TERMS OF USE

Effective Date: February 14, 2022

Welcome to DryCleanLA. Please read on to learn the rules and restrictions that govern your use of our website(s), mobile app(s), products, services, applications, and or other online or offline communications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email:  info@drycleanla.com

Phone:  888-998-5558

Address: 5320 Derry Ave. Suite N, Agoura Hills, CA 91301

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THE ARBITRATION SECTION BELOW. PLEASE READ IT CAREFULLY.

These Terms of Use (the “Terms”) are a binding contract between you and LA Custom Craft Inc DBA DryCleanLA (“DryCleanLA,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

GUIDE TO CONTENTS

1. Will these Terms ever change?
2. What about my privacy?
3. What are the basics of using DryCleanLA?
4. What about messaging?
5. Are there restrictions in how I can use the Services?
6. What are my rights in the Services?
7. What about anything I contribute to the Services – do I have to grant any licenses to DryCleanLA or to other users?
8. What if I see something on the Services that infringes my copyright?
9. Who is responsible for what I see and do on the Services?
10. Will DryCleanLA ever change the Services?
11. Do the Services cost anything?
12. What if I want to stop using the Services?
13. What about Mobile Applications?
14. What else do I need to know?
    
    1. Warranty Disclaimer
    2. Limitation of Liability
    3. Indemnity
    4. Assignment
    5. Choice of Law
    6. Arbitration Agreement
    7. Miscellaneous

1. WILL THESE TERMS EVER CHANGE?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.drycleanla.com/, send you an email, or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

2. WHAT ABOUT MY PRIVACY?

DryCleanLA takes the privacy of its users very seriously. For the current DryCleanLA Privacy Policy, please click here.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at  info@drycleanla.com

3. WHAT ARE THE BASICS OF USING DryCleanLA?

You may be required to sign up for an account, select a password and user name (“DryCleanLA User ID”), and provide us with certain information or data, such as your contact information including but not limited to your email address. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your DryCleanLA User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. If you change your contact information, including any mobile number, you agree that you will notify us immediately.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Facebook and/or Google. We also accept credentials from corporate SAML. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your DryCleanLA User ID, account or password with anyone, and you must protect the security of your DryCleanLA User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your DryCleanLA User ID and account.

4. WHAT ABOUT MESSAGING?

5. ARE THERE RESTRICTIONS IN HOW I CAN USE THE SERVICES?

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else (including DryCleanLA);
2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by DryCleanLA;
3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. jeopardizes the security of your DryCleanLA User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes;
7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
9. copies or stores any significant portion of the Content;
10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
11. threatens our employees, contractors, agents, or other personnel; or
12. engages in any other act that is offensive or otherwise objectionable.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

7. WHAT ABOUT ANYTHING I CONTRIBUTE TO THE SERVICES – DO I HAVE TO GRANT ANY LICENSES TO DRYCLEANLA OR TO OTHER USERS?

USER SUBMISSIONS

We may, in our sole discretion, permit you to post, upload, input, publish, submit or transmit information or material through the Service. Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

LICENSES

You grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant DryCleanLA a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. For clarity, the foregoing license grants to us does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize DryCleanLA to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

Finally, you understand and agree that DryCleanLA, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

10. WILL DRYCLEANLA EVER CHANGE THE SERVICES?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

11. DO THE SERVICES COST ANYTHING?

Our website(s) and app(s) are currently offered free of charge. We may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

1. Paid Services. Certain of our Services may be subject to payments now or in the future, such as dry cleaning, laundered shirts, wash & fold, or related services (the “Cleaning Services”, and collectively the “Paid Services”). Please see our Pricing page for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Clearent (offered by Xplor) as our Payment Processor. You can access Clearent’s Services Agreement and Privacy Policy https://clearent.com/privacy-policy/. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
3. Payment Method. 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 we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT PROFILE.
5. Current Information Required. 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, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT PROFILE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
6. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your ACCOUNT PROFILE, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to ACCOUNT PROFILE. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your ACCOUNT PROFILE or terminate your DryCleanLA account before the end of the recurring TERM. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, DryCleanLA will not refund any fees that you have already paid.
8. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
9. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at info@drycleanla.com. Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
10. Promotions and Gift Cards. DryCleanLA may, in its sole discretion, offer gift cards from time to time (“Gift Cards”). Gift Cards can be used solely to pay for a Paid Service and/or fees or expenses associated with the Paid Services. The following terms shall apply to Gift Cards: (i) Gift Cards must only be used in a lawful manner; (ii) Gift Cards may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by DryCleanLA; (iii) DryCleanLA may in its sole discretion stop the offering of Gift Cards at any time for any reason without liability to DryCleanLA; (iv) Gift Cards may only be used pursuant to the specific terms that DryCleanLA establishes for such Gift Cards; (v) Gift Cards are not redeemable for cash, and are not returnable or exchangeable for a cash refund (except to the extent required by law); (vi) Gift Cards cannot be combined with cash; (vii) Gift Cards can be purchased only with online payments, coupons and other discounts may not be used to purchase Gift Cards; (viii) lost, stolen or damaged Gift Cards may be replaced only with valid proof of purchase and to the extent the remaining Gift Cards balance appears in DryCleanLA’s records; (ix) Gift Cards are not a credit or debit card; (x) there are no expiration dates and no fees for non-use of purchased Gift Cards, except as expressly stated otherwise; (xi) expiration dates or other terms may apply to Gift Cards not purchased directly by a consumer; (xii) except as expressly stated in (viii) above, DryCleanLA is not responsible for any lost, stolen, or damaged Gift Cards or use without your permission; and (xiii) there are no implied warranties for Gift Cards. Invalid or unidentifiable Gift Cards will not be redeemed. In certain states, after a period of time, DryCleanLA may be required to remit the cash associated with pre-paid but unused Gift Card balances to such states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem such gift card, it may no longer be redeemed and DryCleanLA may direct them to that state’s government instead. To check the available balance on a Gift Card, please email info@drycleanla.com. DryCleanLA reserves the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper Gift Card use. Gift Card terms and conditions are subject to change without notice.

12. WHAT IF I WANT TO STOP USING THE SERVICES?

You’re free to do that at any time by contacting us at info@drycleanla.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

DryCleanLA is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. DryCleanLA has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at info@drycleanla.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

13. WHAT ABOUT MOBILE APPLICATIONS?

You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

14. WHAT ELSE DO I NEED TO KNOW?