Last Updated: September 7, 2017
PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, AND USING THE APP, YOU ARE ACCEPTING THESE TERMS, AS MAY BE REVISED BY WASH FROM TIME TO TIME. By USING THE APP, you HEREBY agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14, PLEASE STOP USING AND UNINSTALL THE APP IMMEDIATELY.
WASH provides you use of the App under the terms and conditions of this Agreement to allow mobile payments for laundry room machines and related services (collectively, “Services”) at participating locations owned, controlled, leased, and/or operated by WASH.
This App is not intended or targeted for use by anyone under the age of 13. You must be at least 13 years of age to access and use the App. If you are under 18 years of age (or the age of legal majority where you live), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the App.
3 User Account and Account Security
You will need to create and register for an account to use certain functionality and features of the App and the Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You must provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. You are responsible for all activities that occur in connection with your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4 User License
Subject to these Terms, WASH grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the App, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App (“WASH Content”), for personal non-commercial use in connection with the Services. This license does not include any right to, and you will not: (a) sell, resell or commercially use the App or WASH Content; (b) copy, reproduce, distribute, publicly perform or publicly display the App or WASH Content; (c) modify the App or WASH Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the App or WASH Content; (d) use any data mining, robots or similar data gathering or extraction methods on the App; and (e) use the App or WASH Content other than for their intended purposes.
The App is protected by the copyright laws of the United States, international treaties and conventions, and other laws, and WASH retains all right, title, and interest in and to the App, including all intellectual property rights associated with the App. Except as expressly granted above, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and WASH reserves all rights not expressly granted to you.
5 Account Balances
You need to have a positive account balance in order to use the App with the Services. WASH uses a third-party processor that will enable you to fund your WASH account via the App. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be handled solely by such third-party processor. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.
You can use your mobile device to pay for the Services using the App. In doing so, WASH will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. WASH reserves the right to change the fees for the Services at any time.
7 Email Communications, Push Notifications
9 Prohibited Conduct
You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate another person or log into an account which you are not authorized to access;
- Use or attempt to use another User’s account without authorization from that User and WASH;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to WASH’s network or network security;
- Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; or
- Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about WASH, the App or Services (collectively, “Feedback”), is non-confidential and will become the sole property of WASH. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless WASH, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the App; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with WASH in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that WASH will have sole control of the defense or settlement of any Claims.
The App and WASH Content are provided “as is” and “as available” without warranties of any kind, and WASH hereby EXPRESSLY disclaims all warranties, whether statutory, express, implied, or through course of dealing or trade, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, WASH does not represent or warrant that the App and WASH Content are accurate, complete, reliable, current or error-free. While WASH attempts to make your access to and use of the App safe, we cannot and do not represent or warrant that the App or associated servers are free of viruses or other harmful components.
13 Limitation of Liability
under no circumstances will WASH be liable to you for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits arising from or related to any use of the app, including any damages or liability resulting from any delay or inability to use the services, under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, even if WASH HAS been advised of the possibility of such damages. IN NO EVENT will wash’s total liability TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM or related to THEse TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, fifty dollars ($50.00). BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN those JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
14 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with WASH and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or WASH seek to bring an individual action in small claims court, you and WASH waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Los Angeles, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available at www.jamsadr.com and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and WASH agree that any dispute arising out of or related to these Terms is personal to you and WASH and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and WASH agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. All disputes between WASH and you will be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, consolidate more than one individual’s claims, or preside over any proceeding involving more than one individual, all of which are prohibited by these Terms. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and WASH expressly agree that the state and federal courts of Los Angeles County shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and WASH will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 13 by sending a written letter to WASH Multifamily Laundry Systems, Attn: Legal, 100 N. Sepulveda Blvd., 12th Floor, El Segundo, CA 90245, that specifies (i) your name, (ii) mailing address, and (iii) your request to be excluded from final, binding arbitration procedure specified above. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.
15 Governing Law and Venue
These Terms and your access to and use of the App will be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state and federal courts of Los Angeles County, California.
16 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through the App. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the App after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the App.
17 Electronic Communications
By creating a WASH account, you also consent to receive electronic communications from WASH (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.
19 General Provisions
These Terms constitute the entire agreement between you and WASH relating to your access to and use of the App. The failure of WASH to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the App, WASH Content and/or these Terms, you can contact us at firstname.lastname@example.org or 800.421.6897.