Welcome, and thank you for your interest in The Laundry Basket LLC (“TLB,” “we,” or “us”) and our website at https://laundrybasketdelivery.com, along with our related websites and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and TLB regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING TLB’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND TLB’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY TLB AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF TLB AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE SIGN-UP CONFIRMATIONS, SERVICE UPDATES INCLUDING PICK-UPS AND DROP-OFFS, INVOICING, AND PAYMENT CONFIRMATION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND TLB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
TLB Service Overview. TLB offers various laundry and dry-cleaning services as described on our website (collectively, “Laundry Services”). TLB will pick up your garments for Laundry Services (“Pick-Up”) and drop off your garments after Laundry Services are provided (“Drop-Off”). Through our website, you may sign up for Laundry Services, schedule Pick-Ups and Drop-Offs, manage your existing account, and contact us for customer support.
Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected].
General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.
Price. TLB reserves the right to determine pricing for Laundry Services. TLB will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing pages for wash and fold and dry-cleaning services periodically for current pricing information. TLB may change the fees for any feature of the Service, including additional fees or charges, if TLB gives you advance notice of changes before they apply. TLB, at its sole discretion, may make promotional offers with different features and different pricing to any of TLB’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Subscription Value. Subscription value cannot be carried over from one month to the next. Any unused subscription value will be forfeited. This policy is in place to ensure the fair use of our services by all customers and to maintain the integrity of our subscription model. Customers can easily manage their subscription by adjusting their monthly service plan to suit their needs. Customers are encouraged to review their plan regularly to ensure that they are utilizing their subscription value each month. We reserve the right to modify or terminate this policy at any time without prior notice. Any changes to this policy will be communicated to customers in a timely manner.
Payment Processing. We may contract with a third party to process any payments submitted for or through our Service (“Payment Processor”). By making any purchase through the Service, you authorize us to share any of your information with the Payment Processor in order to process your payment.
Authorization. You authorize TLB and the Payment Processor to charge all sums for the orders that you make and any level of Laundry Services you select as described in these Terms or published by TLB, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit or debit card, then TLB or the Payment Processor may seek pre-authorization of your card account prior to your purchase to verify that the card is valid and has the necessary funds or credit available to cover your purchase. In the event that you or the issuer of your card refuses to authorize payment to TLB or the Payment Processor, TLB will not be liable for any resultant delays in providing Laundry Services.
Subscription Service. TLB may offer subscription-based plans for Laundry Services with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Laundry Services. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize TLB or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our subscriptions page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. TLB or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at [email protected]. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
Refunds. Except as described in this Section 4.5 (Refunds), all sales are final, and all payments are non-refundable. If you signed up for a Subscription Service, you may cancel your Subscription Service within three days of the most recently commenced Subscription Period (i.e., either the Initial Subscription Period or a renewal) and receive a full refund of one of the initial Subscription Fee or, if the Subscription Service has already renewed, the Subscription Fee covering the most recent renewal, provided that no promotional value was received and you have not used the Laundry Services within the applicable three days. If a promotional value was received, or if you’ve already used the Laundry Services in those three days, the sale is final and the payment is non-refundable.
Delinquent Accounts. TLB may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then TLB reserves the right to delete your account and any information associated with your account without any liability to you.
Pick-Up and Drop-Off. Pick-Ups and Drop-Offs will take place on a day and at a location agreed to in advance by you and TLB. If you choose to not be personally present during Pick-Up or Drop-Off, you do so at your own risk. TLB will not be liable for any missing or damaged garments where you were not present to monitor such items at the Pick-Up or Drop-Off location. Once TLB has delivered your garments to the agreed-upon Drop-Off location, risk of loss passes to you.
Rescheduling or Cancellation. Either you or TLB may change the time or location for Pick-Ups or Drop-Offs, or cancel any Pick-Up or Drop-Off, with a minimum of three hours advance notice. If your garments are not at the agreed-upon location for any Pick-Up, or if you cancel or change the time of any Pick-Up or Drop-Off with less than the minimum notice specified in this Section, you will be subject to a missed Pick-Up or Drop-Off fee in the amount of US $15.
Force Majeure. TLB will not be in default or otherwise liable for any delay in or failure to Pick-Up or Drop-Off your garments, or failure to give notice in connection with a Pick-Up or Drop-Off, if such delay or failure arises by any reason beyond TLB’s reasonable control, including any act of God, the elements, inclement weather, earthquakes, floods, fires, epidemics, quarantine restrictions, riots, strikes, lockouts, failures or delays in transportation or communications, or any act or failure to act by you, your employees, agents or contractors.
Damaged or Lost Items.
Damaged Garments. TLB cannot assume responsibility, and will not be liable, for damage to your garments due to the following: (a) inherent weaknesses or defects in your garments resulting in tears or holes; (b) color loss, color bleeding, shrinkage or damage to weak and tender fabrics; or (c) items left in your pockets, including lipstick, gum or pens. If you notice any damage to your garments after such garments have undergone our Laundry Services, please contact [email protected] within 24 hours of Drop-Off and we will use reasonable efforts to work with you on a resolution. TLB is not responsible for any damaged items reported later than 24 hours after Drop-Off. Notwithstanding anything to the contrary in these terms, your sole remedy in the event of damage to your garments following Laundry Services is for TLB to use reasonable efforts to work with you on a resolution.
Lost Items. Before each Pick-Up, please inspect your garments for any loose items, including jewelry, cash or paper, in the pockets of or otherwise attached to any garment. TLB will not be responsible for inspecting garments for any loose items, and TLB will not be liable for any lost items left among your garments following Pick-Up. If you wish to report a missing item, please contact [email protected] within 24 hours of delivery. Notwithstanding anything to the contrary in these Terms, your sole remedy in the event of a missing loose item is for TLB to use reasonable efforts to work with you on a resolution.
Special Requests. TLB may, in our sole discretion, agree to special requests in connection with Laundry Services provided for you, including requests to use a specific detergent or other ingredients, or washing machine load preferences. TLB, in agreeing to any such special request, agrees to use commercially reasonable best efforts to meet the request, but TLB does not guarantee that any special request will be met. TLB may cancel or terminate any special request at any time upon notice to you, even if TLB previously agreed to such request. If TLB is not able to meet any special request made by you, TLB will use reasonable efforts to work with you to reach a resolution and, if unable to reach such resolution, you will have the option to cancel the Laundry Services.
Licenses
Limited License. Subject to your complete and ongoing compliance with these Terms, TLB grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TLB an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Ownership; Proprietary Rights. The Service is owned and operated by TLB. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by TLB (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of TLB or its third-party licensors. Except as expressly authorized by TLB, you may not make use of the Materials. There are no implied licenses in these Terms and TLB reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Terms
Linked Websites. The Service may contain links to third-party websites. Linked websites are not under TLB’s control, and TLB is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any content or information with such third-party services. Once sharing occurs, TLB will have no control over the information that has been shared.
Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Communications
Text Messaging & Phone Calls. You agree that TLB and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM TLB, YOU CAN EMAIL [email protected] OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM TLB, YOU CAN EMAIL [email protected] OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
Use the Service for any illegal purpose or in violation of any local, state, national, or international law;harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by TLB;interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii)reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i)uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii)making any unsolicited offer or advertisement to another user of the Service; (iii)collecting personal information about another user or third party without consent; or (iv)interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or accessing any other Service account without permission;sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section9 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 12 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 12 (Prohibited Conduct).
Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 13 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
Term, Termination, and Modification of the Service Term.
These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 14.2 (Termination).
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, TLB may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting TLB at [email protected].
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay TLB any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 8.3 (Feedback), 9 (Ownership; Proprietary Rights), 14.3 (Effect of Termination), 15 (Indemnity), 16 (Disclaimers; No Warranties by TLB), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
Modification of the Service. TLB reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. TLB will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TLB, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the“TLB Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties by TLB
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TLB DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TLB DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TLB DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TLB ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TLB ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION16 (DISCLAIMERS; NO WARRANTIES BY TLB) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TLB does not disclaim any warranty or other right that TLB is prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TLB ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TLB ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTIONS 18.5 (COMMENCING ARBITRATION) AND 18.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TLB ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a)THE AMOUNT YOU HAVE PAID TO TLB FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b)US $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Dispute Resolution and Arbitration
Generally. Except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and TLB agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TLB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to The Laundry Basket LLC, Attention: Legal Department – Arbitration Opt-Out, 12700 Brunswick Lane, Bowie, Maryland 20715 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once TLB receives your Opt-Out Notice, this Section18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting TLB.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TLB’s address for Notice is: The Laundry Basket LLC, 12700 Brunswick Lane, Bowie, Maryland 20715. The Notice of Arbitration must: (a)identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TLB may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, TLB will reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US $10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or TLB must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
Arbitration Relief. Except as provided in Section 18.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by TLB before an arbitrator was selected, TLB will pay to you the higher of: (a) the amount awarded by the arbitrator and (b)US $1,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
No Class Actions. YOU AND TLB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TLB agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If TLB makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to TLB’s address for Notice of Arbitration, in which case your account with TLB will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 18.8 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if TLB receives an Opt-Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.
Miscellaneous
General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and TLB regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Sectionheaders in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the State of Maryland without regard to conflict of law principles. You and TLB submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Prince George’s County, Maryland, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Maryland, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Privacy Policy. Please read the TLB Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The TLB Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Information. The Service is offered by The Laundry Basket LLC, located at 12700 Brunswick Lane, Bowie, Maryland 20715. You may contact us by sending correspondence to that address or by emailing us at [email protected].
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.