LICENSEE MEMBERSHIP TERMS OF USE AND SERVICE
AGREEMENT
By becoming a Member/Licensee (referred hereinafter as either a “Member” or “Licensee”) and using Laundry Ladies (the “Company”) website, you agree to be bound by these Terms of Use and Service Agreement which include our Privacy Policy, our General Terms of Service, and our Website Use Policy (jointly referred to as this “Agreement” and/or “Terms and Conditions”). The term “website” is deemed to refer to using of the Service by means of a computer, tablet, or other mobile or electronic device. “Service” as used herein is defined as follows:
• The creation of your own membership personal/business profile page for use in marketing your own laundry service business (“Laundering Service”) to third-party non-commercial customers interested in washing, laundry and/or ironing in their geographic area (“Customers” or “customer”).
• Use of the invoicing software which creates personalized/individualized invoices, tracks invoices, allows you to electronically provide invoices to your Customers, and allows Customers to pay said invoices electronically.
• A Laundry Lady Licensee email address.
• Merchant account services allowing your customers to pay via credit card through the secured software platforms.
• Preparation and mailing of a 1099 on behalf of member to the Company on an annual basis for federal tax purposes reflecting the consideration paid in the form of the subscription fee from Member to Company under the terms of this Agreement.
• Once you are a Licensed Laundry Lady, your profit will be: 70% of all fully paid invoices. You get to determine your own pricing standards for your own independent business.
Acceptance of Terms of Use and Service Agreement.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the website and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who participates in the Service in any manner. You acknowledge and agree that Members may be part of an online community that includes other websites owned by the Company or its affiliates. Therefore, profiles on the website may be viewable on other such website and users of one website may be able to communicate with other paying subscribers on all websites. By accessing the website, using the Service, or by registering, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Service. You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the website. By using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account
Eligibility.
You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the website or Service.
Membership and Subscription.
When you register as a Member you are required to become a paying subscriber to the Service. As a Member, you may use all of the features and services available within the Service. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. A Member profile may remain posted on the website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber), be able to use the Service to communicate with that Member if she is not then actively using the Service. The subscription fee is as follows: For each and every client/customer order generated and paid upon by and through this Service by you, the Company shall be paid thirty percent (30%) of the gross income generated (the “Fee”). Notwithstanding anything herein to the contrary, in no event will the Fee due and owing to the Company be less than $7.00. Except any Monthly Fee due under the Non-Exclusive and Limited Licensing Agreement in consideration for the Permissive Use of the Licensed Property as defined therein, this Fee shall constitute the full consideration due and owing by Member to Company in exchange for the membership and Service provided and shall be paid to the Company automatically utilizing the software and invoicing function that is part of the Service.
Term and Termination.
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may change or cancel your membership at any time, for any reason. A hold can be put on your Membership & Limited Licensing Fee ($40.00) up to 3 months. After the 90 days, your Limited Licensing Fee ($40.00) will automatically reinstate, until such time as you submit in writing your intent to cancel your Limited Licensing Agreement and Membership. If you cancel your subscription, the Company requires a reasonable amount of time to process the action that is estimated to be at least thirty (30) calendar days from your formal cancellation. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of any subscription fees paid for the then-current subscription commitment.
The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees if any and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Account Security.
You are responsible for maintaining the confidentiality of the username and password designated to you during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session.
Your Interactions with Other Members.
AS AN INDEPENDENT BUSINESS OWNER, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
The Company is not responsible for the conduct of any Member. As noted in and without limiting other terms of this Agreement below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, including the use of. credit card or bank account information), or wire or otherwise send money, to other Members.
Tax, License and Insurance
Any price indicated on the website or for the Service is stated exclusive of any applicable sales tax. Member using such Service shall be responsible for paying any and all taxes, if any, according to any IRS regulations and all state, county, and city ordinances and laws where a Member’s independent business may operate. Members are also responsible for obtaining any relevant business licenses and registrations to open and operate their own independent businesses from applicable state, city, and/or county governing bodies. Further, Members are responsible for their own automobile insurance and for informing their respective carriers that they may/will be using their personal vehicle for work purposes. Nothing in this Agreement shall create any relationship between Company and Member that constitutes an employee/employer relationship nor joint venture nor partnership. Company is providing a service under the terms of this Agreement for the Member as an outside third-party vendor only. No other legal, tax, employment, or business relationship is expressly or implicitly created by this Agreement.
Proprietary Rights.
Third parties other than the Company own and retains all proprietary rights in the website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the website or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Subscriptions; Charges on Your Billing Account.
The Company bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “Account Settings” on the website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at “Account Settings” on the website. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer
Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the website or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the website or the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the website or Service.
Customers and Disputes with Customers.
Your Membership is for the purposes of you obtaining Customers for your Laundering Services, but there is no guarantee of obtaining any Customers by the use of this Service. All information regarding Customers is Confidential Information owned by the Company. You are not to use or disclose this Confidential Information to anyone or any entity without the written approval of the Company beforehand. Any unauthorized use of such Confidential Information is a breach of this Agreement that will result in the immediate termination of your Membership and may result in potential legal action against you by the Company that could result in an injunction being issued against you, money damages, or both. You are to communicate with Customer only through the Service. Any communications with Customers to avoid the payment of the Fee due under your Membership and for the use of this Service is a breach of this Agreement and will result in the immediate termination of your Membership and may result in potential legal action against you by the Company that could result in an injunction be issued against you, money damages, or both. After termination of your Membership you are not to use the Confidential Information of the Company, including contacting Customers. Such contacting of Customers by you may result in potential legal action against you by the Company that could result in an injunction being issued against you, money damages, or both.
In the event, there is any complaint and/or dispute between you and any Customer, it is your responsibility as the business owner of your Laundering Service to find an amicable resolution to the Customer’s complaint and/or dispute. In the event that you are considering providing a Customer a full or partial refund for a payment already processed by and through interactive platform, you will need to contact the Company before making such agreements, so arrangements can be made to process such a refund.
Laundry Ladies, Inc. reserves the right to always collect and keep the 30% Membership fee of all laundry service invoices.
As the Licensee, you reserve the right to offer your customer up to 70% of the total invoice (but not required to refund all of the 70%). If you refund the entire 70% of the total invoice to your customer, your profit will be $0 for that particular invoice.
In the event that your customer paid cash (not credit card), it is your responsibility as the business owner of your Laundering Service to complete the refund out of your cash funds. Laundry Ladies, Inc. will still deduct the original 30% Membership fee from your final monthly check total based off of your originally submitted invoice.
In the event, a customer charges back a credit card payment, stops payment on a check or a check is returned for insufficient funds; Licensee’s that have already been paid out for said invoice(s), agree to make every effort to collect all funds due from said customer. If Licensee is unable to collect the payment within 30 days from the delinquent customer, the Licensee and Laundry Ladies, Inc. agree to split the loss 50/50 on the total invoice due. In turn, Licensee agrees to pay out of pocket 50% of the total unpaid invoice to Laundry Ladies, Inc
Disclaimers.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the App or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE APP OR IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR APP
From time to time, the Company may communicate to Members third party opinions, suggestions, advice, statements, offers, or other third-party information or content available on the website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.
In addition to the preceding paragraph and other provisions of this Agreement, any suggestions, information, and/or advice that may be posted on the website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website or Service. Company is NOT directing or requiring that any Member operate its business in any particular fashion or charge any particular price. Member acknowledges it operates an independent business venture from that of Company. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Privacy Policy
By agreeing to become a Member under this Agreement, you acknowledge you have read and are agreeing to be bound by the Privacy Policy found at the following link, Privacy Policy.
Links.
The website may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the websites or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Arbitration and Governing Law.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the website shall be BINDING ARBITRATION administered by the American Arbitration Association and the place of the ARBITRATION will be San Diego, California. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court in San Diego County, California, you may not under any circumstances commence or maintain against the Company in any other Court, in any class action, in class arbitration, or other representative action or proceeding.
By using the website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement or arising from this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, including collection activity, in addition to any other relief to which it may be entitled.
Force Majeure
The Company will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.
Waiver, Release & Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the website or as a result of the Service, and the violation of any law or regulation by you. Further, You agree to waive and release the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by You or any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content You post on the website or as a result of the Service, and the violation of any law or regulation by You. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will fully cooperate with the Company in connection therewith. You also agree that while the price point, type of services, and general method of Laundering Services you may provide to Customers as part of your own business are yours to arrange, you agree to utilize and include certain language on the bottom of any invoice you generate for your business.
Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner
Entire Agreement.
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the website, contains the entire agreement between you and the Company regarding the use of the website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The subject headings or captions of the sections and subsections of this Agreement are included only for purposes of convenience and shall not affect the construction or interpretation of any provisions contained herein. The pronouns used herein shall include, where appropriate, either gender, neutral, or both, singular and plural. Regardless of whether a term is consistently capitalized or not, it shall have the meaning and definition as expressly defined in this Agreement. This Agreement shall be deemed to have been jointly prepared by the parties. Any uncertainty or ambiguity existing in it shall not be interpreted against any party, but rather shall be interpreted according to the rules generally governing the interpretation of contracts.
Waiver and Agency.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner
Amendment.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the App and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
EXHIBIT A
OPTIONAL REFUND POLICY
Optional Refund Policy to be used for your personal and independent Laundering service/ business:
(To appear on your personal profile website page):
1. Services. I will provide pick-up and delivery laundry service during the period(s) that you selected when you made your Pickup Selection during registration on my personal profile website page.
2. Liability Disclaimer. I am not responsible for your laundry items bleeding, shrinking, fading, or otherwise becoming altered or worn by the normal wash-dry- and-fold laundry process. I will always take reasonable precautions against known problems. You agree that I may refuse to launder an item and send it back unwashed with an explanatory note if I think it will become damaged or damage other items. While I can assume no responsibility for items labeled HAND WASH ONLY, HANG DRY/DRY FLAT, DO NOT USE HEAT, DRY CLEAN ONLY, or that require other “special care” instructions, I may, solely at my option, try to accommodate special requests if you notify me of such care instructions. I am not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by you for pick-up or delivery. I will not leave items in the possession of any other person other than you unless you have given prior consent.
3. Missing or Damaged Items. You must report any damaged or lost items within 24 hours of delivery of your laundry. Failure to report the missing or damaged item within 24 hours shall release me from any liability for the missing or damaged item. In the event that any item is lost or damaged by me, I will, at my election, either replace the item with the same or similar garment or issue you a refund or credit for the value of that item as stated in this paragraph. If you are able to provide proof of purchase, and purchase amount of the lost or damaged item, I will provide a full refund up to a maximum reimbursement of fifty dollars ($50.00) per item. I am not liable for any preexisting damage to a garment or other items and reserve the right to return any item without cleaning it if any preexisting damage is found or if I have a concern about the colorfastness or the age or weakness of the fabric.
4. Payment and Fees. All online payments shall be made through our secured payment system; we do not accept cash or checks. Your credit card information will be processed securely by our third-party credit card processor and we reserve the right to charge you on said credit card for any fees due if you have provided a credit card on file.
5. Missed/Unattended Pickup or Delivery. If you miss a scheduled pickup or delivery, you must coordinate with me to reschedule the delivery and pay a missed pickup fee.
6. Termination. I am committed to your complete satisfaction. I reserve the right to discontinue the laundry service at any time and for any reason.
7. Notice Requirements. You are responsible for the accuracy of your account information on file, including but not limited to your current mobile phone number, permanent home phone number, email address, and permanent home address. I am not responsible for you missing notifications or service announcements because of any out of date or invalid contact information.
8. Miscellaneous: This Agreement and any documents referred to herein constitutes the complete, exclusive and entire Agreement between you and me. This Agreement may be amended or changed by me, provided that I provide notice of such changes and that you ratify such changes by your continued use of the Services. You may not assign or otherwise transfer this Agreement. Upon your authorization to commence work, the terms of this Agreement shall be binding upon parties and constitutes the entire understanding between the parties.
EXHIBIT B
INVOICE LANGUAGE
Use this paragraph on the bottom of your customer invoices/emails.
I, “the customer” acknowledge and understand that the services provided to me are provided by Laundry Ladies, Inc. (“My Laundry Lady”). I, “the customer” further acknowledge and understand that My Laundry Lady is a free agent and is not an owner, employee, operator, manager, member, shareholder, officer, nor director of Laundry Ladies, Inc., a California Corporation. Laundry Ladies, Inc. is not liable for any damage to your laundry caused in connection with services rendered by My Laundry Lady. I, “the customer” further agree that I, “the customer” waive any right to seek compensation against Laundry Ladies, Inc. should any damage to your laundry result from the services provided to me or my property by My Laundry Lady.
WHAT YOU PAY
For the rights to use Laundry Ladies, Inc. intellectual property
~Use of the Laundry Ladies logo
• Licensing Fee Option #1 = 2023 Promotion = $120 at sign up-includes your first 90 days (month 1, 2 and 3). Month 4 is waived, and $40 recurring monthly charge begins month 5.
• Licensing Fee Option #2 = $400 Paid-in-Full / Yearly (includes discount)
WHAT YOU GET
For access to our interactive platform for all of your business needs
• Your profit will be 70% of all fully paid customer invoices
• Use of our corporate invoicing system
• Use of our corporate payment processing division
• Merchant services – All credit card fees are paid for by corporate
• Marketing thru corporate social media platforms
• Training coach for your business assistance and future growth needs
• A personal profile page within the corporate website
• Access to a private Facebook page
• A Laundry Ladies email address
• Access to order any predesigned marketing material
Please confirm with your signature and date, that you have read completely, confirm details and agree with all items pertaining to this Non-Exclusive and Limited Licensing Agreement legal document
No Yet Signed