Terms and Conditions Agreement
Effective: October 29, 2021
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND
CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LPS LLC, A VIRGINIA LLC,
ALSO KNOW AS www.LaundryPickUp.com AND ITS SUBSIDIARIES AND AFFILIATED ENTITIES (COLLECTIVELY, “LPS
LLC,” “WE,” “US,” OR “OUR”).
1. Acceptance of this Agreement
LPS LLC, provides an online marketplace connection, using web-based technology that connects you and
other consumers, Dry cleaners, and Laundromats and/or other businesses and independent delivery contractors
(“Contractors”). LPS LLC’s software permits consumers to place orders for Wash and
Fold and Dry-Cleaning services from various Dry cleaners and Laundromats, for delivery (the
“Software”). Once a delivery order is made, the Software notifies the services provider, the
service provided will review the order and has the option to accept or decline it. Once the service provider
has accepted the order, the software will notify Contractors that a delivery opportunity is available, and
the Software facilitates completion of the delivery from the consumer to the service provider. Once the
order has been delivered to the provided, the provider has the right to correct the order, to include but
not limited to changing quantities, changing weight, adding new items. These changes might result in
changes of the estimated charges, the customer agrees to these adjustments when originally placing the
order using this Software. The Software communicates with the customer regarding order status updates. LPS
LLC is not a Dry-Cleaners, a Laundromat, or a delivery service.
If you access our website located at
https://www.LaudryPickup.com/ and install or use our LPS LLC mobile application, install or use any other
software supplied by LPS LLC, or access any information, function, or service available or enabled by LPS
LLC (each, a “Service” and collectively, the “Services”), or complete the LPS LLC
account registration process, you, your heirs, assigns, and successors (collectively, “you” or
“your”) hereby represent and warrant that:
(a) you have read, understand, and agree
to be bound by this Agreement.
(b) you are of legal age in the jurisdiction in which you reside
to form a binding contract with LPS LLC; and
(c) you have the authority to enter into the
Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an
account and to bind such organization to the Agreement.
The terms “User” and
“Users” refer to all individuals and other persons who access or use the Services, including,
without limitation, any organizations that register accounts or otherwise access or use the Services through
their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be
bound by the Agreement, you may not access or use the Services.
2.
Modifications
Subject to Section 12(k) of this Agreement, LPS LLC reserves the right to
modify the terms and conditions of this Agreement or its policies relating to the Software or Services at
any time, effective upon posting of an updated version of this Agreement through the Services. You should
regularly review this Agreement, as your continued use of the Services after any such changes constitutes
your agreement to such changes.
3. Additional Terms and Policies
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the
collection, use, and disclosure of your personal information in accordance with LPS LLC’s Privacy
Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional LPS
LLC policies for Users that are published on our website or mobile application. Certain features of
our Services may be subject to additional terms and conditions, which are incorporated herein by
reference.
4. Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree
that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending
or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct
that harms other Users, LPS LLC employees, or our community.
(b) You will only use the Services in
accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third
party, including privacy or publicity rights.
(c) You will only access the Services using means
explicitly authorized by LPS LLC.
(d) You will not use another User’s account, impersonate any
person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content
transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance, or
inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for
any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to,
any Merchant/Provider, User or Contractor, unless LPS LLC has given you prior permission to do so in
writing.
(g) You will not copy or distribute the Software, or any content displayed through the
Services, including Providers’ services content and reviews, for republication in any format or
media.
(h) You will not compile, directly or indirectly, any content displayed through the Services
except for your personal, noncommercial use.
(i) The information you provide to us when you register an
account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such
information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You
will keep secure and confidential your account password or any identification credentials we provide you
which allows access to the Services.
(k) You will use the Software and Services only for your own use
and will not directly or indirectly resell, license, or transfer the Software, Services or content displayed
by the Services to a third party.
(l) You will not use the Services in any way that could damage,
disable, overburden or impair any LPS LLC server, or the networks connected to any LPS LLC server.
(m)
You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer
system, and/or network connected to any LPS LLC server.
(n) You will not probe, scan, or test the
vulnerability of any system or network or breach or circumvent any security or authentication measures LPS
LLC may use to prevent or restrict access to the Services or use of the Services or the content
therein.
(o) You will not deep-link to our websites or access our websites manually or with any robot,
spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or
monitor any portion of our websites or any content on our websites.
(p) You will not scrape or
otherwise conduct any systematic retrieval of data or other content from the Services.
(q) You will not
try to harm other Users, LPS LLC, or the Services in any way whatsoever.
(r) You will not engage in
threatening, harassing, racist, sexist or any other behavior that LPS LLC deems inappropriate when using the
Services.
(s) You will report any errors, bugs, unauthorized access methodologies or any breach
of our intellectual property rights that you uncover in your use of the Services.
(t) You will not
abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening
multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt
to undertake any of the foregoing.
In the event that we believe or determine that you have breached any
of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our
sole discretion.
5. Contractors and Providers Are Independent
You understand and agree that LPS LLC provides a technology platform connecting you with independent
Laundry/Dry cleaning service providers and others that provide the products offered through the Services
(“Providers”), and independent third-party contractors who provide delivery services
(“Contractors”). You acknowledge and agree that LPS LLC does not itself provide wash and fold or
dry-cleaning service or offer delivery services and has no responsibility or liability for the acts or
omissions of any Merchant/Provider or any Contractor. Merchant/Provider is the retailer; the services
offered by LPS LLC pursuant to this Agreement do not include any retail services or any laundry/dry-cleaning
services. LPS LLC is not in the delivery business nor is it a common carrier. LPS LLC provides a technology
platform facilitating the transmission of orders by Users to Providers for pickup or delivery by
Contractors. LPS LLC will not assess or guarantee the suitability, legality or ability of any Contractor or
Merchant/Provider. You agree that LPS LLC is not responsible for the Providers’ laundry/dry-cleaning
or the safety of the garments or whether the photographs or images displayed through the Services accurately
reflect the service by the Providers and/or delivered by the Contractor and does not verify Providers’
compliance with applicable laws or regulations. LPS LLC has no responsibility or liability for acts or
omissions by any Merchant/Provider or Contractor.
You agree that the services that you purchase
will be conducted by the Merchant/Provider you have selected. The Contractor will be directed by your
instructions to transport your garment to your designated delivery location. You agree that neither the
Contractor nor LPS LLC holds title to or acquires any ownership interest in any of you gourmets that you
send for servicing through the Services.
6. User Account
You may be required to register for an account to use parts of the Services. You must provide accurate,
current, and complete information during the registration process and at all other times when you use the
Services, and to update the information to keep it accurate, current, and complete. You are the sole
authorized user of any account you create through the Services. You are solely and fully responsible for all
activities that occur under your password or account. You agree that you shall monitor your account to
prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or
your account. You may not authorize others to use your User status, and you may not assign or otherwise
transfer your User account to any other person or entity. Should you suspect that any unauthorized party may
be using your password or account, you will notify LPS LLC immediately. LPS LLC will not be liable, and you
may be liable for losses, damages, liability, expenses, and fees incurred by LPS LLC or a third party
arising from someone else using your account, regardless of whether you have notified us of such
unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or
LPS LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or
incomplete, LPS LLC 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). We may enable or require you to use a single pair of
login credentials to use the LPS LLC and/or Caviar services. You agree not to create an account or use the
Services if you have been previously removed by LPS LLC, or if you have been previously banned from use of
the Services.
7. User Content
(a) User Content. LPS LLC may provide you with interactive opportunities through the Services,
including, by way of example, the ability to post User ratings and reviews (collectively, “User
Content”). You represent and warrant that you are the owner of, or otherwise have the right to
provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further
represent and warrant that any User Content that you submit, post and/or otherwise transmit through the
Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade
secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii)
does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any
material that is unlawful; (iv) does not violate any law or regulation; and (v) does not violate this
Agreement. You hereby grant LPS LLC a perpetual, irrevocable, transferable, fully paid, royalty-free,
non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify,
remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User
Content in connection with LPS LLC’s business and in all forms now known or hereafter invented
(“Uses”), without notification to and/or approval by you. You further grant LPS LLC a license to
use your username, first name and last initial, and/or other User profile information, including without
limitation, your ratings history, to attribute User Content to you in connection with such Uses, without
notification or approval by you. You agree that this license includes the right for other Users to access
and use your User Content in conjunction with participation in the Services and as permitted through the
functionality of the Services. In the interest of clarity, the license granted to LPS LLC herein shall
survive termination of the Services or your account. LPS LLC reserves the right in its sole discretion to
remove or disable access to any User Content from the Services, suspend or terminate your account at any
time, or pursue any other remedy or relief available under equity or law if you post any User Content that
violates this Agreement or any community or content guidelines we may publish or that we consider to be
objectionable for any reason. You agree that LPS LLC may monitor and/or delete your User Content (but does
not assume the obligation) for any reason in LPS LLC’s sole discretion. LPS LLC may also access, read,
preserve, and disclose any information as LPS LLC reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including
investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or
technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of LPS
LLC, its Users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions,
and/or proposals to LPS LLC through contactus@laundrypickup.com is at your own risk and that LPS LLC has no
obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to
LPS LLC a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully
sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate,
create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the
extent that you are asked to rate and post reviews of Providers or other businesses (“Ratings”
and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this
Agreement. Ratings and Reviews are not endorsed by LPS LLC and do not represent the views of LPS LLC or its
affiliates. LPS LLC shall have no liability for Ratings and Reviews or for any claims for economic loss
resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with
respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i)
you will base any Rating or Review on first-hand experience with the Merchant/Provider or business; (ii) you
will not provide a Rating or Review for any Merchant/Provider or business for which you have an ownership
interest, employment relationship or other affiliation or for any of that company’s competitors; (iii)
you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a
Merchant/Provider or business; (iv) any Rating or Review you submit will comply with the Federal Trade
Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your
Rating or Review will comply with the terms of this Agreement. If we determine, in our sole discretion, that
any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this
Agreement, we may remove such User Content without notice.
8. Communications with
LPS LLC
By creating a LPS LLC account, you electronically agree to accept and receive communications from LPS
LLC, Contractors, or third parties providing services to LPS LLC including via email, text message, calls,
and push notifications to the cellular telephone number you provided to LPS LLC. You understand and agree
that you may receive communications generated by automatic telephone dialing systems and/or which will
deliver prerecorded messages sent by or on behalf of LPS LLC, its affiliated companies and/or Contractor,
including but not limited to communications concerning orders placed through your account on the Services.
Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other
communications, you may change your notification preferences by accessing Settings in your account. To opt
out of receiving promotional text messages from LPS LLC, you must reply “STOP” from the mobile
device receiving the messages. For purposes of clarity, delivery text messages between you and Drivers are
transactional text messages, not promotional text messages.
9. E-SIGN
Disclosure
By creating a LPS LLC account, you also consent to the use of an electronic record to document your
agreement. You may withdraw your consent to the use of the electronic record by emailing LPS LLC at
contactus@laundrypickup.com with “Revoke Electronic Consent” in the subject line.
To view
and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a
web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper
copy, or to update our records of your contact information, email LPS LLC at contactus@laundrypickup.com
with contact information and your mailing address.
10. Intellectual Property
Ownership
LPS LLC alone (and its licensors, where applicable) shall own all right, title and interest, including
all related intellectual property rights, in and to the Software and the Services. This Agreement is not a
sale and does not convey to you any rights of ownership in or related to the Software or the Services, or
any intellectual property rights owned by LPS LLC. LPS LLC names, LPS LLC logos, and the product names
associated with the Software and Services are trademarks of LPS LLC or third parties, and no right or
license is granted to use them. You agree that you will not remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or
the Services.
11. Payment Terms
(a) Prices & Charges. You understand that: (a) the prices for services or other items displayed
through the Services may differ from the prices offered or published by Providers for the same services or
other items and/or from prices available at third-party websites and that such prices may not be the lowest
prices at which the services or other items are sold; (b) LPS LLC has no obligation to itemize its costs,
profits or margins when publishing such prices; and (c) LPS LLC reserves the right to change such prices at
any time, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that
may be higher or lower depending provider’s review of the garment when it arrives to the
provider’s location and the final total will be updated. In those situations, LPS LLC reserves the
right to charge your payment method the final price after checkout. You are liable for all transaction taxes
on the Services provided under this Agreement (other than taxes based on LPS LLC’s income). In the
event that the charge to your payment method may incorrectly differ from the total amount, including
subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, LPS LLC
reserves the right to make an additional charge to your payment method after the initial charge so that the
total amount charged is consistent with the times sent for service. All payments will be processed by LPS
LLC or its payments processor, using the preferred payment method designated in your account. If your
payment details change, your card provider may provide us with updated card details. We may use these new
details or details from other cards on file in order to help prevent any interruption to your Use of the
Services. If you would like to use a different payment method or if there is a change in payment method,
please update your billing information.
(b) No Refunds. Charges paid by you for completed and delivered
orders are final and non-refundable. LPS LLC has no obligation to provide refunds or credits, but may grant
them, in each case in LPS LLC’s sole discretion.
(c) Promotional Offers and Credits. LPS LLC, at
its sole discretion, may make promotional offers with different features and different rates to any User.
These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users
as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience,
for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any
manner, or made available to the general public, unless expressly permitted by LPS LLC; (iii) are subject to
the specific terms that LPS LLC establishes for such promotional offer; (iv) cannot be redeemed for cash or
cash equivalent; and (v) are not valid for use after the date indicated in the offer or in LPS LLC’s
Terms and Conditions for Promotional Offers and Credits. LPS LLC reserves the right to withhold or deduct
credits or benefits obtained through a promotion if LPS LLC 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 terms or this Agreement. LPS LLC reserves the right to modify or cancel an offer at any
time. You agree that we may change LPS LLC’s Terms and Conditions for Promotional Offers and Credits
at any time. LPS LLC may also offer gratuitous credits, which can be used for the Services. Any credit
issued by LPS LLC is valid for 6 months from the date of issue except to the extent prohibited under
applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed
from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits
issued through a User’s LPS LLC and Caviar account may only be redeemed through that respective
brand’s Services.
(d) Fees for Services. LPS LLC may change the fees for our Services as we deem
necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Minimum
Order Fees, and Surge Fees. LPS LLC may also charge Providers fees on orders that you place through
the Services, including commissions and other fees, and may change those Merchant/Provider fees as we deem
necessary or appropriate for our business or to comply with applicable law.
(e) Referral Program.
Under the Referral Program, LPS LLC offers its registered Users in good standing the opportunity to
earn gratuitous LPS LLC credits as promotional rewards by inviting their eligible friends to register as new
LPS LLC Users and place their initial order through the Services by using a unique referral ID link
(“Personal Link”). For each Qualified Referral (as defined in the Referral Program) generated
through a User’s Personal Link, the User may receive a gratuitous credit as specified on LPS
LLC’s Referral Program page. You agree that we may change the terms and conditions of the Referral
Program or terminate the Referral Program at any time.
SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH
OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE
EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL,
WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK
RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK
RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT
YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE
INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND
HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
12. Dispute Resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT
REQUIRES YOU TO ARBITRATE DISPUTES WITH LPS LLC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS
SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(a) Scope
of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of
the Services as a User of the Services, to any advertising or marketing communications regarding LPS LLC or
the Services, to any products or services sold or distributed through the Services that you received as a
User of our Services, or to any aspect of your relationship or transactions with LPS LLC as a User of our
Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert
claims in small claims court if your claims qualify, so long as the matter remains in such court and
advances only on an individual (non-class, non-representative) basis; and (2) you or LPS LLC may seek
equitable relief in court for infringement or other misuse of intellectual property rights (such as
trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement
shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this
Agreement.
CASES HAVE BEEN FILED AGAINST LPS LLC—AND OTHERS MAY BE FILED IN THE FUTURE—THAT
ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO
PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH LPS LLC, YOU ARE AGREEING IN ADVANCE THAT
YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE,
AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST LPS
LLC IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR
OTHER RELIEF BY AN ARBITRATOR.
(b) Informal Resolution. You and LPS LLC agree that good-faith informal
efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and
LPS LLC therefore agree that, before either you or LPS LLC demands arbitration against the other, we will
personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally
any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may
participate in the conference, but you shall also fully participate in the conference. The party initiating
the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal
dispute resolution conference, which shall occur within 60 days after the other party receives such notice,
unless an extension is mutually agreed upon by the parties. To notify LPS LLC that you intend to initiate an
informal dispute resolution conference, email Contactus@laundrypickup.com, providing your name, telephone
number associated with your LPS LLC account (if any), the email address associated with your LPS LLC
account, and a description of your claim. In the interval between the party receiving such notice and the
informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating
party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be
fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines
shall be tolled while the parties engage in the informal dispute resolution process required by this
paragraph.
(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal
Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the
FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall
apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to
initiate arbitration and certifying completion of the informal dispute resolution conference to
contactus@laundrypickup.com.
(d) Arbitrator Powers. The arbitrator, and not any federal, state, or
local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any
claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the
payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies
for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will
decide the rights and liabilities, if any, of you and LPS LLC. Except as expressly agreed to in Section
12(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or
joined with any other proceedings or parties. The arbitrator will have the authority to grant motions
dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an
individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual
under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration
Agreement). The arbitrator will issue a written statement of decision describing the essential findings and
conclusions on which any award (or decision not to render an award) is based, including the calculation of
any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect
in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the
applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in
a court of law would have. The arbitrator’s decision is final and binding on you and LPS LLC.
(e)
Waiver of Jury Trial. YOU AND LPS LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND
RECEIVE A JUDGE OR JURY TRIAL. You and LPS LLC are instead electing to have claims and disputes resolved by
arbitration, except as specified in Section 12(a) above. There is no judge or jury in arbitration, and court
review of an arbitration award is limited.
(f) Waiver of Class or Consolidated Actions. EXCEPT AS
EXPRESSLY AGREED TO IN SECTION 12(G) OF THIS AGREEMENT, YOU AND LPS LLC AGREE TO WAIVE ANY RIGHT TO RESOLVE
CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL
CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS
AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 12(G). CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER
OR USER EXCEPT AS SET FORTH IN SECTION 12(G). If, however, this waiver of class or consolidated actions is
deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor LPS LLC is
entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be
resolved in a court as set forth in Section 20. This provision does not prevent you or LPS LLC from
participating in a class-wide settlement of claims.
(g) Batch Arbitrations. To increase efficiency of
resolution, in the event 100 or more similar arbitration demands against LPS LLC, presented by or with the
assistance of the same law firm or organization, are submitted to an arbitration provider selected in
accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group
the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are
less than 100 arbitration demands left over after the batching described above, a final batch consisting of
the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set
of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good
faith with LPS LLC and the arbitration provider to implement such a batch approach to resolution and
fees.
(h) Opt Out. LPS LLC’s updates to these Terms and Conditions do not provide a new
opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a
version of LPS LLC’s or Caviar’s Terms and Conditions and did not validly opt out of
arbitration. LPS LLC will continue to honor the valid opt outs of customers or Users who validly opted out
of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a customer or User
who creates a LPS LLC or Caviar account for the first time on or after November 10, 2020, you may opt out of
this Arbitration Agreement. If you do so, neither you nor LPS LLC can force the other to arbitrate as a
result of this Agreement. To opt out, you must notify LPS LLC in writing no later than 30 days after first
becoming subject to this Arbitration Agreement. Your notice must include your name and address, your LPS LLC
username (if any), the email address you currently use to access your LPS LLC account (if you have one), and
a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice
to: contactus@laundrypickup.com. If you opt out of this Arbitration Agreement, all other parts of this
Agreement will continue to apply to you.
(i) No Effect on Independent Contractor Agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE,
AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND LPS LLC RELATING TO YOUR WORK AS AN
EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT
GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF
THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 12 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES
COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH LPS LLC.
(j) Survival. This Arbitration Agreement
will survive any termination of your relationship with LPS LLC.
(k) Modification. Notwithstanding
any provision in the Agreement to the contrary, we agree that if LPS LLC makes any future material change to
this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided
notice of to LPS LLC.
13. Third-Party Interactions.
(a) Third-Party Websites, Applications and
Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”)
and applications (“Third-Party Applications”) and advertisements (“Third-Party
Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you
click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, LPS LLC will
not warn you that you have left LPS LLC’s website or Services and will not warn you that you are
subject to the terms and conditions (including privacy policies) of another website or destination. Such
Third-Party Websites & Advertisements are not under the control of LPS LLC. LPS LLC is not responsible
for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. LPS LLC does not
review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party
Websites & Advertisements, or their products or services. You use all links in Third-Party Websites
& Advertisements at your own risk. You should review applicable terms and policies, including privacy
and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever
investigation you feel necessary or appropriate before proceeding with any transaction with any third
party.
(b) App Stores. You acknowledge and agree that the availability of the Software and the Services
is dependent on the third party from which you received the application license, e.g., the Apple iPhone or
Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you
and LPS LLC and not with the App Store. LPS LLC, not the App Store, is solely responsible for the Software
and the Services, including the mobile application(s), the content thereof, maintenance, support services
and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance
or intellectual property infringement). In order to use the Software and the Services, you must have access
to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all
fees (if any) charged by the App Store in connection with the Software or the Services. You agree to comply
with, and your license to use the Software and the Services is conditioned upon your compliance with, all
applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the
Software or the Services. You represent and warrant that you are not located in a country that is subject to
a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country, and you represent and warrant that you are not listed on any U.S. Government list
of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is
an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions
of this Agreement.
14. Social Media Guidelines.
LPS LLC maintains certain social
media pages for the benefit of the LPS LLC community. By posting, commenting, or otherwise interacting with
these pages, you agree to abide by our Social Media Community Guidelines.
15. Indemnification
You agree to indemnify and hold harmless LPS LLC and its officers, directors, employees, agents and
affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs,
damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses,
that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User
Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any
representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules
or regulations through or related to the use of the Software or Services. In the event of any claim,
allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section,
you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’
fees incurred by the Indemnified Party. LPS LLC reserves the right, at its own cost, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with LPS LLC in asserting any available defenses. This provision does not require you to indemnify
any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s
negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of
any material fact in connection with the Software or Services. You agree that the provisions in this section
will survive any termination of your account, this Agreement, or your access to the Software and/or
Services.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND
SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE
MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANT/PROVIDERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LPS LLC MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT
MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR
LINKS.
LPS LLC DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE
SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR
SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, LPS LLC SHALL NOT BE RESPONSIBLE
FOR THOSE ECONOMIC COSTS.
18. Internet Delays
The Software and Services may be subject to limitations, delays, and other problems inherent in the use
of the Internet and electronic communications. Except as set forth in LPS LLC’s Privacy Policy or as
otherwise required by applicable law, LPS LLC is not responsible for any delays, delivery failures, or
damage, loss or injury resulting from such problems.
19. Breach And Limitation of
Liability
(a) General. You understand and agree that a key element of the Services and this Agreement is your and
our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low
cost. You understand and agree to the limitations on remedies and liabilities set forth in this
Section 19 to keep the Software and Services simple and efficient, and costs low, for all Users.
(b)
Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, LPS LLC’S AGGREGATE LIABILITY SHALL NOT
EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO LPS LLC IN THE ONE (1) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
(c) Disclaimer of Certain Damages. TO
THE FULLEST EXTENT OF LAW, LPS LLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL
INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC
ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES
FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY LPS LLC’S FRAUD OR FRAUDULENT
MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW
JERSEY.
20. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both
you and LPS LLC agree that all claims and disputes arising out of or relating to the Agreement will be
litigated exclusively in the state or federal courts located in San Francisco County if you are a California
citizen or resident, and in the United States District Court for the District in which you reside if you are
not a California citizen or resident.
21. Termination
If you violate this Agreement, LPS LLC may respond based on a number of factors including, but not
limited to, the egregiousness of your actions and whether a pattern of harmful behavior
exists.
In addition, at its sole discretion, LPS LLC may modify or discontinue the Software or
Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason,
with or without notice to you and without liability to you or any third party. In addition to suspending or
terminating your access to the Software or the Service, LPS LLC reserves the right to take appropriate legal
action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right
to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All
provisions which by their nature should survive to give effect to those provisions shall survive the
termination of this Agreement.
22. Procedure for Making Claims of Copyright
Infringement.
It is LPS LLC’s policy to terminate membership privileges of any User who repeatedly infringes
copyright upon prompt notification to LPS LLC by the copyright owner or the copyright owner’s legal
agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the
following information: (a) an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been
infringed; (c) a description of the location on the Services of the material that you claim is infringing;
(d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a
statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact
information for LPS LLC’s Copyright Agent for notice of claims of copyright infringement is as
follows: General Counsel, LPS LLC, 303 2nd St, Suite 800, San Francisco, CA
94107.
23. General
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship
exists between you, LPS LLC or any third-party provider as a result of this Agreement or use of the Software
or Services.
(b) Choice of Law. This Agreement is governed by the laws of the State of Delaware
consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the
application of the law of any other jurisdiction.
(c) Severability. Except as otherwise provided in
this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision
shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full
force and effect.
(d) Consumer Complaints. In accordance with California Civil Code § 1789.3, you
may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA
95814, or by telephone at (800) 952-5210.
(e) Accessing and Downloading the Application from iTunes.
The following applies to any Software accessed through or downloaded from the Apple App Store (an “App
Store Sourced Application”):
(1) You acknowledge and agree that (i) the Agreement is concluded
between you and LPS LLC only, and not Apple, and (ii) LPS LLC, 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.
(2) You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) 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 refund the purchase price, if any, for the App Store Sourced Application to you
and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with
respect to the App Store Sourced Application. As between LPS LLC 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 LPS LLC.
(4) You and LPS LLC acknowledge that, as between LPS LLC 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.
(5) You and LPS LLC 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 LPS LLC and
Apple, LPS LLC, 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 the Terms.
(6)
You and LPS LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon
your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to
have accepted the right) to enforce the Terms as related to your license of the App Store Sourced
Application against you as a third-party beneficiary thereof.
(7) Without limiting any other terms of
the Terms, you must comply with all applicable third-party terms of agreement when using the App Store
Sourced Application.
(f) Notice. Where LPS LLC requires that you provide an e-mail address, you are
responsible for providing LPS LLC with your most current e-mail address. In the event that the last e-mail
address you provided to LPS LLC is not valid, or for any reason is not capable of delivering to you any
notices required or permitted by this Agreement, LPS LLC’s dispatch of the e-mail containing such
notice will nonetheless constitute effective notice. You may give notice to LPS LLC through the following
web form: contactus@laundrypickup.com. Such notice shall be deemed given on the next business day after such
e-mail is actually received by LPS LLC.
(g) Electronic Communications. For contractual purposes, you
(1) consent to receive communications from LPS LLC in an electronic form; and (2) agree that all terms and
conditions, agreements, notices, disclosures, and other communications that LPS LLC provides to you
electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
You agree to keep your contact information, including email address, current. This subparagraph does not
affect your statutory rights.
(h) Transfer and Assignment. This Agreement, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned by LPS LLC without
restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement
binds and inures to the benefit of each party and the party’s successors and permitted
assigns.
(i) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the
parties with respect to the subject matter hereof and supersedes and merges all prior discussions between
the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend,
or modify the terms of any separate agreement(s) between you and LPS LLC relating to your work as an
employee or independent contractor, including, without limitation, any Independent Contractor Agreement
governing your efforts as a Contractor.
24. Contact Information
LPS LLC welcomes your questions or comments regarding the Terms:
LPS LLC,
Help Form:
contactus@laundrypickup.com