THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
- About Alfred.
- Generally: The Service enables you to automatically schedule, manage and have certain household chores and other errands performed on your behalf via your own “Alfred”. Upon payment of membership fees, you will be assigned one or more individuals (each, an “Alfred”) who will perform those tasks (such as picking up drying cleaning or household cleaning) requested by you via the Service (each, a “Task”). To schedule a Task, you must input the required information as requested through the Service. You agree that any information you provide when scheduling a Task is true, accurate, current and complete, and, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so will constitute a breach of these Terms. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any member at our discretion.
- Third Party Applications: In order to complete certain Tasks, the Service may need to access certain third party software applications on your mobile device (“Third Party Apps”) and the account(s) associated with such Third Party Apps. You expressly consent to and authorize the Company to access and use those Third Party Apps designated by you, including the relevant accounts associated therewith, on your behalf to the extent necessary to provide the Service to you and complete the Tasks. You acknowledge and agree that the use of Third Party Apps is governed by the relevant terms and conditions associated therewith (“Third Party Terms”), and that you are by bound by such Third Party Terms. You further acknowledge and agree that the Company has no control over and cannot be responsible for any Third Party App or its products or services. Accordingly, the Company disclaims any and all warranties, and liabilities with respect to Third Party Apps, and their products and services.
- Member Accounts: To use certain features of the Service, you must register and create an account (“Account”). To be eligible to create an Account, you must be at least 18 years old. When you set up your account, you will be required to create log-in credentials by providing certain types of personal information (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials and Account, please review our Privacy Statement. In registering for the Services, you agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (“Registration Data”); (2) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) that you have a legitimate interest in the property you are providing Alfred access to (your residence), and you have all the necessary permissions from other persons or entities who also have an interest in your residence. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time. We reserve the right to terminate any username and password which we reasonably determine may have been used by an unauthorized third party. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from any of the Services.
- Third Party Accounts: Depending on the version of the App you are using, you may also link your Account with certain third party social networking services, including Facebook, and other Third Party Apps (each a “Third Party Account”) by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SOCIAL NETWORKING SERVICE AND OTHER SOFTWARE APPLICATION PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SOCIAL NETWORKING SERVICE AND SOFTWARE APPLICATION PROVIDERS.
- Licenses and Restrictions.
- License: Subject to the terms and conditions herein, Company grants you a personal, revocable, limited, non-transferable license to use the App on either (i) any iPhone, iPad or iPod Touch that you own or control, or (ii) any Android-enabled mobile device you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”) (the “Usage Rules”).
- Certain Restrictions: The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, Apps, back-end databases or Services (collectively, the “Company Properties”) or any portion of the Company Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties; and (i) you shall not use the Company Properties for any illegal or unlawful purpose. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
- Updates: All updates and upgrades to the App will be governed by the version of these Terms published by Company as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.
Ownership Rights and License.As between you and Company, the Company Properties, including any design, layout, logo, text, code, and graphics contained within the App and Website (the “Company Content”) is, and shall remain the sole property of Company and is subject to protection under U.S. and foreign copyright or trade mark laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Company.
- Subscription Fees and Payment Terms.
- Service Subscription Fees: You will be responsible for payment of the applicable fees for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your monthly or annual package, as applicable (each, a “Service Commencement Date”). All fees for the Tasks and Services are non-refundable. No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory email, text message, via the App, or other appropriate means of communication.
- Payment: You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We partner with Stripe to manage payments; by using our Service you agree to provide Stripe with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) and also agree to Stripe’s Terms of Service
https://stripe.com/us/terms Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to the Terms to determine your rights and liabilities. By providing Stripe with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment hereunder.
You additionally agree to pay our 5% convenience credit card processing fee, 4.5% service fee (which is not a gratuity), and a 2.5% booking charge on all goods and services purchased on your behalf; These fees help us maintain and make continuous investments to enhance our technology and keep service levels high. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Company Properties or by email delivery to you.
- Automatic Renewal: Your subscription will continue indefinitely until terminated in accordance with the Terms. AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD (EACH A “RENEWAL COMMENCEMENT DATE”) AND CONTINUE FOR AN ADDITIONAL EQUIVALENT PERIOD, AT THE COMPANY’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE RENEWAL COMMENCEMENT DATE BY CONTACTING US VIA EMAIL (firstname.lastname@example.org)If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact us via email (email@example.com)If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if the Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Taxes: The Company’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that the Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Free Trials and Other Promotions: Any free trial or other promotion that provides user access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. Cancellations made 48 hours or less before an appointment will be subject to a charge of 50% of the service rate. Select services apply. If you are inadvertently charged for a subscription, please contact the Company to have the charges reversed.
- Communications.The Company reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Tasks performed by your Alfred, and for service and support related issues. We reserve the right to contact you through email and text messages, or notices posted on the Website or in your Account. Notices will be deemed effective at the time they are sent by the Company or as of the date they are posted, regardless of whether you actually read any such notices.
- Code of Conduct.Due to the personalized nature of the Services you may, from time to time, personally interact with your Alfred. You acknowledge our Alfreds are human beings that deserve your respect, and that your continued use of the Services is contingent upon your continued observance of the following code of conduct (“Code of Conduct”):
The purpose of this Code of Conduct is simple: to ensure the safety, comfort and enjoyment of all involved, including you and our Alfreds, when you use the Services. Accordingly, you agree that you shall not: (i) physically harm, threaten to harm, or intentionally or recklessly cause harm to our Alfreds or create a condition that endangers the health and safety of our Alfreds; (ii) make or attempt any unwanted sexual advance or statement to our Alfreds; (iii) threaten, harass, stalk, intimidate, or engage in any other aggressive or bullying behavior against our Alfreds; (iv) use any vulgar or obscene language or otherwise engage in behavior that is likely to make others feel uncomfortable, embarrassed or offended; or (v) engage in any behavior that discriminates against our Alfreds because of the individual’s race, color, sex, age, national origin, handicap, sexual orientation or religion. Any violation of our Code of Conduct shall be deemed a material breach of these Terms, and the Company may terminate your Account and access and use of the Services without penalty.
- No Warranty.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES, SERVICES, AND ANY COMPANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY PROPERTIES, SERVICES, THE ALFREDS AND ANY COMPANY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE COMPANY PROPERTIES, ALFREDS AND ANY COMPANY CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COMPANY PROPERTIES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. EXCLUDING THE COMPANY’S OR ITS ALFRED’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF THE COMPANY AND ITS ALFREDS, INCLUDING, WITHOUT LIMITATION, LOST KEYS. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY UTILIZE THIRD PARTY APPS, AND OTHER THIRD PARTY SERVICE PROVIDERS TO PERFORM THE SERVICES, AND THAT THE COMPANY HAS NO CONTROL OR ABILITY TO CONTROL SUCH THIRD PARTY APPS OR THIRD PARTY SERVICE PROVIDERS. ACCORDINGLY, COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY WITH RESPECT TO SUCH THIRD PARTY APPS AND THIRD PARTY SERVICES.
- Acknowledgment and Assumption of Risk.YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOUR PARTICIPATION IN ANY COMMUNITY ACTIVITIES, INCLUDING WITHOUT LIMITATION FITNESS CLASSES AND YOUR USE OF ANY EXERCISE EQUIPMENT IN CONNECTION THEREWITH SHALL BE UNDERTAKEN BY YOU AT YOUR SOLE RISK. THERE IS NO REPRESENTATIVE OF BUILDING OWNER OR ITS MANAGING AGENT PRESENT TO SUPERVISE OR OVERSEE THE SESSIONS AND BUILDING OWNER AND/OR ITS MANAGING AGENT HAVE NO OBLIGATION TO SUPPLY MEDICAL SUPPLIES OR EQUIPMENT AT THE BUILDING. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE PHYSICALLY FIT AND ABLE TO UNDERTAKE PHYSICAL ACTIVITY AND THAT YOU HAVE NO PHYSICAL OR MENTAL ILLNESS, IMPEDIMENT, INJURY, OR HANDICAP THAT WOULD PUT YOU, OTHER MEMBERS, OR THE INSTRUCTOR AT RISK. YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ALFRED, BUILDING OWNER AND ITS MANAGING AGENT AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVANTS IF SAID REPRESENTATIONS AND WARRANTIES ARE FALSE. BUILDING OWNER AND ITS MANAGING AGENT ARE THIRD PARTY BENEFICIARIES OF THIS PARAGRAPH.
- Waiver and Release.YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT ALFRED, BUILDING OWNER AND ITS MANAGING AGENT ARE NOT AND SHALL NOT BE LIABLE FOR ANY PHYSICAL INJURIES, DAMAGES, ACTIONS, OR CAUSES OF ACTION WHATSOEVER TO ANY PERSON OR PROPERTY ARISING OUT OF OR CONNECTED PARTICIPATION IN ANY COMMUNITY ACTIVITIES, INCLUDING WITHOUT LIMITATION FITNESS CLASSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT ALFRED, BUILDING OWNER AND ITS MANAGING AGENT AND THEIR RESPECTIVE PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SESSIONS OR THIS AGREEMENT. BUILDING OWNER AND ITS MANAGING AGENT ARE THIRD PARTY BENEFICIARIES OF THIS PARAGRAPH.
- Limitation of Liability.TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COMPANY PROPERTIES, ANY COMPANY CONTENT, ANY INFORMATION AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH THE ALFREDS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNTS PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) AND/OR OMISSION(S) GIVING RISE TO SUCH DAMAGE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Transactions Involving Alcohol.Alcoholic beverages may only be purchased by and on behalf of individuals who are at least twenty-one years old. If you schedule any Task which requires your Alfred to purchase alcoholic beverages on your behalf, you expressly represent and warrant that: (i) you are at least twenty-one years old, and (ii) you will provide bona fide identification showing your legal age to your Alfred prior to the purchase of any alcoholic beverages and, if requested by your Alfred, upon delivery.
- Keys.In order to provide certain Tasks, such as house cleaning or grocery delivery, our Alfred’s will require access to your residence. Upon registration or request, you agree to provide your Alfred with a set of keys to your residence, along with any other information reasonably required by your Alfred, to perform the Tasks. The Company takes reasonable measures to protect the security of all keys provided by you to our Alfreds. EXCEPT AS OTHERWISE STATED HEREIN, EXCLUDING CASES OF GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF RESIDENCES.
- Feedback.If you provide Company with any feedback or suggestions regarding the App, Tasks or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate without any right to any compensation. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
- Hello Alfred in Partner Properties.Hello Alfred is operated by Alfred Club, Inc. and may be offered as a gift to new or renewing residents. It is not a permanent or required service of the building. Resident agreements pertaining to Hello Alfred are with Alfred Club, Inc., not with the building owner or manager. Therefore, these services are outside the scope of any rent stabilization rights or obligations.
- Arbitration; Applicable Law.PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Except for a claim by Company against you, any and all disputes between you and Company arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App.
- YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND COMPANY 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Company must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York, New York. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in New York. Claims of infringement or misappropriation of Company’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York, New York.
- The laws of the State of New York, excluding its conflicts of laws rules that would result in the laws of a State other than New York, govern this license and your use of the Service.
- Application Store Additional Terms and Conditions.The following additional terms and conditions apply to you if you are using an App from an App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to Apps from the App Store.
- Acknowledgement: Company and you acknowledge that this Agreement is concluded between Company and you only, and not with the App Store, and Company, not the App Store, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting App Store term applies, as applicable.
- Scope of License: The license granted to you for App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
- Maintenance and Support Company: is solely responsible for providing any maintenance and support services with respect to App, as specified in these Terms (if any), or as required under applicable law. Company and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to App.
- Warranty: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
- Product Claims: Company and you acknowledge that the App Store is not responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Company’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: Company and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: 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.
- Developer Name and Address: Company’s contact information for any end-user questions, complaints or claims with respect to Company Properties is firstname.lastname@example.org
- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App.
- Third Party Beneficiary: You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.
- Indemnification.You agree to indemnify, defend, release, and hold harmless Company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Company Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.
- ReleaseYou hereby release the Company Parties and their successors from claims to the extent permissible by applicable law, of all demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of the Alfreds or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.
- Equitable Remedies. You hereby agree that if these Terms are not specifically enforced, Company will be irreparably damaged, and therefore you agree that Company shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
- Termination.Company may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data you have stored on the Service, unless Company is required to retain it by law. You may terminate your registration at any time. Company is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE. Any limitations of liability that favor Company will survive the expiration or termination of these Terms for any reason, including Sections 9, 12, 16, 17 and 20. You can request to have your keys either mailed back via certified mail at approximately $4-$6 or have them securely destroyed. If no one is available to sign for your keys upon their delivery back to you and you are unable to retrieve them from your local post office branch within the time allotted by USPS, they will be delivered back to our office and securely destroyed at that time.
- Consumer Complaints.If you are a California resident, in accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Miscellaneous.Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All contracts completed electronically will be deemed admissible for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated: June 16, 2022