Terms of Use

WASH Multifamily Laundry Systems

Website Terms of Use

Effective: September 7, 2017    Last Updated: January 18, 2019

 

Your use of the website and WASH mobile application (the “App”) on which these terms reside (collectively, the “Site“), and the features at this Site are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Site.  The Site is owned or controlled by WASH Multifamily Laundry Systems, LLC, a California limited liability company (“WASH,” or “we” or “us”). These Terms only apply to this Site and not to any other website, product, service or program.

By accessing this Site in any way, including, without limitation, browsing or using this Site, using any information, and/or submitting information to WASH, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms“), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law.

From time to time we may update this Site and these Terms.  Your use of this Site, including the downloading, installing, or using the App, after we post any changes to these Terms constitutes your agreement to those changes.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version.  WASH may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, PLEASE STOP USING THE SITE AND UNINSTALL THE APP IMMEDIATELY. You agree that you do not have any rights in this Site and that WASH will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

  1. Services

WASH provides you use of the Site under the terms and conditions of these Terms to allow mobile payments for laundry room machines and related services, provide a portal for our concierge service, and facilitate resident services (collectively, “Services”) at participating locations owned, controlled, leased, and/or operated by WASH.

  1. Eligibility

This Site is not intended or targeted for use by anyone under the age of 13. You must be at least 13 years of age to access and use the Site. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Site.

  1. User Account and Account Security

You will need to create and register for an account to use certain functionality and features of the Site and the Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You must provide accurate, truthful, current and complete Account Information and promptly update this information if it changes.

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WASH is not responsible for third-party access to your account that results from theft or misappropriation of your account. WASH and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content associated with your account in our sole discretion. We may cancel your account and delete any content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.  WASH assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

  1. User License

Subject to these Terms, WASH grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the Site, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the Site (“WASH Content”), for personal non-commercial use in connection with the Services. This license does not include any right to, and you will not: (a) sell, resell or commercially use the Site or WASH Content; (b) copy, reproduce, distribute, publicly perform or publicly display the Site or WASH Content; (c) modify the Site or WASH Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site or WASH Content; (d) use any data mining, robots or similar data gathering or extraction methods on the Site; (e) use the Site in any way that infringes on any person or entities’ intellectual property rights; and (f) use the Site or WASH Content other than for their intended purposes. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact WASH at the information listed below in Section 20.

The Site is protected by the copyright laws of the United States, international treaties and conventions, and other laws, and WASH retains all right, title, and interest in and to the Site, including all intellectual property rights associated with the Site. Except as expressly granted above, you have no intellectual property rights in the Site (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and WASH reserves all rights not expressly granted to you.

  1. Account Balances

You need to have a positive account balance in order to use the Site with the Services. WASH uses a third-party processor that will enable you to fund your WASH account via the Site. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be handled solely by such third-party processor. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.

  1. Payments

You can use your mobile device to pay for the Services using the Site. In doing so, WASH will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. WASH reserves the right to change the fees for the Services at any time.

  1. Email Communications, Push Notifications

When you sign up for an Account, you are, by default, opted in to receive email communications from WASH. You may opt out of receiving email communications in accordance with WASH’s Privacy Policy. Upon download of the App, your ability to receive push notifications on your device may be enabled. This may include promotional communications, offers, and system messages pushed to the device.

  1. Privacy

How WASH collects, uses, and discloses information you provided via the Site, including your Account Information, will be governed by the WASH Privacy Policy located at https://www.wash.com/privacy-policy/, which is hereby incorporated by reference.

  1. Prohibited Conduct

You agree to use the Site in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Site. In connection with your use of the Site and the Services, you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Impersonate another person or log into an account which you are not authorized to access;
  • Use or attempt to use another User’s account without authorization from that User and WASH;
  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the Site and the Services or that could damage, disable, or impair the functioning of the Site and the Services in any manner, including with respect to WASH’s network or network security;
  • Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
  • Reverse engineer, decompile, or disassemble any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site;
  • Collect or store personal information about other users;
  • Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communications; or
  • Develop or use any third-party applications that interact with the Site or Services without our prior written consent, including any scripts designed to scrape or extract data from the Site.
  1. Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about WASH, the Site or Services (collectively, “Feedback”), is non-confidential and will become the sole property of WASH. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless WASH, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with WASH in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees).  You also agree that WASH will have sole control of the defense or settlement of any Claims.

  1. Disclaimers and Limitation of Liability

WASH makes no representations about the reliability of the features of this Site, the WASH Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. WASH makes no representations regarding the amount of time that any WASH Content will be preserved.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WASH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WASH BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WASH’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WASH OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ALLOWABLE BY LAW.

IN NO EVENT will wash’s total liability TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM or related to THEse TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, fifty dollars ($50.00). BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN those JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

The failure of WASH to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of WASH, shall not be deemed a breach of these Terms.

If WASH fails to act with respect to your breach or anyone else’s breach on any occasion, WASH is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

  1. Third-Party Websites

This Site may hyperlink to sites not maintained by or related to WASH. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or WASH, and we make no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and WASH has no control over how your information is collected, used, or otherwise handled.

  1. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with WASH and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or WASH seek to bring an individual action in small claims court, you and WASH waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Los Angeles, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available at www.jamsadr.com and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and WASH agree that any dispute arising out of or related to these Terms is personal to you and WASH and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and WASH agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law.  All disputes between WASH and you will be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, consolidate more than one individual’s claims, or preside over any proceeding involving more than one individual, all of which are prohibited by these Terms. You and WASH agree that for any arbitration you initiate, you will pay the filing fee and WASH will pay the remaining JAMS fees and costs.  For any arbitration initiated by WASH, WASH will pay all JAMS fees and costs.  You and WASH expressly agree that the state and federal courts of Los Angeles County shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and WASH will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by sending a written letter to WASH Multifamily Laundry Systems, Attn: Legal, 100 N. Sepulveda Blvd., 12th Floor, El Segundo, CA 90245, that specifies (i) your name, (ii) mailing address, and (iii) your request to be excluded from final, binding arbitration procedure specified above. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.

  1. Governing Law and Venue

These Terms and your access to and use of the Site will be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state and federal courts of Los Angeles County, California.

  1. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the Site and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or provide notice through the App. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Site after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Site.

  1. Electronic Communications

By creating a WASH account, you also consent to receive electronic communications from WASH (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

  1. Termination

If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the Site. We are not responsible for any loss, damage or harm related to your inability to access or use the Site based on such termination.

  1. General Provisions

These Terms constitute the entire agreement between you and WASH relating to your access to and use of the Site. The failure of WASH to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  1. Contact

If you have any questions regarding the Site, WASH Content and/or these Terms, you can contact us at info@washlaundry.com or 800.421.6897.

 

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