the public. Therefore any information you consider confidential should not be posted to the Site or App. By posting Submitted Content, you agree that LaunderBot may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Submitted Content posting by you. Your participation in on-line communications, if any and if allowed by LaunderBot, occurs in real time and is not edited, censored, or otherwise controlled by LaunderBot. LaunderBot cannot and does not screen content provided by you to the Site, the App or through the Services. Notwithstanding the foregoing, LaunderBot reserves the right to monitor content on the Site and to remove content, which LaunderBot, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or LaunderBot' operating policies for Users.
2.2 User Warranties and Representations. You warrant, represent and agree that you will not contribute any Submitted Content or otherwise use the Site or App in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on LaunderBot's goodwill, name or reputation or causes duress, distress or discomfort to LaunderBot or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or App, or from advertising, liking or becoming a supplier to use in connection with the Site or App; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of LaunderBot; (viii) circumvent, disable or otherwise interfere with security-related features of the Site, the App or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. You further warrant, represent and agree that you will not (xi) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (xii) use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (xiii) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Site or App. While it is not the intent of LaunderBot to discourage you from reporting problems about the Services, nonetheless, LaunderBot reserves the right to take such action as it deems appropriate and/or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if LaunderBot is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
2.3 License Grant. By posting any Submitted Content on publicly accessible locations on the Site or the App, you automatically grant (or warrant that the owner of such content has expressly granted) to LaunderBot a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Site, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You agree that you shall have no recourse against LaunderBot for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You hereby agree to also grant each User a non-exclusive license to access your Submitted Content through the Site and/or the App, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site, the App and under this Agreement. You further acknowledge and agree that no compensation will be paid with respect to the use of your comments, as provided herein, that LaunderBot may remove any comment at any time in its sole discretion. Further, when you post any Submitted Content on the Site and/or the App, you authorize and direct LaunderBot to make such copies thereof as LaunderBot deems necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Site and App at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that LaunderBot may retain archived copies of the Submitted Content.
3. OPERATION. LaunderBot reserves complete and sole discretion with respect to the operation of the Site and the App. LaunderBot may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by LaunderBot policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or the App. LaunderBot may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. LaunderBot will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
4. CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer. THE SITE AND THE APP ARE PROVIDED BY LAUNDERBOT ON AN "AS IS" BASIS. LAUNDERBOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LAUNDERBOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. LAUNDERBOT CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. LAUNDERBOT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. LAUNDERBOT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. LAUNDERBOT MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. ALTHOUGH LAUNDERBOT HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE AND APP, LAUNDERBOT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
4.2 Informational Purposes Only. Any opinions expressed on the Site or the App are the personal opinions of the original author and not of LaunderBot, even though the original author may be employed by LaunderBot. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by LaunderBot or any other party. LaunderBot does not assume any responsibility or liability for any Submitted Content, blogs, opinions or other commentary posted on the Site, the App or any third party website linked to the Site or App and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Site and/or the App, you may be exposed to Submitted Content and third party content from a variety of sources, and that LaunderBot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content or third party content. You further understand and acknowledge that you may be exposed to Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LaunderBot with respect thereto. You acknowledge that statements made in Site, the App. newsgroups, message boards, email, forums, conferences, chats and/or Submitted Content reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Site and the App, if applicable, are not authorized LaunderBot spokespersons, and their views do not necessarily reflect those of LaunderBot, and LaunderBot does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein.
5. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LAUNDERBOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR THE ACCOUNT.
6. WAIVER AND RELEASE. YOU AGREE THAT NEITHER LAUNDERBOT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT LAUNDERBOT SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST LAUNDERBOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF LAUNDERBOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT.
7. LIABILITY LIMITATION. NOTWITHSTANDING THE FOREGOING PARAGRAPH LAUNDERBOT WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF LAUNDERBOT MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND THE APP ARE CONTROLLED AND OFFERED BY LAUNDERBOT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. LAUNDERBOT MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR APP FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION. LaunderBot respects the intellectual property rights of others. You can notify LaunderBot of possible copyright infringement, and LaunderBot will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site reasonably sufficient to permit LaunderBot to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act ("DMCA"). Claims can be directed to us at [email@example.com] or to Tong Law, 409 13th Street, Oakland, CA 94612.
9. TERM AND TERMINATION. Either you or LaunderBot may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement. LaunderBot also reserves the right to terminate or suspend your Account and access to the Site and Services without prior notice. The provisions of Sections 1.1 (Proprietary Rights), 1.3 (Use of the App), 1.4 (User Agreement), 1.5 (User Representations), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), and 11 (Miscellaneous) shall survive any termination of this Agreement.
11. CONTROLS. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of the Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any restricted country or on any such list.
12. MINIMUM SIZE ORDER. LaunderBot will charge a minimum of $25 for any wash and fold Service, irrespective of weight.
13. MISSED PICKUP. Your failure to be present for the entire window of a scheduled in-person pickup or delivery, or Your failure to place laundry in the designated location instructed to LaunderBot for pickup, or failure to make the designated location instructed to LaunderBot available for a not-present pickup, will result in a missed pickup/delivery charge as set forth in the LaunderBot FAQ.
14. ITEMS NOT ACCEPTED. LaunderBot will not accept the following for provision of its Services: furs, leather, tarpaulins, plastic sheeting, or items soiled with gasoline, turpentine, paint, toxic substances or excessively soiled with human and/or animal urine or feces. You must notify LaunderBot prior to pickup if your items contain lice, bed bugs or other infestations. Failure to do so will result in You being held liable for the costs of remediating any transference to another User, LaunderBot employee, laundry facility employee or laundry facility.
14. DAMAGED ITEMS. While we are committed to handling your garments with care and returning them in as good or better condition, normal wear and tear and occasional damage is an inherent result of machine washing and dry cleaning processes. By agreeing to these terms, You hereby indemnify and hold harmless LaunderBot for any color loss, bleeding, shrinkage, loss or breaking of buttons or zippers, loss of embellishments, small holes or tears or loss or damage to any items You have left in pockets, attached to Your garments or included in a LaunderBot laundry bag. Delicate garments must be placed in a lingerie bag of Your own or one provided by LaunderBot, or they will be washed and dried per normal service. LaunderBot will not be held liable for any damage caused by laundering items in a manner contrary to that item’s washing instructions. For any items deemed damaged by LaunderBot, LaunderBot may reimburse you for the depreciated replacement value of the item. LaunderBot must be notified of any damaged items within (24) hours through digital photos send via email to firstname.lastname@example.org. If the cost of damage exceeds $150, the item must be tested at the International Fabricare Institute Garment Analysis Lab.
14. LOST ITEMS. Any lost item must be reported within 24 hours of the delivery of the garments to email@example.com. All claims are reviewed on a case-by-case basis. Items are considered lost thirty (30) days after the initial claim has been made. Any reimbursement for a dry-cleaned item deemed lost by LaunderBot, in accordance with the International Fabricare Fair Claims Guide, shall be limited to ten (10) times the charge for treating the garment, and proof of ownership must be submitted via purchase receipt to firstname.lastname@example.org. For any wash and fold item deemed lost by LaunderBot, LaunderBot may reimburse you up to five (5) times Your cost of the entire wash and fold service in which the garment was included.
15. DELIVERY. If You have chosen an unattended pickup or delivery in an unsecured area accessible to anyone beyond You, your immediate family or roommates and LaunderBot, LaunderBot will not be liable for loss or damage to customer laundry prior to pickup and after delivery by LaunderBot.
16. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between LaunderBot and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Alameda County, California, United States. Any cause of action or claim you may have with respect to LaunderBot must be commenced within one (1) year after the claim or cause of action arises. LaunderBot’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind to any nonprofit user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 5, 6, and 7 are intended to benefit LaunderBot and its officers, directors, employees, agents, licensors, and suppliers. LaunderBot may assign its rights and duties under this Agreement to any party at any time without notice to you.
17. NOTICE. LaunderBot may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or the App, or by written communication delivered by first class U.S. mail to your address on record in the Account. You may give notice to LaunderBot at any time via electronic mail to the Site at email@example.com.
18. App Store Sourced Application
With respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. LaunderBot reserves all rights in and to the Application not expressly granted to you under these User Terms.
You acknowledge and agree that (i) these User Terms are valid between you and LaunderBot only, and not Apple, and (ii) LaunderBot, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LaunderBot and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LaunderBot.
You and LaunderBot acknowledge that, as between LaunderBot and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and LaunderBot acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LaunderBot and Apple, LaunderBot, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and LaunderBot acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
19. PRIVATE PROPERTY ACCESS By giving keys and door codes to LaunderBot to facilitate pickup and delivery of Your laundry to and/or from a home, business or secured building, you hereby grant permission for LaunderBot to make sufficient copies of non-Do Not Duplicate keys and for LaunderBot employees to access and enter locations as requested by you for laundry delivery. LaunderBot shall not be held liable for any theft or damage to or in the designated delivery location.