Terms and Conditions

Please read these Terms of Service (these “Terms”) and our Privacy Policy (www.tidyloadslaundry.com/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the Loads and Roads LLC, dba Tidy Loads Laundry website located at www.tidyloadslaundry.com (the “Site”) and our associated services accessible via the Site and corresponding mobile application (“App”) offered by Loads and Roads LLC, dba Tidy Loads Laundry (“Tidy Loads Laundry”).

To facilitate understanding, (a) the collective reference to the Site, the App, and all associated services and features accessible through them is termed the “Platform” and (b) “you” means: (i) you, the individual using the Platform; and (ii) any other person or entity on behalf of which you use the Platform, including as indicated in any account created by you for use of the Platform (“Account”) and (c) “User” here refers to any individual or entity utilizing the Platform or engaging with its services and (d) “we” refers to Tidy Loads Laundry. Within these Terms, specific terms such as “Laundry Services” refer to the wash, dry, fold, and dry-cleaning services offered. “Pickup Requests” are made when scheduling laundry pickups via our Platform. “Payment Information” includes credit/debit card details, bank information, and other payment details. A “Missed Pickup Fee” may be charged if a scheduled pickup is missed. Please note, Tidy Loads Laundry is not liable for any theft or loss of laundry items once they are picked up. Additionally, the “Payment Terms” govern authorization, processing, and non-refundability of payments. “Feedback” refers to user-provided suggestions, ideas, or comments. Promotional opportunities, sweepstakes, or contests are administered based on specific terms and conditions.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND TIDY LOADS LAUNDRY THROUGH BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. PLEASE REVIEW SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms. By accepting these Terms or using the Platform, you (a) agree to be bound by these Terms and (b) represent and warrant that you have been duly authorized to bind any person or entity on behalf of which you use the Platform, including as indicated in your Account. If you don’t agree to be bound by these Terms, do not use the Platform.
2. Changes to these Terms or the Platform. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App, and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Platform. If you continue to use the Platform after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Platform anymore. Because the Platform is evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.
3. Who May Use the Platform?
   1. 1. You may use the Platform only if you are 18 years or older and capable of forming a binding contract with Tidy Loads Laundry, and not otherwise barred from using the Platform under applicable law.
      2. For certain features of the Platform, you’ll need an Account. Tidy Loads Laundry reserves the right to change its Account registration requirements and procedures from time-to-time, and will have sole discretion in deciding whether or not to approve your Account. It’s important that you provide us with accurate, complete and current Account information (including with respect to Payment Information) and keep this information up to date. If you don’t, we might have to suspend or terminate your account or use of the Platform. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account. We have the right to disable any user name, password, or other identifier, at any time in our exclusive discretion for any or no reason, whether selected by you or provided by us. This includes if, in our opinion, you have violated any provision of this Agreement. You consent that all information you provide during registration with the Platform or otherwise, including but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.
      3. As part of our service, we may reach out to you via phone calls to the number you’ve provided for your account, as well as through SMS, MMS, notifications, or other text messages (“Text Messages”). Please be aware that standard text messaging rates may apply for sending or receiving these messages. By signing up to use our platform and providing your phone number, you are giving consent to receive calls and Text Messages from us.
      4. Furthermore, upon registering for our platform, you also agree to receive emails from us, which may include important notifications, updates, and promotional offers. It’s important to note that while receiving promotional emails is not mandatory for using our platform, you will automatically be included in our email communication list. However, you have the option to opt-out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.
4. TIDY LOADS LAUNDRY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AT ANY TIME. USERS HEREBY RELEASE TIDY LOADS LAUNDRY FROM ANY LIABILITY RELATED TO SUCH CONDUCT. TIDY LOADS LAUNDRY IS ALSO NOT LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE THAT COMES ABOUT THROUGH THE USE OF THE PLATFORM.
5. Terms Applicable to Customers. By utilizing the services of Tidy Loads Laundry as a Customer, you agree to the following terms:
   1. 1. 1. Through our Platform’s functionality, you can schedule pickups (“Pickup Request“) for Tidy Loads Laundry to collect, wash, dry, fold, and/or dry-clean your laundry, which you provide to us (“Laundry Services“).
         2. Upon submitting a Pickup Request, you must furnish specific details related to your requested Laundry Services to Tidy Loads Laundry, including but not limited to your address or location, phone number, email address, preferred times and dates, Payment Information, and other relevant parameters, as requested through the Platform (collectively, “Customer Information”). You assert that all Customer Information provided to us is complete, accurate, and not misleading. By submitting a Pickup Request, you acknowledge and agree that: (i) it constitutes an irrevocable offer by you to purchase Laundry Services in accordance with these Terms; (ii) you authorize us to weigh the laundry after it has been washed, dried, and/or dry cleaned, and to charge you the full amount based on the actual weight and type of service provided, using the payment method you selected through the Platform; however, you may cancel the request up to one hour before the scheduled pickup without incurring any charges; and (iii) any associated Customer Information submitted by you is accurate.
         3. Upon acceptance of your Pickup Request by Tidy Loads Laundry through the Platform, you will receive prompt confirmation via the Platform. Thereafter, you will be bound by a contract for the performance of the Laundry Services and the associated payment. You will be automatically charged (or required to initiate payment) for the Laundry Services by our designated payment processor (e.g., Clearent) using the payment method you selected through the Platform once your laundry is washed, dried, folded, and/or dry cleaned, and then weighed. After your laundry is processed, you will be automatically charged and receive a receipt through the Platform for the total cost of the Laundry Services, including any additional details, fees, and applicable terms (“Laundry Services Fee”). Tidy Loads Laundry reserves the right to modify the Laundry Services Fee at any time. In the event of such modifications, we will provide you with notice. Your continued use of the Platform after any changes in the fee calculation shall signify your consent to such modifications. Please note that in the event of a missed pickup, a $10 fee will be charged to your account.
         4. Tidy Loads Laundry assumes no responsibility for theft or damage to any clothes once they are picked up.
         5. Upon entering a contract with Tidy Loads Laundry for the Laundry Services, you agree to pay the agreed price, as well as any tips and fees outlined on the Platform, to Tidy Loads Laundry in accordance with these Terms. In the event of a declined payment or failure to process, we may suspend or cancel your Laundry Services and retain your laundry until payment is made. Failure to settle outstanding payments within 24 hours of a declined credit card may result in your laundry not being returned and may be donated to charity.
         6. Once Tidy Loads Laundry has picked up your laundry and begun washing or dry-cleaning it, cancellation is not permitted, and you will be liable for the entire fee, as previously agreed upon on the Platform and in accordance with these Terms.
         7. You acknowledge and agree that Tidy Loads Laundry reserves the right to cancel any Pickup Request deemed to have violated these Terms or found objectionable for any reason, at our discretion. Furthermore, Tidy Loads Laundry may remove you from the Platform or deny any Pickup Request violating the Terms, with or without cause, at our sole discretion.
6. Payment Terms.
7. 1. 1. 1. When you make a payment to us, you expressly authorize us (or our third-party payment processor) to charge you for such payment. We (or our payment processor) may ask you to supply additional information relevant to your payment, including your credit or debit card number, the expiration date of your credit or debit card, your bank information (e.g., routing number and account information), email, and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment methods represented by any such Payment Information. By initiating a payment, you authorize us to provide your Payment Information to third parties to complete your payment and to charge your payment method for the type of payment you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your payment (such information is included within the definition of Payment Information). By initiating a payment, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
         2. Payment processing services for Tidy Loads Laundry are provided by Clearent. By using the Platform, you agree to comply with Clearent’s terms and conditions regarding payment processing, as may be specified by Clearent, incorporated herein (collectively, the “Clearent Services Agreement”). By agreeing to these terms or continuing to operate as a Customer on Tidy Loads Laundry, you agree to be bound by the Clearent Services Agreement, as the same may be modified by Clearent from time to time. As a condition of Tidy Loads Laundry enabling payment processing services through Clearent, you agree to provide Tidy Loads Laundry accurate and complete information about you and your business, and you authorize Tidy Loads Laundry to share it and transaction information related to your use of the payment processing services provided by Clearent.
         3. Tidy Loads Laundry reserves the right, at its exclusive discretion (but not under obligation), for any reason, upon request from Customer or upon notice of any potential fraud, unauthorized charges, or other misuse of the Platform, to either place on hold any payment, provide credits, or arrange for the payment processor to do so.
         4. Tidy Loads Laundry offers Gift Cards (“Gift Cards”) for use of the Platform. Gift Cards are available in United States Dollars only. After a purchase is made with the Gift Card, the Gift Card balance will be reduced by the amount of each such purchase. If a purchase exceeds the balance, the difference must be paid with cash or other single payment method accepted by Tidy Loads Laundry. Gift cards will be digitally delivered to the email address or phone number specified at checkout for the recipient. For balance inquiries, please have your Gift Card handy and reach out to [email protected]. There are no taxes charged on the purchase of a Gift Card. At the time of redemption, appropriate taxes will be applied. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card, or provision of an additional payment instrument before you can apply a Gift Card to a purchase. Your Gift Card cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded; resold; used for payment outside of the Platform. Gift Cards issued by Tidy Loads Laundry hold no cash value and cannot be redeemed for more than their face value towards eligible Tidy Loads Laundry products or services. They cannot be transferred for value, nor can they be exchanged or redeemed for cash. While Gift Cards are non-returnable and non-refundable as a general rule, please note that exceptions may apply as required by law. Your Gift Cards may not be applied to the purchase of goods or services outside of the United States. GIFT CARDS NEVER EXPIRE OR ACCRUE FEES. PROMOTIONAL OFFERS AND DISCOUNTS CANNOT BE APPLIED TO THE PURCHASE OF GIFT CARDS, AND PURCHASES OF GIFT CARDS CANNOT BE USED TO SATISFY PROMOTIONAL THRESHOLDS. Gift Cards must be obtained from Tidy Loads Laundry, and you are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if any Gift Card code is lost, stolen, or destroyed, or if your Gift Card is used without your permission. By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Tidy Loads Laundry, the Platform, or other Users. We reserve the right, without notice to you, to void Gift Cards without a refund, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an order fraudulently, unlawfully, or otherwise in violation of these terms and conditions. Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). Use of Tidy Loads Laundry’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Gift Cards is strictly prohibited. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with Tidy Loads Laundry or any of its subsidiaries or affiliates is prohibited. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
         5. Tidy Loads Laundry may from time to time provide certain promotional opportunities, sweepstakes, or contests to Users. All such promotions shall be run at the entire discretion of Tidy Loads Laundry. They can be activated, modified, or removed at any time by Tidy Loads Laundry without advance notification. The liability of any of Tidy Loads Laundry’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms.
         6. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Platform, or other Tidy Loads Laundry technology, or any of Tidy Loads Laundry’s other products or services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you, and you warrant that you have the right to provide us with such Feedback without infringement or violation of any third-party rights.

7. Rights and Terms for Apps.
   1. 1. 1. If you comply with these Terms, Tidy Loads Laundry grants you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices, and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
         2. This Section, Section 7, applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
         3. For the Google Play Store version of the App, the following additional terms apply: Google has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App. Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Google is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Google and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
8. General Prohibitions and Tidy Loads Laundry’s Enforcement Rights. You agree not to do any of the following:
   
   1. 1. 1. Use, display, mirror, or frame the Platform or any individual element within the Platform, Tidy Loads Laundry’s name, any Tidy Loads Laundry trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Tidy Loads Laundry’s express written consent;
         2. Access, tamper with, or use non-public areas of the Platform, Tidy Loads Laundry’s computer systems, or the technical delivery systems of Tidy Loads Laundry’s providers;
         3. Attempt to probe, scan or test the vulnerability of any Tidy Loads Laundry system or network or breach any security or authentication measures;
         4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tidy Loads Laundry or any of Tidy Loads Laundry’s providers or any other third party (including another user) to protect the Platform;
         5. Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Tidy Loads Laundry or other generally available third-party web browsers;
         6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation in connection with the Platform;
         7. Use any meta tags or other hidden text or metadata utilizing a Tidy Loads Laundry trademark, logo URL, or product name without Tidy Loads Laundry’s express written consent;
         8. Use the Platform, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
         9. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
         10. Encourage or enable any other person or entity to do any of the foregoing.
         11.  

9. DMCA/Copyright Policy. Tidy Loads Laundry respects the intellectual property rights of others and expects its users to do the same. It is Tidy Loads Laundry’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of subscribers or account holders who are repeat infringers. Tidy Loads Laundry may take action against subscribers or account holders in its discretion even if they have not been determined to be repeat infringers if Tidy Loads Laundry determines that they have attracted an unusually large number of accusations involving multiple or widespread episodes of alleged infringing behavior. To satisfy one of the conditions of the optional safe harbor against certain remedies for online service providers under the Digital Millennium Copyright Act, Tidy Loads Laundry will respond expeditiously to valid notifications of claimed infringement that are reported to Tidy Loads Laundry’s Designated Agent to Receive Notifications of Claimed Infringement. The notifications should be sent to [email protected]. Information regarding the requirements for valid notifications of claimed infringement for service providers like Tidy Loads Laundry is at 17 U.S.C. § 512(c)(3) or on the Copyright Office website (copyright.gov).
10. Links to Third-Party Websites or Resources. The Platform may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
11. Termination.
    1. 1. The term of these terms shall commence on and be effective as of the date of this Terms is first accepted by you and will continue until this Agreement is terminated in accordance with the terms and conditions herein.
       2. If Tidy Loads Laundry limits, terminates, or suspends your right to use the Platform for a breach of these Terms, you will not be entitled to any refund of any unused balance in your account. Furthermore, you are prohibited from registering and creating a new account under your name, an alternate name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to limiting, terminating, or suspending your account, Tidy Loads Laundry reserves the right to take appropriate legal action, including but without limitation pursuing arbitration, criminal, and injunctive redress.
       3. You may cancel your Account with or without cause by providing prior written notice to Tidy Loads Laundry of such termination at any time by sending us an email at [email protected]. Any termination of the Terms in accordance with the foregoing shall be effective as of the date of the later of (a) the date on which you delete and deactivate your Account and (b) the day after you have completed your last Order that has already been accepted by you as of the time Tidy Loads Laundry receives your notice of termination.
       4. Upon any termination, discontinuation, or cancellation of the Platform or your account, the following Sections will survive: 1, 4, 5, 6-8, 12-18, 20 and 22.
12. Modification and Discontinuation of the Platform. Tidy Loads Laundry reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at its entire discretion. Except for refundable fees you may have advanced to Tidy Loads Laundry (if any), Tidy Loads Laundry is not liable to you for any modification or discontinuance, temporarily or permanently, of all or any portion of the Platform.
13. Release; Warranty Disclaimers.
    1. 1. You hereby represent and warrant that: (a) you have full power and authority to enter into these Terms and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with these Terms.
       2. TIDY LOADS LAUNDRY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND TIDY LOADS LAUNDRY FOR ANY ACT OR OMISSION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU HEREBY WAIVE, TO THE EXTENT APPLICABLE PROVIDED BY LAW, THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY COMPARABLE LAW IN ANY OTHER APPLICABLE GOVERNING JURISDICTION). THIS CODE SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
       3. THE PLATFORM AND OTHER TIDY LOADS LAUNDRY TECHNOLOGY ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the availability, quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Platform. Tidy Loads Laundry and its affiliates do not guarantee the (1) availability of Orders on the Platform or the result of any laundry services; or (2) use of the Platform will be uninterrupted or error-free. You acknowledge and agree that the Platform may be unavailable at any time and for any reason. Tidy Loads Laundry and its affiliates are not responsible for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
14. Indemnity. You will indemnify and hold Tidy Loads Laundry and its officers, directors, employees, and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) any claim based on any alleged your access to or use, or misuse of the Platform or any Laundry Services or garments, (b) your conduct that violates these Terms, or (c) any violation of applicable law by you or your affiliate, employee, or subcontractor.
15. Limitation of Liability.
    1. 1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TIDY LOADS LAUNDRY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TIDY LOADS LAUNDRY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
       2. TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, IN NO EVENT WILL TIDY LOAD LAUNDRY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE LESSER OF FIVE HUNDRED DOLLARS ($500) OR THE AMOUNTS PAID BY YOU TO US HEREUNDER.
       3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TIDY LOADS LAUNDRY AND YOU.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of Florida, excluding its conflict of law provisions. In the event of any dispute between you and Tidy Loads Laundry, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Florida. Both you and Tidy Loads Laundry consent to the jurisdiction of such courts and waive any objection to venue in such courts. Any claims arising from or related to the use of the Platform and services provided by Tidy Loads Laundry shall be governed by Florida law. However, the following section on dispute resolution (Section 17) remains subject to the Federal Arbitration Act and federal arbitration law.
17. Dispute Resolution.
    1. 1. Limitation on Time to File Claims.
          
          1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS SUCH BAR IS NOT PERMITTED BY APPLICABLE LAW.
       2. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
          1. 1. How This Agreement Applies: You and Tidy Loads Laundry mutually agree to resolve any and all covered disputes between the Parties exclusively through final and binding individual arbitration instead of a court or jury trial. This Arbitration Agreement and included Class Action Waiver is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving commerce. This Arbitration Agreement and Class Action Waiver applies to any and all claims arising out of or relating to the Terms, provision of services, use of the Platform, any payments made or received by Tidy Loads Laundry through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of these Terms, and all other aspects of the Users relationship (or the termination of its relationship) with Tidy Loads Laundry, past, present or future, whether arising under federal, state or local statutory and/or common law, which Tidy Loads Laundry may have against User or which User may have against Tidy Loads Laundry and its owners, officers, employees or agents, including but not limited to Tidy Loads Laundry. You and Tidy Loads Laundry agree that the mutual obligations to arbitrate disputes provide adequate consideration for this Arbitration Agreement and Class Action Waiver.
             2. As limited exceptions to Section 17 (b)(i) above: (1) we both may seek to resolve a Dispute in small claims court if it qualifies; and (2) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
             3. Additionally, except as these Terms otherwise provide, the Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability, or waiver of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. However, as stated in the “Class, Collective, and Other Representative Action Waivers” section below, the preceding sentence does not apply to the Class Action Waiver. Additionally, the first sentence of this paragraph does not apply to any claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
             4. If any claim(s) not covered under this Agreement above are combined with claims that are covered under this Agreement, to the maximum extent allowed under applicable law, the covered claims will be arbitrated and continue to be covered under this Agreement.
             5. Limitations on How This Agreement Applies: The following claims are not covered under these Terms: (1) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement, including disputes that may not be subject to pre-dispute arbitration agreement under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
             6. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
             7. Starting the Arbitration: If either party initiates arbitration, the initiating party must notify the other party in writing via email within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. Any demand for arbitration by a User must be delivered to Tidy Loads Laundry at [email protected]. The arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
             8. Class, Collective, and Other Representative Action Waivers (“Class Action Waiver”). Tidy Loads Laundry and User mutually agree that by entering into this Arbitration Agreement, both waive their right to have any dispute or claim brought, heard, or arbitrated as a class, collective, and/or other representative action to the maximum extent permitted by law, and an arbitrator will not have any authority to hear or arbitrate any such class, collective, or other representative action. User also waives User’s right to receive notice of any class, collective, or other representative action that may be filed. This Class Action Waiver does not apply to non-individual representative actions for civil penalties filed under the California Private Attorney General Act (“PAGA”) (but to the extent permitted by applicable law, a User’s individual claim under PAGA must be arbitrated and is covered by this Arbitration Agreement and Class Action Waiver). Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Rules, as defined below and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or other representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
             9. Except as otherwise stated in this Arbitration Agreement and Class Action Waiver, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:
                1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction. The arbitrator shall have authority to decide gateway issues, including arbitrability.
                2. The location of the arbitration proceeding will be in the county and state where Tidy Loads Laundry operates, unless User and Tidy Loads Laundry agree in writing otherwise.
                3. Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that each party shall bear their own costs and expenses, including the Arbitrator’s fees and costs.
                4. The Arbitrator may issue orders (including subpoenas to third parties in accordance with any applicable federal or state law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
                5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party in his or her individual capacity is entitled under applicable law and which would otherwise be available in a court of law but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
                6. Either party may file motions to dismiss and/or motions for summary judgment and the Arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
                7. The Arbitrator’s reasoned decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.
             10. AAA Rules may be found at www.adr.org, calling 1-800-778-7879, or by searching for “AAA Arbitration Rules” using a service such as www.google.com.
             11. This Arbitration Agreement and Class Action Waiver is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement and Class Action Waiver is deemed unenforceable, the remainder of this Arbitration Agreement and Class Action Waiver will be enforceable. This Arbitration Agreement survives after the termination of the Client Terms, Terms. Notwithstanding any contrary language in the Terms or in any Tidy Loads Laundry policy or other agreement, this Arbitration Agreement and Class Action Waiver may not be modified or terminated absent a writing signed (electronically or otherwise) by both User and an authorized representative of Tidy Loads Laundry.

18. General Terms.
    1. 1. Nondiscrimination. Tidy Loads Laundry does not discriminate on the basis of sex, color, race, national origin, religion, gender, gender identity, marital status, age, sexual orientation, or any other applicable federal, state, or local protected class.
       2. Reservation of Rights. Tidy Loads Laundry and its licensors exclusively own all right, title and interest in and to the Platform, and any content, data, insights, analytics and information generated by or transmitted through the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
       3. Force Majeure. In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Platform.
       4. Entire Agreement and Severability. These Terms constitute the entire and exclusive understanding and agreement between Tidy Loads Laundry and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between Tidy Loads Laundry and you regarding the Platform. If any provision, words, phrases, sentences, clauses, or sections of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. If such invalidity is caused by scope, length of time, or any or all of the foregoing, the otherwise invalid or unenforceable provision will be considered to be reduced to such scope, time, or area, which would cure such invalidity and render it valid and enforceable.
19. Modification. Tidy Loads Laundry may modify the Terms at any time, in its sole discretion. Updated versions of the Agreement will never apply retroactively, and the updated Terms will give the exact date they go into effect. If the modifications to the Terms constitute a material change, in Tidy Loads Laundry’s good faith reasonable judgment, Tidy Loads Laundry will notify you via email or posting notice via App/Platform. If you do not agree to any amendment of the Terms, you must immediately stop using the Platform. Your continued use of the Platform after any modification to the Terms constitutes acceptance of the amended Terms. However, any changes to the Dispute Resolution Agreement, Section 17, will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
20. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Tidy Loads Laundry’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Tidy Loads Laundry may freely assign or transfer these Terms without restriction, including to any purchaser of Tidy Loads Laundry’s business, from time-to-time in our sole discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
21. Notices. Any notices or other communications provided by Tidy Loads Laundry under these Terms will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
22. Waiver of Rights. Tidy Loads Laundry’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tidy Loads Laundry. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information. If you have any questions about these Terms or the Platform, please contact Tidy Loads Laundry at [email protected].