FREEDOM FROM LAUNDRY, LLC
Last Updated: October 2, 2019
Freedom From Laundry, LLC, a Georgia limited liability company (“Freedom From Laundry” or the “Company”), provides on-demand professional pick-up and delivery laundry services to customers in the Chattanooga, Tennessee and North Georgia area (the “Services”) offered through [Freedomfromlaundry.com] (the “Website”) or its mobile device application made available through [Apple Ap store, google play, android, etc.] (the “Mobile App” and together with the Services and the Website, the “Platform”).
You are hereby put on notice that you are obligated to periodically review the Website to make yourself aware of any changes hereto and any continued use of the Platform or any part thereof shall constitute your full acceptance of such changes.
To access the 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 Website. However, you will be unable to use the Services made available on the 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 Platform. It is a condition of your use of the Platform that all the information you provide will be correct, current, accurate and complete. If the Company believes the information you provide is not correct, current, accurate or complete, the Company has the right to deny, terminate and/or suspend your access to the 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 the Company. In the event your Orders have already been collected and/or dropped off by you, the Company reserves the right to return the items within your Order without fulfilling such Order. The Company assumes no responsibility for your inability to use the Platform, place Orders or use the Services provided on the Platform in the event your User Account is suspended or terminated.
You are responsible for any and all activities that occur under your User Account. You are solely responsible for maintaining the confidentiality and security of your User Account and any information provided in order to create or maintain it (i.e. username, passwords and/or passcodes). You must immediately notify the Company if your password or User Account has been lost, stolen, misappropriated, compromised or subject to unauthorized use. From time to time, the Company may require that you change your password.
The Platform enables users to customize Orders to be processed and fulfilled by the Company, make payment for Orders, and communicate with the Company regarding Orders and Order status for the Services.
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 inventory 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, the 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.
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.
The Services shall be provided by the Company. The 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 through your User Account. You are responsible for ensuring that your laundry is delivered safely to the Company. The Company is not liable, and shall not pay for, any loss, damage or theft of items unattended by you for the pick-up or delivery of your laundry. In the event the Company is to return your Order to you, you are responsible for providing us with the proper address for delivery. The Company disclaims any and all responsibility as it pertains to your Order once the Order has been delivered to the address provided by you. The 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 Platform, it will be considered that you have made a binding offer for the Company to fulfill such Order. If you miss the scheduled pickup and/or delivery time, you must coordinate with the Company to reschedule. [You may be subject to a missed pickup and/or delivery fee in the amount not more than [$_20.00_] if you fail to notify the Company more  hours prior to the scheduled delivery time and day. [MM Note: Confirm]]
Once your Order is processed through the Platform and accepted by The 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”).
The 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. The 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.
The Company reserves the right, in its sole discretion, to reject any Order for any reason at any time without advance notice to you.
Your laundry shall be placed inside a clothing or laundry bag (the “Laundry Bag”) for all pickup and delivery of your laundry. You agree not to include any of the following items inside the Laundry Bag (i) non-washable items, (ii) items that have been exposed to bed bugs, (iii) harmful items, or (iv) any other items not meant for the Services. You are responsible for any and all damage caused by any items left in the Laundry Bag that causes damage to the clothing of any other customer, employee, the machines, or any other property of the Company.
The Company provides high quality laundry services and shall use all reasonable precautions to avoid damage to items. The Company, however, is not liable for any damage due to normal laundering of items, cleaning of items without care instructions, for dry clean items placed inside the Laundry Bags, for special-processing items (delicate-wash, air-dry, stain-treatment) not placed in a separate bag, damage resulting from items left in the clothing, bleeding of colors, shrinking or any other alteration resulting from normal washing procedures. The Company shall use its best efforts to follow any reasonable instructions provided by you, including water or drying temperatures. The Company does not read cleaning instruction labels and is not responsible for special care items, such as dry clean only items, which are included in the Laundry Bag. Although the Company uses its best efforts to remove stains, stain removal is not guaranteed. The Company may refuse to clean any item at their sole discretion.
The Company will re-clean items that, in its sole discretion, were not properly cleaned and have not been worn since they were cleaned. The Company and its employees and/or subcontractors are not responsible for loss of or damage to any personal or non-cleanable items left in the Laundry Bags such as money, jewelry, or any other item. You agree not to leave such items in clothing or in the Laundry Bags.
You must contact the Company within 24 hours days of delivery of your laundered clothes 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: [FreedomFromLaundry@gmail.com]. Failure to report the missing or damaged item(s) within 24 hours shall remove any liability of the Company for the missing or damaged item.
The 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 The Company shall be responsible for compensating you no more than the value of the damaged item immediately prior to the occurrence of such damage.
The Company will provide a refund, up to [$50] per item with a maximum total reimbursement of [$200] per household/location. [You may provide proof of purchase, and if you are unable to provide proof of purchase the Company will issue a refund or credit for the value of that item using the National Fair Claims Guide from the International Fabricare Institute taking into account the average life, depreciation for the age, and the replacement cost for the item. If you are unable to document the age of the item, the Company reserves the right to limit the age of any item to one year. If no replacement cost is available, the Company reserves the right to use the replacement cost of a comparable item currently available.] The Company is not liable for any preexisting damage to items and reserves the right to return any item without cleaning it if any preexisting damage is found or if the Company is concerned about the color, age or weakness of the item’s fabric.
The 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).
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 Order 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.
You are required to adhere to the following standards of conduct while using the 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.
Use the Platform in a manner that indicates, either directly or indirectly, any partnership between you and the Company, endorsement of you, affiliation or opinion of you, your User Account, or your Orders.
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 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 Platform.
Attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Platform.
Use any part of the Platform to violate any applicable laws or use the Platform in a manner that may subject the 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 Platform, expose the Platform and/or its users to a cyber breach, or provide you or other parties gain unauthorized access to the Platform, other user accounts, or any other information provided on either or both.
Violate or infringe upon anyone else’s rights or otherwise cause harm (whether physical, mental or emotional) to anyone.
Use the 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 Platform in any manner that could in any way disable, overburden, damage, or impair the Platform or any components thereof, or otherwise interfere with any other party\'s use and enjoyment of the 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 Platform.
WHILE THE COMPANY EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT, AND THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK, AND THAT THE COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
The 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 the Company and the 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 the Company.
The Company is committed to protecting the security and confidentiality of information about you and your User Account. The Company may use several different security methods to protect your User Account, including, without limitation:
You may choose how you will pay for your Orders by selecting any of the payment methods authorized by the Company. Any and all payment methods available to you by the Company will be provided to you when you are creating your User Account.
By submitting a payment method to use, you hereby authorize the Company to use such payment method and charge such payment method for any and all Orders you make on the Platform.
Should you use a payment method or provide the Company with payment information that results in the inability of the 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 the 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. The Company is not responsible for the incompleteness or inaccuracies of any payment method as such information is solely your responsibility. Accordingly, the 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 the Company is otherwise unable to collect payment from you, the 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.
The Company may use third-party payment service providers which may carry additional fees when processing payments. The 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-party payment service provider.
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 Platform, any documentation of the Platform, and any copies thereof in any form. All rights not licensed hereunder are expressly reserved by the Company or such third parties which have provided the Company with a license for some or all of the Platform.
The 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 the Company with the sole authority to terminate your User Account and access to the Platform. The Company also reserves the right to terminate your access to any or all of the 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 Use Account, the Company will (a) if the Order has already been fulfilled, complete such Order and arrange for your pick-up 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, the Company shall complete the Order, arrange for your pick-up or the return of your items within the Order and retain all payments made for such Order.
Arbitration shall occur within Walker County in the State of Georgia, or any other location to which you and the Company mutually agree in writing.
The prevailing party of arbitration between you and the 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.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You understand that the Company cannot and does not guarantee or warrant that your use of the 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 Platform. The Company further disclaims any responsibility to ensure that any content, from the Company or other users, located on or about the Platform is necessarily complete and up-to-date.
YOUR USE OF THE 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. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPONENT OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE 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 THE 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 PLATFORM OR ANY COMPONENT THEREOF OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT, PLATFORM OR OTHER SERVICES PROVIDED BY THE COMPANY WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
THE 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE 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 THE 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.