TERMS OF USE
Welcome to SpotlessCity!
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
This Terms of Use agreement (the “Agreement”) sets forth the terms and conditions that apply to your use of this website, located at www.spotlesscity.com (“SpotlessCity.com” or the “Site”), as owned and operated by Spotless City, LLC (referred to herein as “SpotlessCity,” “we,” “us,” or “our”). The term “you” or “your” shall refer to any person who or entity that uses the Site. The term “use” or “using,” as related to the Site, shall refer to visiting, viewing, accessing, browsing, submitting any content or material to, or placing an order through SpotlessCity.com. By using the Site, you represent that you are legally capable of entering into a binding contract and you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to these terms and conditions, please do not use the Site.
Privacy Policy
SpotlessCity respects your privacy and permits you to control the treatment of your personal information. A complete statement of our privacy policy (the “Privacy Policy”) can be found by clicking here. The Privacy Policy, which may be amended from time to time, is expressly incorporated into this Agreement by this reference and shall be deemed a part hereof.
Description of Services
SpotlessCity’s proprietary web-based software provides customers with a detailed directory of local dry cleaners and laundromats (“Cleaners”) and allows customers to schedule to have their clothing picked up, cleaned, and delivered from their choice of participating Cleaners (“Cleaner Affiliates”) directly through the Site. The Site does not charge you for its services. The Site facilitates orders between you and a Cleaner Affiliate. Cleaner Affiliates provide the pickup, cleaning, and delivery services (the “Services”). You acknowledge and agree that SpotlessCity.com does not provide pickup, cleaning, or delivery services. You acknowledge and agree that by placing an order through SpotlessCity.com, you will only be contracting with SpotlessCity to facilitate an order and payment for services between you and a Cleaner Affiliate. If you encounter a problem with a Cleaner Affiliate and/or the Services, your sole remedy is
against the Cleaner Affiliate and not SpotlessCity. SpotlessCity will make its best efforts to ensure that information on the Site regarding Cleaners is accurate. However, we do not guarantee the accuracy or reliability of any such information on the Site. SpotlessCity makes no warranties or representations whatsoever with regard to any service or product provided or offered by any Cleaner. You acknowledge and agree that any reliance on representations and warranties provided by any Cleaner shall be at your own risk.
Account Information
You agree and understand that you are responsible for maintaining the confidentiality of your login information and password. That login information and password,
together with any other personal information you provide, form your “Account Information.” If you become aware of any unauthorized use of your Account Information, you agree to notify SpotlessCity immediately at the e-mail address: security@spotlesscity.com. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser. You understand and agree that any e-mail delivered to your through the Site may be delayed or prevented by a variety of factors. SpotlessCity will make its best efforts to provide e-mails in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any e-mail. You also agree that SpotlessCity shall not be liable for any delays, failure to deliver, or misdirected delivery of any e-mail; for any errors in the content of an e-mail delivered to you; or for any actions taken or not taken by you or any third party in reliance on an e-mail delivered to you.
By submitting information and data to SpotlessCity through the Site, you give SpotlessCity a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use and store any content which you submit, post or display on or through the Site. This license is for the sole purpose of enabling SpotlessCity to provide its services. By submitting this content to SpotlessCity, you represent that you have all the rights, power, and authority necessary to grant the above license, without any obligation by SpotlessCity to pay any fees or other limitations.
Restrictions on Use
The contents of SpotlessCity.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, trade secret, and other intellectual property laws. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to SpotlessCity. As long as you comply with the Agreement, SpotlessCity grants to you a personal, limited, royalty-free, non-assignable and non-exclusive license to use the Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site and the Services offered through SpotlessCity.com, in the manner permitted by the Agreement. You may download or print a copy of information provided on SpotlessCity.com for your personal, internal and non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our written consent.
You agree that you will not (a) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tool, program, algorithm, or methodology to access, acquire, copy, or monitor SpotlessCity.com or any portion of SpotlessCity.com, without SpotlessCity’s express written consent, which may be withheld in SpotlessCity’s sole discretion; (b) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search SpotlessCity.com, other than any search engines and search agents available through the Site and other than generally available third-party web browsers; (c) post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of SpotlessCity.com; or (d) attempt to decipher, decompile, disassemble, reverse-engineer, or otherwise attempt to extract any of the software comprising or in any way making up a part of SpotlessCity.com.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPOTLESSCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SPOTLESSCITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPOTLESSCITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPOTLESSCITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPOTLESSCITY BE LIABLE, DIRECTLY OR INDIRECTLY, TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COSTS OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, MULTIPLE, PUNITIVE, OR SPECIAL DAMAGES, DAMAGES FOR LOST PROFITS, DAMAGES FOR STAINS, RIPS, OR OTHER CONDITIONS TO GARMENTS SENT TO A CLEANER AFFILIATE, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE SUBJECT MATTER HEREOF,
YOUR USE OF THE SITE OR THE SERVICES. THIS LIMITATION WILL APPLY (A) REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION; AND (B) REGARDLESS OF WHETHER SPOTLESSCITY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL SPOTLESSCITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO SPOTLESSCITY OR A CLEANER AFFILIATE, IF ANY, OR (B) $100 (ONE HUNDRED UNITED STATES DOLLARS), WHICHEVER IS LESS.
Indemnification
You agree to indemnify and hold SpotlessCity, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Site, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of this Agreement, and any other acts or omissions relating to the Site.
Termination
This Agreement will remain in effect and full force until otherwise replaced or revoked by SpotlessCity. Without limitation to any of its rights hereunder, SpotlessCity reserves the right to suspend or terminate your use of the Site for any reason or for no reason, including without limitation if SpotlessCity determines that you have breached or repudiated (or are at risk of breaching or repudiating) any provision of this Agreement, if SpotlessCity is required to do so by law, or if the provision of the Site or Services to you is, in SpotlessCity’s opinion, no
longer commercially viable. SpotlessCity shall not be liable to you for any amount in the event of any suspension or termination of your use of the Site or Services.
Modifications
SpotlessCity may, in its sole discretion and without prior notice, (a) update, revise, or otherwise modify the terms and conditions of this Agreement; (b) modify SpotlessCity.com; or (c) discontinue SpotlessCity.com and/or the Services, in each case at any time and for any reason. SpotlessCity will post any updates, revisions, or other modifications to
the Terms of Use page on SpotlessCity.com, and such updates, revisions, or other modifications will be effective immediately upon such posting. By continuing to use SpotlessCity.com after any such updates, revisions, or other modifications, you accept and agree to be bound by the Agreement as so updated, revised, or otherwise modified.
Third Party Sites
SpotlessCity works with a number of partners, affiliates and third parties whose websites may be linked with the Site. Similarly, from time to time in connection with your use of the Services, you may have access to websites, services, or software made accessible by, provided by, owned or licensed by, or under the control of third parties. SpotlessCity has no control over any third party websites, services, or software. SpotlessCity makes no and hereby
disclaims to the maximum extent permitted under applicable law any representation or warranty about, and takes no responsibility or liability of any type or kind for, such websites, services, or software (including, without limitation, any unintended, objectionable, inaccurate, misleading, or unlawful materials) made accessible by, provided by, owned or licensed by, or under the
control of such websites and third parties. Your use of such websites, services or software is subject to any terms of use and privacy policies applicable to the
same.
Governing Law
This Site is controlled and operated by SpotlessCity from its offices in the State of New York. This Agreement will be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent
to the exclusive jurisdiction of the state or federal courts in Kings County, New York, in all disputes arising out of or related to the use of the Site. Notwithstanding the foregoing, you acknowledge and agree that SpotlessCity will be entitled to seek injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction. SpotlessCity makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of and access to the Site and the Services should not be construed as SpotlessCity’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than New York.
Miscellaneous
Except as expressly provided herein, these Terms of Use constitute the entire agreement between you and SpotlessCity, superseding all prior agreements regarding the Site. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable in whole or in part, to the extent not found unenforceable such term or condition and all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.