Terms of Use Policy

 

Sudsies, Inc. (“we,” “us,” or “our”) welcomes you to our Site. We invite you to access and use our website, www.sudsies.com, along with the services we provide through our website and subject to the following terms and conditions (the “Terms of Use” or “Terms”), which may be updated by us from time to time.  

 

BY BROWSING, ACCESSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, THEN PLEASE DO NOT USE OR ACCESS THE SITE OR ANY PORTION THEREOF.

 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

 

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Site, or to modify the Terms, at any time and without prior notice. If we modify the Terms, we will post the modification on the Site.  You should periodically review the Terms of Use to determine if there has been any modification since you last accessed the Site. However, by continuing to access or use the Site after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. We will provide the last date the Terms were updated at the beginning of these Terms. We encourage you to review these Terms regularly for updates. We may in our sole discretion also provide you with a Notice of Modification through your on-file e-mail address.  

 

 

The Site is available for individuals aged 18 years or older located in the United States. If you are 18 or older, but under the age of majority in the particular state where you are domiciled, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any part of the Site without notice and without reason.

 

 

a.   Site Visitors.

 

Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes (“Visitors”). No login is required for Site Visitors. Visitors can view all content and access all publicly-available features and functionality on the Site, and contact us using the contact link on the Site.

 

b. Customers.

 

Customers are those individuals who choose to avail themselves of the Services offered through our Site, including but not limited to drycleaning services, laundry services, clothing restoration services, and/or clothing alteration services.  Customers must provide Personal Identification and/or Personal Data (PI/PD) to the extent we require for providing our Services.  You should review our Privacy Policy before providing any PI/PD to us.  To avail yourself of our Services as a Customer, you will set up an account and become a Registered User of www.sudsies.com.  

 

 

When you become a Registered User, you will need to log in using your email address and create a password. Certain personal information/personal data (PI/PD) will be required to allow us to provide you with our Services.  Please refer to our Privacy Policy for more information on the PI/PD we may collect and your privacy rights. When creating your account, you must provide true, accurate, current, and complete information about yourself whether acting on your own or as the agent of an entity. Generally our customers are individuals.  However, if you are registering with us as the authorized representative of a business entity for which we will be providing our Services, you will be the only individual from the business entity able to access the account you set up.  

 

You may not transfer your account to anyone else without our prior written permission. This includes transfer of an account from one individual to another individual or business entity. You are solely responsible for all activity under your account. Each user email and password can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of any services, or communications from your account to Sudsies). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other 

 

In accessing our Site, you hereby agree to comply with the following guidelines:

 

 

Sudsies may modify, suspend, or discontinue the Site at any time and it will not be liable to you or any third party. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.

 

 

The Site and all content on the Site or provided through the Site, including, but not limited to text, images, illustrations, software code, audio clips, and video clips, is protected by copyright, trademark, trade secret and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Sudsies exclusively owns all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.  The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws and subject you to a lawsuit for infringement and/or the misappropriation of trade secrets. 

 

We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content and not cause them to be removed or obscured. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Site, social media page, or in a networked computer environment for any purpose is expressly prohibited.

 

If you violate any part of these Terms, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.

 

Sudsies’ trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks or service marks of Sudsies. Other service names or products located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Sudsies’ Trademarks or Third-Party Trademarks without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any Site are prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Sudsies’ Trademarks or Third-Party Trademarks inures to our benefit.

 

Elements of the Site are further protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

 

 

If you provide us with any feedback, comments, and suggestions with respect to the Site (“Feedback”), you hereby agree that we will be free to use, reproduce, and disclose any and all such Feedback in perpetuity subject to applicable privacy laws, for any lawful purpose, without compensation or attribution to you or any third party.

 

 

Sudsies, Inc.  (“Sudsies”) respects the intellectual property rights of others. Per the Digital Millennial Copyright Act (“DMCA”), Sudsies will respond expeditiously to claims of copyright infringement on the Site if submitted to Sudsies’ Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Sudsies will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

 

If you believe that your intellectual property rights have been violated by Sudsies or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

 

 

Sudsies may request additional information before removing any allegedly infringing material on its Site. In the event Sudsies removes the allegedly infringing materials post by others, Sudsies will immediately notify the person responsible for posting such materials that Sudsies removed or disabled access to the materials.   Sudsies may also provide the responsible person with your email address so that the person may respond to your allegations directly.

 

Pursuant to 17 U.S.C. 512(c), Sudsies’ designated Copyright Agent is:

 

ATTN: DMCA AGENT

Phone number: (305) 728-8940

Email address: contact@sudsies.com 

 

 

If you are Registered Customer, you acknowledge that Sudsies has disclosed or may disclose information relating to Sudsies’ technology or business (hereinafter referred to as “Proprietary Information”). You agree: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Proprietary Information. Nothing in these Terms will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of such disclosure to contest such order.

 

A violation of any of the foregoing is grounds for immediate termination of your right to use or access the Site.

 

 

Our Site allows you to request and receive informational text messages (“Text Messages”) to allow you to opt in for receiving text messages from us.  This means we will require your mobile phone number.  Please see our Privacy Policy for more information. 

 

It is your responsibility to determine if your mobile service provider supports text messaging and your mobile device is capable of receiving text messages. You will be responsible for any fees imposed by your mobile device carrier of any kind whatsoever. You acknowledge that Text Messages sent to you by CSPs or Sudsies may not be encrypted. Sudsies reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, modify, or suspend Text Messages services for any reason including for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

 

If you do not wish to receive mobile communications and text messages, you can opt-out either by not confirming your opt-in to receive Text Messages, by changing the text message settings on your account, or by responding to a text with “STOP” or “UNSUBSCRIBE” or otherwise following the opt-out instructions in a text message.

 

 

THE SITE, THE CONTENT, THE TEXT MESSAGES, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER SUDSIES NOR ITS AFFILIATES, NOR ITS THIRD-PARTY PROVIDERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS. SUDSIES, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF THE SITE. SUDSIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA OUR TEXT MESSAGES OR EMAILS OR ANY OTHER ANY OTHER FAILURE TO RECEIVE TEXT MESSAGES OR EMAILS FROM SUDSIES.

 

ALL CONTENT ON THE SITE ARE SUBJECT TO THE POSSIBILITY OF ERRORS, OMISSIONS, OR WITHDRAWAL WITHOUT NOTICE. TO THE EXTENT THAT SUDSIES THIRD-PARTY SERVICE PROVIDERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

 

 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS OTHERWISE PROVIDED IN A LISTING AGREEMENT OR OTHER AGREEMENT BETWEEN YOU AND SUDSIES.

 

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

 

 

The Site may contain links to third-party Site (“External Site”) such as third-party payees.  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Site. The content of any such External Site is developed and provided by others. You should contact the Site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Site. We are not responsible for the content of any linked External Site and do not make any representations regarding the content or accuracy of materials on such External Site. You should take precautions when downloading files from all Site to protect your computer from viruses and other destructive programs. If you decide to access linked an External Site, you do so at your own risk.  Please note that once you link to an External Site, our Privacy Policy will no longer applicable. You should review the terms of the External Site’s own privacy policy before provided any personal information or data on that External Site. 

 

 

You will indemnify, defend, and hold Sudsies, our affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Sudsies Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees incurred by any Sudsies’ Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from your violation of these Terms or your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim (provided that our failure to provide prompt written notice shall excuse your indemnification obligations only to the extent that you are prejudiced thereby); (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise, provided that you may not make any admission of liability on behalf of any Sudsies Indemnitee without our prior written approval.

 

 

The Site is based in, and our Services are only available in the United States. The Site is designed to be accessed and used from the United States.  However, since it is conceivable that our Site may be accessed from outside of the United States by individuals who wish to use our Services, please review our Privacy Policy if you intend to avail yourself of our Services by providing any PI/PD to understand your rights under our Privacy Policy. 

 

 

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. 

 

 

In the event of a dispute arising under or relating to these Terms or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS Site www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 20 below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

 

In the event the laws of your state prohibit arbitration, this Section will not apply; however, all other provisions of the Terms will remain in effect.

 

 

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event the laws of your state prohibit this class action waiver, this Section will not apply; however, all other provisions of the Terms will remain in effect.

 

 

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

 

 

These Terms will be governed by the laws of the state of Florida. The exclusive jurisdiction for any claim, action or dispute with Sudsies or relating in any way to your use of the Site will be in the state and federal courts of the state of Florida and the venue for the adjudication or disposition of any such claim, action or dispute will be in Miami-Dade County, Florida. 

 

 

a. Survival of Provisions. If these Terms are terminated in accordance with the termination provision in Section 17 above, such termination shall not affect the validity of the following provisions of these Terms, which shall remain in full force and effect indefinitely: “Intellectual Property,” “Confidentiality,” “Disclaimer of Warranties; “Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

 

b. No Waiver. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. 

 

c. Scope of the Terms of Use. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

 

d. Entire Agreement.  These Terms of Use constitute the entire Agreement between Sudsies and any and all Site Visitors and Registered Users and Clients of www.Sudsies.com.  Any modifications of or amendments to these Terms must be made in writing by Sudsies and posted at www.Sudsies.com.  An effective date must be specified for any and all modifications and amendments.  If there is a conflict between any provision of Sudsies’ Privacy Policy and the Terms of Use, the Privacy Policy shall control.

 

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