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Terms of Service

COMPANY TERMS OF USE

Please read the below Terms of Use as they contain important information about your legal rights, remedies and obligations as they pertain to your access to and use of the Company Platform. By accessing or using the Company Platform or any component thereof, you agree to comply with and be bound by these Terms of Use.
Please note: Section 16 of these Terms of Use contains an arbitration clause and class action waiver that applies to your use of the Company Platform. It affects how disputes with Company are resolved. By accepting these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Lotus Laundry , a New Jersey LLC with offices at 625 Springfield Avenue Newark, NJ 07103 (the “Company”) and you, the user (“you”, “your” or “User”).
This Agreement contains the complete terms and conditions that govern the use of the Company website,, including any subdomains thereof, any other websites through which Company makes its Services available, the Company application, as well as the content and Services offered by the Company (the “Company Platform”).
BY CONTINUING TO ACCESS, USE, ATTEMPT TO INTERACT WITH OR USE ANY PART OF THE COMPANY PLATFORM OR ANY COMPONENT THEREOF, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TERMS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE COMPANY PLATFORM. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE COMPANY PLATFORM CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Last Updated: July 10, 2019
You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Company Platform or any part thereof shall constitute your full acceptance of such changes.
1. SCOPE OF COMPANY SERVICES
The Company Platform is an online and application platform which enables you, upon, upon proper registration of a User account, to create Orders, pay for Orders, and track Orders with Company (“Company Services” or “Services”) in a manner consistent with this Agreement. The scope of Services provided by Company are limited to those enumerated in this Section 1.
Orders are defined as transactions made by and between you and Company to service your laundry requests, as such requests are consistent with the terms of this Agreement.
2. ACCESS TO AND USE OF THE COMPANY PLATFORM
To access the Company Platform, you must be at least eighteen (18) years of age.
You do not have to create a user account if you wish to explore the Company Platform. However, you will be unable to use the Services made available on the Company Platform, as such capabilities are restricted without the creation and usage of a user account.
You will be asked to provide certain registration details or other information prior to your use of the Company Platform. It is a condition of your use of the Company Platform that all the information you provide will be correct, current, accurate and complete. If Company believes the information you provide is not correct, current, accurate or complete, Company has the right to deny, terminate and/or suspend your access to the Company Platform, or to any of its resources, at any time without notice to you. Any termination or suspension shall also result in the termination of any and all Orders you have created and placed for fulfillment with Company. In the event your Orders have already been collected and/or dropped off by you, Company reserves the right to return the items within your Order without fulfilling such Order. Company assumes no responsibility for your inability to use the Company Platform, place Orders or use the Services provided on the Company Platform in the event your account is suspended or terminated.
You are responsible for any and all activities that occur under your account. You are solely responsible for maintaining the confidentiality and security of your account and any information provided in order to create or maintain it (i.e. username, passwords and/or passcodes). You must immediately notify Company if your password or account has been lost, stolen, misappropriated, compromised or subject to unauthorized use. From time to time, Company may require that you change your password.
You are prohibited from using the Company Platform to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of this Agreement. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
3. ORDER CREATION
The Company Platform enables users to customize Orders to be processed and fulfilled by Company, make payment for Orders, and communicate with Company regarding Orders and Order status.
Company has the right to review, in its sole discretion, any and all Orders and communications regarding Orders made by any and all Users. Further, Company may, in its sole discretion, remove or reject any Orders by any and all Users, cancel or terminate any orders or accounts, and report any and all Users to proper authorities who Company believes, in its sole discretion, to be in violation of this Agreement or applicable laws, or otherwise.
Upon the proper creation of a user account, you will select the order preferences you desire from those set forth on the Platform. You will provide an itemization of all items which will be included in your Order, as well as specific instructions regarding any items which require particular treatment and techniques regarding their cleaning. In the event no instructions are provided, Company shall use standard practices to fulfill the Order.
In the event an Order includes an item which cannot be processed, we will notify you of this and will not include service on such item as part of the final amount due for the Order.
4. ORDER PROCESSING AND COMPLETION
As your Order is going through our system you will be periodically updated as to its status. It is your sole responsibility to provide us with accurate information so that we may (a) send you updates via text message, the Platform, or email, as we may determine as the mode of communication with you in our sole discretion.
Upon completion of your Order, you will be notified of any outstanding balance owed for such Order and shall pay such balance immediately. Payments for Orders are further set forth in Section 10 of this Agreement.
Company shall arrange for the pick up or delivery, at your preference, of your Order, pursuant to your request and instructions set forth in the Order. In the event Company is to return your Order to you, you are responsible for providing us with the proper address for delivery. Company disclaims any and all responsibility as it pertains to your Order once the Order has been delivered to the address provided by you. Company shall not be liable for any damage, theft or destruction of any items in your Order thereafter delivery has been made.
By placing an Order through the Company Platform, it will be considered that you have made a binding offer for the Company to fulfill such Order.
Company cannot guarantee a particular timeline for completion of your Order. Some Orders may be fulfilled in shorter or longer time periods than others. In the event you require an Order to be expedited, additional charges may be applied to your account. All Orders are deemed final as set forth in Section 5 and 6 of this Agreement.
Once your Order is processed through the Company Platform and accepted by Company for fulfillment, you will receive an email confirming the acceptance of your Order and any instructions which you must follow for proper fulfillment of such Order by us (“Order Approval”).
Company cannot guarantee the adherence to any timeline and any timeline provided in any Order Approval is an estimation of the time it will take to complete your Order. Company bears no responsibility for any damages or losses suffered as a result of the completion, delay of completion, pick up or delay of pickup by you, of your Order.
Company reserves the right, in its sole discretion, to reject any order for any reason at any time without advance notice to you.
5. DAMAGED OR DEFECTIVE PRODUCT
You must contact Company within seven (7) days of receipt of any damaged items within your Order and you must provide reasonable proof to us of such damage. You may contact us either through the Platform or via email at: info@lotuslaundromat.com.
Company will promptly review your correspondence in order to determine whether such damage warrants a refund and if so, the amount of such refund. In the event damage occurs to an item in your Order, you hereby agree that Company shall be responsible for compensating you no more than the value of the damaged item immediately prior to the occurrence of such damage.
Company will not honor damage requests which are attributed to damage incurred thereafter the return of your Order to you or the delivery of your Order to you (i.e. placed on or about the address you provide as your delivery address).
6. MODIFICATION & CANCELLATION REQUESTS; ALL ORDERS FINAL
No modifications or cancellations are accepted after an Order has been accepted and an Order Approval has been sent to you. Your order shall be non-refundable and final, and no modification requests will be honored or permitted. You may, prior to our dispatch of an Order Approval, request modifications to your Order. Any and all modifications shall be subject to price changes, which the Order will reflect upon the approval of such modifications. In the event a modification includes an item which cannot be processed, we will notify you of this and will not include service on such item as part of the final amount due for the Order.
7. STANDARDS OF CONDUCT
As you enjoy use of the Company Platform, you must remember that it is your sole responsibility to comply with any and all applicable laws, rules, regulations and obligations. Company takes no responsibility for your lack of adherence to such laws, rules, regulations and obligations and shall not be responsible for any consequences you may suffer as a result of such lack of adherence. You are permitted to use the Company Platform strictly in accordance with the terms, rules and regulations set forth in this Agreement and elsewhere throughout the Company Platform. Company may revoke or limit your access to the Company Platform, suspend or terminate your user account in accordance with the termination language set forth in Section 15.
You are required to adhere to the following standards of conduct while using the Company Platform at all times you are using or accessing it. Accordingly, you will not and will not assist or enable others to:
To provide untrue, inaccurate, incomplete and not current information about you. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, this Agreement, or the Company Privacy Policy. Use the Company Platform in a manner that indicates, either directly or indirectly, any partnership between you and Company, endorsement of you, affiliation or opinion of you, your user account, or your Orders. Copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Company Platform in any manner inconsistent with this Agreement or the Company Privacy Policy, or that otherwise violates the rights of users or third parties. Use the Company Platform in any manner inconsistent with the terms of this Agreement. Submit an Order that violates another party’s intellectual property rights, including but not limited to trademark rights, copyrights, rights to privacy or publicity. Submit an Order under false pretenses. Discriminate against or harass anyone on the basis of their race, national origin, religion, gender, physical or mental disability, medical condition, marital status, sexual orientation or age, or otherwise engage in abusive or disruptive behavior. Modify, copy, create or enable creation of derivative works, modifications, or adaptations of the Company Platform or any components thereof; Use any robots, spider, crawler, scraper or other automatic device or program or manual process to monitor, copy, reproduce, access or collect data through the Company Platform. Attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Company Platform. Use any part of the Company Platform to violate any applicable laws or use the Company Platform in a manner that may subject Company, its staff or other users to the threat of civil or criminal penalties. Transmit or upload any files, software or programs that (i) contain or you have reason to believe may contain viruses; (ii) may be corrupted or that you have reason to believe are corrupted; (iii) contain malicious code or that you have reason to believe contain malicious code; or (iv) that you have reason to believe may harm another person’s computer, disrupt the Company Platform, expose the Company Platform and/or its users to a cyber breach, or provide you or other parties gain unauthorized access to the Company Platform, other user accounts, or any other information provided on either or both. Provide access to the Company Platform to persons who are prohibited pursuant to applicable laws or this Agreement. Violate or infringe upon anyone else’s rights or otherwise cause harm (whether physical, mental or emotional) to anyone. Use the Company Platform to promote, post, communicate, share, transmit or use as part of an Order, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication. Use the Company Platform in any manner that could in any way disable, overburden, damage, or impair the Company Platform or any components thereof, or otherwise interfere with any other party's use and enjoyment of the Company Platform. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Company Platform.
WHILE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT, AND THAT YOUR USE OF THE COMPANY PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE COMPANY PLATFORM OR ANY COMPONENTS THEREOF VIOLATES ANY PROVISIONS IN THIS AGREEMENT, COMPANY CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE COMPANY PLATFORM IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING. FURTHER, COMPANY MAY ALSO SEEK ADDITIONAL REMEDIES AS SUCH REMEDIES ARE PERMITTED BY THIS AGREEMENT AND APPLICABLE LAW.
8. THIRD PARTY WEBSITES
The Company Platform may contain links to third-party websites, which may be subject to different terms and conditions and privacy practices than those which are set forth in this Agreement and the Company Privacy Policy. Company is not responsible or liable for the conduct, content, products, services, or other offerings made available via such third-parties, nor does a link to any third-party website constitute an endorsement, partnership, joint venture or affiliation with such third-parties. Company may make available certain integrations with third-party websites and applications (for example: PayPal, Venmo, Facebook, Instagram, Amazon, etc.). Any and all integrations shall be for the benefit of the user. Any use of these third-party websites and applications by and through this capability shall not involve Company and Company shall not have any responsibility or liability for your conduct, content, products, services or other offerings made available by you through these third-party websites and applications. Further, you may be subject to additional terms and conditions as a result of your use of such third-party websites and applications. Such terms and conditions are between you and such third-party websites and shall not include Company.
In the event Company is wrongfully named in a complaint, allegation, claim or cause of action relating to your relationship with any third-party website or application, you agree to indemnify Company in accordance with the Indemnification provisions of this Agreement.
9. SECURITY
Company is committed to protecting the security and confidentiality of information about you and your user account. Company may use several different security methods to protect your user account, including, without limitation: You can only access the Company Platform with certain browsers that have high security standards. If the Company Platform does not recognize your computer or other device, you will be prompted to answer one of your challenge questions to verify your identity. The Company Platform will automatically log off if prolonged periods of inactivity occur. Your session will terminate if you navigate away from our website to another website.
10. PAYMENT TERMS
You are permitted to choose how you will pay for your Orders by selecting any of the payment methods authorized by Company. Any and all payment methods available to you by Company will be provided to you when you are creating your user account.
By submitting a payment method to use, you hereby authorize Company to use such payment method and charge such payment method for any and all Orders you make on the Company Platform.
Should you use a payment method or provide Company with payment information that results in the inability of Company to collect any payment owed (i.e. your payment method has insufficient funds or the payment information is incomplete and a transaction cannot be conducted) through no fault of Company, you agree that additional charges may apply and be assessed to you in order to recoup the costs associated with our attempt and failure to collect payment. Company is not responsible for the incompleteness or inaccuracies of any payment method as such information is solely your responsibility. Accordingly, Company is not responsible for any losses suffered as a result of inaccurate and incorrect information pertaining to your payment methods.
If you fail to pay or Company is otherwise unable to collect payment from you, Company may assign the rights to collect such payments to a debt collection agency and transfer any and all personal information necessary for such debt collection agency to collect the payment owed.
Company may use third-party payment service providers which may carry additional fees when processing payments. Company is not responsible for any additional fees assessed as a result of using such third-party payment service providers and disclaims all liability with respect to such fees. Further, such third-party service providers may also impose separate and distinct terms and conditions on you. It is solely your responsibility to review these terms and conditions prior to submitting payment through such third-part payment service provider.
You hereby authorize Company to retain and store the information pertaining to your payment and payout methods and charge such payment method in accordance with this Agreement and Company Privacy Policy.
11. ELECTRONIC COMMUNICATIONS
Email and Online Message Center. Upon registering for a user account, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Company maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Company for providing you notices pursuant to this Agreement, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Company. Company will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Company, do not respond to the email and notify Company by calling 1-862-231-2746.
Usage of Electronic Communication. Upon registering for a user account, you agree to receive this Agreement and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your user account. You also agree that Company may respond to any communication you send to Company with an electronic communication, regardless of whether your original communication with Company was an electronic communication. Any electronic communication Company sends to you will be considered received within 3 calendar days of the date such communication is sent by computer servers utilized by Company to the email address you designate in your user account or posted to Company’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Company will not be effective until Company has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Company immediately and, in no event, should your sole method of communication with Company regarding any emergency be by electronic communication. Company strongly suggests that you report all matters requiring immediate attention to Company by calling 1- 862-231-2746. Company may require you to provide written confirmation of any verbal or electronic notice of alleged error by Company.
12. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Your use of the Company Platform is subject to the exclusive ownership rights of Company or such limited licenses which have been provided to Company by third parties. No rights, title or interest in or to the Company Platform are granted to you through this Agreement. This Agreement grants you a non-exclusive, non-transferrable, limited license to use the Company Platform in a manner consistent with the terms of this Agreement and the Company Privacy Policy. All intellectual property rights in and to the Company Platform, together with any components thereof (including but not limited to icons, graphics, text, logos, copyrights, trademarks, service marks, trade dress, other proprietary marks, domains, software and systems created and placed on the Company Platform) are retained exclusively by Company.
You agree that you will not remove, deface, or destroy any copyright, patent notice, trademark, service mark, or other proprietary marks, or confidential legends placed on or within the Company Platform, any documentation of the Company Platform, and any copies thereof in any form. All rights not licensed hereunder are expressly reserved by Company or such third parties which have provided Company with a license for some or all of the Company Platform.
13. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing their user account and password. You may not assign this Agreement, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Company unless acknowledge by Company in writing. Company has no obligation to provide you with written acknowledgment. Company may, at any time and in its sole discretion, assign this Agreement, in whole or in part, or delegate any of our rights and responsibilities under this Agreement to any third party or entity.
14. CUSTOMER COMMENTS
We welcome the submission of comments, information or feedback through the Company Platform. By submitting information through the Company Platform, you agree that the information submitted shall be subject to the Company Privacy Policy.
15. TERMINATION
This Agreement shall terminate between you and Company upon the deletion of your user account, except for such provisions which are intended and expressly stated to survive termination.
Company reserves the right, but has no obligation, to monitor use of the Company Platform to determine compliance with this Agreement.
Company takes compliance with these terms very seriously. Accordingly, any violation of these terms no matter how minor or major the violation may be, shall provide Company with the sole authority to terminate your account and access to the Company Platform. Company also reserves the right to terminate your access to any or all of the Company Platform at any time without notice.
In the event your user account is terminated by any means set out in this Section, and there are Orders pending in your user account, or if you have pre-paid for your Order(s) on or before the suspension or termination of your account, Company will (a) if the Order has already been fulfilled, complete such Order and arrange for your pickup or the return of your items within the Order and retain all payments made for such Order; or (b) if the Order has not been fulfilled or fulfillment has not commenced as of the time of suspension or termination, issue you a refund for your total purchase; or (c) if the Order is partly fulfilled as of the time of suspension or termination, Company shall complete the order, arrange for your pickup or the return of your items within the Order and retain all payments made for such Order.
16. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; WAIVER OF JURY TRIAL
If you opt to bring any claim, dispute or controversy against Company arising out of or in relation to this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the Company Platform or any components thereof, you agree that such claim or claims shall be settled by binding arbitration under the rules of the American Arbitration Association.
Arbitration shall occur within Franklin County in the State of New Jersey, or any other location to which you and Company mutually agree in writing.
The prevailing party of arbitration between you and Company shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.
The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
YOU AND COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE COMPANY PLATFORM OR ANY COMPONENTS THEREOF.
YOU AND COMPANY HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, OR YOUR USE OF AND ACCESS TO THE COMPANY PLATFORM OR ANY COMPONENTS THEREOF.
You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Franklin County, New Jersey in connection with any dispute between you and Company arising out of or involving this Agreement, any provisions herein, and/or your use of and access to the Company Platform.
17. JURISDICTION AND VENUE
This Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New Jersey, without giving effect to any conflicts of laws principles that require the application of law of a different state. Any disputes under this Agreement may be brought in the state courts and Federal courts located in New Jersey. You hereby consent to the personal jurisdiction and exclusive venue of these courts.
18. DISCLOSURE UNDER LAW
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
19. PERSONALLY IDENTIFIABLE INFORMATION
Company cautions you against giving out any personally identifying information about yourself or your children through your use of the Company Platform beyond that which is requested to create and maintain a user account. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through the Company Platform in accordance with the terms outlined in the Company Privacy Policy, as well as in conformance with all applicable laws, rules, and regulations.
20. DISCLAIMER & LIMITATIONS ON LIABILITY
You understand that Company cannot and does not guarantee or warrant that your use of the Company Platform will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), device(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s), device(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Company Platform. Company further disclaims any responsibility to ensure that any content, from Company or other users, located on or about the Company Platform is necessarily complete and up-to-date.
YOUR USE OF THE COMPANY PLATFORM OR ANY COMPONENT THEREOF IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPONENT OF THE COMPANY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE COMPANY PLATFORM OR ANY COMPONENT THEREOF OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT, COMPANY PLATFORM OR OTHER SERVICES PROVIDED BY COMPANY WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE TRANSACTION OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
21. INDEMNIFICATION
Under no circumstances will Company be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Agreements; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Agreement, its users or the public.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties providing or fulfilling services on behalf of Company and/or otherwise fulfilling Orders, their officers, directors, employees, agents and representatives (collectively “Indemnified Parties”) harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from (1) your breach of this Agreement or any provision hereof; (2) any allegation that any, content, Order, or communication that you submit to us or transmit to the Company Platform for any reason whatsoever, infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (3) any activities conducted by your or your user account while on or in connection with the Company Platform ( collectively the “Indemnifiable Conduct”). This indemnity will be applicable without regard to the negligence of any party, including any indemnified person. You agree that the Indemnified Parties will have no liability in connection with the Indemnifiable Conduct or any portion thereof. By accepting this Agreement you waive all rights not specifically set forth herein and agree to hold Company and the Indemnified Parties harmless from any claims resulting from any action taken by Company or the Indemnified Parties, or both, during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.
22. MISCELLANEOUS PROVISIONS
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Company Platform or any components thereof.
This Agreement constitutes the entire agreement between you and Company relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Company Platform. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Company Platform. Company may revise the terms of this Agreement at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Company Platform after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to Company at the following email address info@lotuslaundromat.com, unless such violation requires urgent communication, in which case please contact us at 1-862-231-2746. If you have any questions regarding this Agreement, please contact us at the contact information listed in the previous provision.