FRESHLY FOLDED TERMS OF USE

Introduction

This software is for your personal use and shall not be used for commercial endeavors, unless otherwise endorsed or approved by Freshly Folded (“Freshly Folded”) or one of its licensees (each a “Licensee” and together “Licensees”). Freshly Folded and its Licensees have adopted this Terms of Use Agreement ("Agreement") to notify you of your rights and duties while using this software application and any related websites (“Websites”) (the software application and “Websites” may be referred to herein collectively as the “App”).

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE APP. THROUGH YOUR USE OF THE APP, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE APP.  FRESHLY FOLDED RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION.

In the event Freshly Folded modifies, amends, or replaces this Agreement, the Effective Date, located at the top of this page, will change. Your use of the App after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement.

  1. Warranties

    You warrant that you are of sound mind and competent to agree to the terms of this Agreement and your use of the App does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or other entities located in the jurisdiction in which you live or conduct business.  You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement.  If you are accessing or using the App on behalf of a governmental organization, non-governmental organization, or business Freshly Folded, you warrant that you are an authorized agent of said organization or Freshly Folded and that you have the authority to bind said organization or Freshly Folded to the terms of this Agreement.

  2. Privacy Policy

    Freshly Folded hereby incorporates its Privacy Policy by reference as if fully restated herein.

  3. Ownership of Content and Intellectual Property

    Freshly Folded is the owner of all rights in, and to, the App and its associated content, including, but not limited to, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights.  The App is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Freshly Folded provides you with the right to use the App on a limited basis.  You are expressly prohibited from using the App for any purposes not stated in this Agreement.

    Freshly Folded hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the App for its customary and intended purposes.  Use of the App for a purpose outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Freshly Folded.

    You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the App, whether in whole or in part, without the prior written consent of Freshly Folded.  This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Freshly Folded's robots.txt file.

  4. Registered Accounts

    In order to obtain access to additional features or areas of the Website, or to purchase the Freshly Folded you may be required to register an account ("Account"). You may only use your Account and you are expressly prohibited from providing additional parties with access to your Account. You agree that, in registering an Account, you will provide Freshly Folded with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Freshly Folded. By creating an Account, you agree that Freshly Folded may contact you by any available means, including, but not limited to, by email.

    Freshly Folded reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.

    By agreeing to these Terms of Use, User agrees to allow Freshly Folded to market new products and services to registered accounts. 

  5. Acceptable Use of App and Licenses

    Users warrant that any content uploaded or transmitted through Freshly Folded is owned by the user or such user has the appropriate rights to use the content in such a manner. The copyright of all content uploaded by users is retained by the users.  Users warrant that any use of the App or transmission of content via the App will neither:  (1) violate any term or condition of this Agreement; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; nor (3) violate any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. By uploading or transmitting information using the App, Users expressly waive their rights to publicity and privacy with respect to the content.  

  6. Copyright Policy

    You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act.  Freshly Folded will not be considered a speaker or publisher of any information provided by a third party using the App, regardless of whether Company chooses to remove, suspend, change, or amend such information.

    The App is protected by copyright and such rights are owned by Freshly Folded.  Although Freshly Folded does not plan to host user-generated content, in the event that any user of the App uploads or posts information to a public or semi-public area of the App should such functionality become available, Freshly Folded will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Freshly Folded's designated copyright agent pursuant to 17 U.S.C. § 512.

    All notices of copyright infringement must contain the following:

    1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
    2. Specific identification of the copyrighted works alleged to have been infringed;
    3. The location of the copyrighted works on the Website;
    4. The contact information of the notifying person(s) or Freshly Folded, such as an address, telephone number, fax number, or email address;
    5. A statement that the notifying person(s) or Freshly Folded has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
    6. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or Freshly Folded is authorized to act on behalf of the copyright owner.

    Upon receipt of a notice of infringement, Freshly Folded will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

    1. Identification of the specific materials that have been removed from the Website;
    2. The contact information of the notifying person(s) or Freshly Folded, such as an address, telephone, fax number, or email address;
    3. A statement, under penalty of perjury, that the notifying person(s) or Freshly Folded has a good faith belief that the content was removed as a result of mistake or misidentification;
    4. A statement that the notifying person(s) or Freshly Folded has consent to the jurisdiction of the federal district court in which the notifying person(s) or Freshly Folded address is located or, if outside of the United States, that the notifying person(s) or Freshly Folded has consent to the jurisdiction of the federal courts where your service provider is located;
    5. A statement that the notifying person(s) or Freshly Folded will accept service of process from the notified party; and
    6. The notifying person’s(s) or Freshly Folded physical or electronic signature.

    All notices of infringement and counter-notifications may be sent to: info@freshlyfolded.com.

  7. Indemnification

    Users agree to hold harmless, defend, and indemnify Freshly Folded from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to:  (1) the creation or use of an Account; (2) the uploading or transmitting of User-generated content; (3) the violation of any term or condition of this Agreement; (4) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (5) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international.  Users’ obligation to defend Freshly Folded will not provide Users with the ability or right to control Freshly Folded's defense, and Freshly Folded reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel in its sole discretion.

  8. Control of Operations

    Freshly Folded reserves the right to accept, reject, modify, suspend, or delete any User or User-generated content at any time and within its sole and absolute discretion. Freshly Folded reserves the right to modify or discontinue the App or any of its associated services at any time, without notice, and in its sole and absolute discretion.

  9. Freshly Folded as Service Provider

    You understand and agree that Freshly Folded provides an App service and takes no responsibility and cannot be held liable or responsible for any communication or conduct entered into by or between users of the App, whether through Accounts or otherwise. Freshly Folded makes no representations or warranties as to the truth or falsity of the description of any user’s communication or representations, the legality, quality, or safety of the services offered through the Website or by a user, or the qualifications associated with any Account, Product, or service, including, but not limited to, warranties of title or non-infringement.

    Although Freshly Folded undertakes commercially reasonable efforts to verify the idFreshly Folded of its Account owners, and users, you understand and agree that Freshly Folded cannot be held liable or responsible for any claims, demands, liabilities, damages, awards, judgment, costs, or attorney's fees arising out of or related to any user's, Account owner's, or third party's failure to:  (1) truthfully or accurately disclose their idFreshly Folded or their qualities or qualifications of any product, or services, offered by them; (2) comply with any applicable law, statute, regulation, ordinance, or treaty, whether local, state, national, or international.

    You acknowledge and agree that Freshly Folded is an interactive computer service provider under Section 230 of the Communications Decency Act.  Though Freshly Folded may edit, remove, or control the content displayed through the Website, you agree that Freshly Folded will not be considered an information content provider and will not be held liable for the republication or tortious content created by third parties, whether through the App or otherwise.

  10. Acceptable Uses

    You agree that you will not use the App to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the App.

    Specifically, you are prohibited from:

    1. Transmitting unsolicited commercial email messages through the App or to users of the App;
    2. Imposing a disproportionate load on the App or its server infrastructure or otherwise attempting to interfere with the operation of the App;
    3. Circumventing Freshly Folded's technological or security protection mechanisms;
    4. Using a robot, spider, scraper, or other automated technology to access the App;
    5. Attempting to gain access to the private data or personal information of a user of the App or a third party;
    6. Posting or transmitting content intended to collect personal or personally identifiable information from users of the App or third parties;
    7. Harassing a user of the App;
    8. Harassing a third party through your use of the App;
    9. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
    10. Posting or transmitting content that infringes upon the intellectual property rights of other users of the App or third parties;
    11. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
    12. Posting or transmitting any content in violation of 18 U.S.C. § 2257.
  11. Payment

    Freshly Folded is a sales platform marketing laundry services, specifically wash and fold services. Users put in an order, which is paid by credit card or other a related financial instrument transmitted to Freshly Folded or one of its Licensees, which then either picks up the laundry from the User or collects laundry deposited by the User at a set physical address.  Receipts will be generated by the site and sent to Users of the App. 

    All payments for services, products, information, or otherwise, offered through the App are non-refundable.  You hereby authorize Freshly Folded's payment processing agent to charge your credit card (or other approved payment facility) in accordance with Freshly Folded's billing policy, which shall be displayed on the App.  You further agree to pay all fees and charges on time, and Freshly Folded may terminate or disable your access to the App or your Account if you fail to pay any amount owing to Freshly Folded when due. You agree that you will pay all costs of collection, including legal fees, incurred by Freshly Folded.  In accordance with Freshly Folded's billing policy, Freshly Folded may require a membership period of a certain length with payments automatically deducted from Users’ accounts or as otherwise agreed to by Users.

    You agree to pay all applicable taxes or charges imposed by any governmental Freshly Folded anywhere in the world in connection with your use of the App.  All costs and fees are quoted and payable in United States Dollars, and You acknowledge and agree that Freshly Folded is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or Freshly Folded's payment processor. You agree that you will not initiate any chargebacks to Freshly Folded unless otherwise authorized by Freshly Folded in writing.  You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Freshly Folded.

    In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Freshly Folded within ten (10) days of any such dispute.  You understand that your failure to notify Freshly Folded of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

  12. Third Party Links

    You acknowledge and agree that the App may contain links to third-party websites that are not owned or controlled by Freshly FoldedFreshly Folded will not be held liable or responsible for the content of third-party websites, and you are advised to review the terms of use agreements and privacy policies of those websites.

  13. Term and Termination

    This Agreement will remain in full force and effect until terminated under the terms of this Agreement.  You may terminate your subscription by notifying Freshly Folded at info@freshlyfolded.com in a signed writing stating your intent to terminate.  Freshly Folded may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of this Agreement.

  14. Disclaimer of Warranties

    FRESHLY FOLDED PROVIDES THE APP ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.  ANY WARRANTY PROVIDED IN CONNECTION WITH THE USE OF THE DEVICE MARKETED HEREUNDER AS THE FRESHLY FOLDED SHALL NOT IMPUTE ANY OR AFFECT THIS DISCLAIMER.

  15. Limitation of Liability

    FRESHLY FOLDED WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF FRESHLY FOLDED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    FRESHLY FOLDED WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT OF PROJECTS, PRODUCTS, OR REWARDS. FRESHLY FOLDED IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDFRESHLY FOLDED, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF.  FRESHLY FOLDED RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.

  16. Indemnification

    You agree to hold harmless, indemnify, and defend Freshly Folded, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the App, your registration or use of an Account, your uploading or transmitting of User-Generated Content, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

    Your obligation to defend Freshly Folded under the terms of this Agreement will not provide you with the right to control Freshly Folded's defense, and Freshly Folded reserves the right to control its defense and choose its counsel regardless of your contractual requirement to defend Freshly Folded.

  17. Assignment

    You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Freshly Folded may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the App.

  18. Choice of Laws

    This Agreement shall be governed in all respects by the laws of the State of California.  You agree that any claim or dispute you may have against Freshly Folded must be resolved by a court located in Los Angeles County, California.  You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

  19. Severability

    If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

  20. Integration

    This Agreement, and its incorporated Privacy and Copyright policies, constitutes the entire agreement between the parties with respect to the use of the App and its associated services. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement.  You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Freshly Folded.

  21. Waiver

    You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

  22. Limitation on Actions

    FRESHLY FOLDED AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

  23. Reservation of Rights

    All rights not expressly granted herein are reserved to Freshly Folded.

TERMS AND CONDITIONS OF WEBSITE USE AND USE OF SERVICES

  1. Terms of Use of FreshlyFolded.com. Nifty Quarter, Inc., dba Freshly Folded, (hereinafter, “Freshly Folded,” “We,” “Our,” or “Us”) operates www.freshlyfolded.com (hereinafter, this “Website”) for You, the end-user of this Website (“You” or “Your”), for purposes of providing information on and use of our weekly or on demand laundry services. This Website, and any services described herein are not intended for use by anyone under the age of eighteen (18). Your usage of this Website and/or purchase of any services therefrom are governed by these Terms and Conditions of Website Use and Use of Services, which may be updated and amended by Freshly Folded from time to time (hereinafter, “Terms”).

 

Your usage of this Website in any capacity and/or the purchase of any services therefrom constitutes Your acceptance and consent to be bound by these Terms. If You do not wish to accept these Terms, You must immediately cease usage of this Website and not use or purchase any services from this Website. These Terms apply to Your use of this Website, any order for services You place through this Website (hereinafter, “Order”), and Your use of any services purchased from this Website (hereinafter, “Services”).

Freshly Folded will use the information You provide during Your purchase to process Your orders, and as otherwise indicated in the Privacy Policy, located at: www.freshlyfolded.com/privacy/. You agree that Freshly Folded may disclose Your personal information to a third party if required by law or legal process or is otherwise required to do so by a state or federal government agency, to protect the rights or property of Freshly Folded, or as otherwise indicated in the Freshly Folded Privacy Policy. By purchasing any Services from the Website or creating a Freshly Folded user account on the Website (hereinafter, “Account”), You agree to be bound by the Freshly Folded Privacy Policy and acknowledge that You have reviewed the terms of the Freshly Folded Privacy Policy, available at the link provided herein.

  1. Content Disclaimer. Your use of this Website is subject to the additional disclaimers and terms that may appear throughout this Website. Freshly Folded and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction You take based on the information, services, or other material on this Website. While Freshly Folded strives to keep the information on this Website accurate, complete, and up-to-date, Freshly Folded cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on this Website.

 

  1. Links to Third-Party Sites. This Website may include or provide links to other websites, advertisements, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by Freshly Folded. Some information available through this Website may be subject to the applicable terms, conditions, and disclosures of third parties. Any provided third party materials containing information related to third parties is provided for Your reference and convenience only, and does not imply any endorsement, sponsorship, or recommendation by Freshly Folded. Freshly Folded makes no representations or warranties with respect to the content, ownership, or legality of any such third-party sites or other content. You agree that Freshly Folded has no responsibility or liability for the availability of such third party sites or other content.
  2. Disclaimer of Warranties With Respect to Use of Website. This Website is provided on an “as-is” and “as-available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Freshly Folded expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. While Freshly Folded uses reasonable efforts to include accurate and up-to-date information on this Website, Freshly Folded does not make any warranty that this Website will meet Your requirements, that access to this Website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Freshly Folded makes no warranties as to the results that may be obtained from the use of this Website or as to the accuracy, quality, or reliability of any information obtained through this Website. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Website is used at Your own risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You from Freshly Folded or through this Website shall create any warranty not expressly made herein.

 

  1. The information that we obtain through Your use of this Website, whether through the registration process or otherwise, is subject to our Privacy Policy, located at: www.freshlyfolded.com/privacy/. That Privacy Policy addresses our collection and use of the data You provide to us, including Your rights relative to that information. Please review the Privacy Policy before You use this Website. If You are unwilling to accept the terms and conditions of the Privacy Policy, we ask that You not use this Website, order any Services through the Website, and/or create an Account.

 

  1. Suspension of Website and/or Services Listed for Sale. You agree that Freshly Folded, in its sole discretion and at any time, may modify, discontinue, or suspend operation of this Website or any portion thereof and/or any Services offered thereon, temporarily or permanently, without notice to You. You expressly agree that these Terms do not create any right for You to perpetually access this Website or any information or Services contained therein, and that Freshly Folded is not liable to You for any actions it may take in continuing or suspending operations of this Website or any portion thereof, and/or any services contained therein.

 

  1. Ownership and Intellectual Property. This Website is owned and operated by Freshly Folded. All rights, title, and claims to the content and information used on this Website are the property of Freshly Folded, and/or its authorized agents, partners, affiliates, subsidiaries, or other third-party partners. With the exception of the limited license to You described in this provision, nothing on this Website is intended to create any transfer of any ownership and intellectual property rights to You, and You acknowledge and agree that the information and content available through this, including but not limited to, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third party advertisers are protected by copyrights, trademarks, patents, and/or other proprietary rights and laws. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or to create derivative works based on this Website and/or any content or information available on this Website. You are granted a non-exclusive, non-transferrable, revocable, limited license to view, copy, and print content and information on this Website for the limited purposes of using this Website as a shopping and informational resource related to the services contained on this Website; You may not copy or use the content or information from this Website for any other purpose. You may not copy, reprint, redistribute, modify, or sell information or content retrieved from this Website for any commercial purpose or provide it to another commercial source without the express and prior written consent of Freshly Folded. Any rights not granted herein are expressly reserved to Freshly Folded.

 

  1. User Requirements and Conduct. In order to use most aspects of the Services, you must register for and maintain an Account. Registration for an Account requires you to submit to Freshly Folded certain personal information, such as your name, address, and mobile phone number, email address, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account and authorize Freshly Folded and its affiliates to charge your credit card for any and all fees incurred by You for Your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services and/or termination of Your Account and ability to use the Services. You are responsible for all activity that occurs under Your Account, and, as such, You agree to maintain the security and secrecy of Your Account username and password at all times. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes. In certain instances Freshly Folded or a third party contractor may require You to provide proof of identity to access or use the Services, and You acknowledge and agree that You may be denied access or use of the Services if You refuse or fail to provide proof of identity. By creating an Account, You agree that Freshly Folded may send you informational text (SMS) messages as part of the normal business operation of Your use of the Services. You may opt-out of receiving text (SMS) messages from Freshly Folded at any time by emailing a request to hello@freshlyfolded.com.

 

Laundry Profile

 

As part of Account registration, You will be required to create a “Laundry Profile” by answering questions and providing details relating to Your specific preferences as to how Your clothes are laundered, as well as any special instructions, requests, notes, or other information related to Your garments and items to be laundered. This includes, but is not limited to, selecting your preferred detergent and softener, preferred water temperatures, whether or not bleach is utilized, the type of drying method used, how Your items and garments are bagged, hanged, or folded, and other similar such preferences; if You do not configure these preferences, or in the event that a preferred detergent, softener, and/or other similar such preference is unavailable, we will make selections for You, based upon our determination and in our sole discretion of what is reasonable for the garments and items You have submitted. You may also provide Your own bottles of detergent and/or softener to be used when laundering Your items, by including the sealed and closed bottles of detergent and/or softener in your items and garments to be picked up by Freshly Folded. All preferences, requests, and special instructions must be updated by 6:00am Pacific time on the date of the requested pick-up of Your items and/or garments in order to ensure that we receive and can accommodate Your preferences, requests, and special instructions for that particular order.

 

The information in Your Laundry Profile needs to be kept up to date, and You should update any notes and special instructions when scheduling each pickup of Your items and garments, if necessary. Special items and requests, including dry cleaning, should be listed with each pickup to ensure that the laundry processor who receives Your items and garments processes Your special requests and instructions. To help ensure accurate processing of your orders and requests, please make sure that You place Your garments and items in the appropriate Freshly Folded bag for wash and fold, special requests, and/or dry cleaning.

 

  1. User Representations. You represent and warrant to Freshly Folded that You will (i) maintain the security of Your user identification, password and other confidential information relating to Your Account; (ii) maintain the security, confidentiality and integrity of all messages and the content that You receive, transmit through, or store on the Website; (iii) be responsible for all charges resulting from the use of Your Account, including but not limited to, unauthorized use of Your Account prior to You notifying Freshly Folded in writing of such use; (iv) comply with the Terms of Service set forth herein; and (v) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding Your use of the Services, Your Account, or Website.

 

  1. User Restrictions and Promotional Offers.You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Freshly Folded and/or the copyright owner; or (ii) submit content or information that is purposely inaccurate, commits fraud or falsifies information in connection with Your Account or to create multiple Accounts. Freshly Folded may, in our sole discretion, create promotional codes that may be redeemed for Services credit or other features or benefits, subject to the terms that Freshly Folded may establish on a per promotional basis. You agree that promotional codes (i) must be used for the intended audience and purpose; (ii) cannot be combined with any other or multiple promotional offerings; (iii) may not be duplicated, sold, or transferred in any manner or made available to the general public, unless explicitly approved by Freshly Folded in writing; (iv) exceed or attempt to exceed quantity limits when purchasing offerings or promotions or otherwise using any Account to purchase offerings or promotions for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms. All promotional codes (i) may be disabled by Freshly Folded at any time for any reason without liability to Freshly Folded or prior notice to You; (ii) are not valid for cash; and (iii) may expire prior to Your use. Freshly Folded reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional offer by You or any other user in the event that Freshly Folded determines or believes that the use or redemption of the promotion offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. Freshly Folded shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud, or known or potential violations of the law or these Terms.

 

  1. Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on this Website and make reasonable efforts to correct any errors and inconsistencies. Be advised that Freshly Folded reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after Your credit card has been charged. If we discover an error after Your credit card has been charged and Your order is cancelled as a result of the error, Your credit card will be refunded the full amount of Your order. Freshly Folded charges a minimum order price and it is disclosed on the Freshly Folded price list. The minimum order amount may change from time to time.

 

Standards of Services

Freshly Folded follows the standards and policies set forth by the Fabricare Industry and the International Fabricare Institute. We exercise the utmost care in cleaning and processing garments entrusted to us and use such processes, which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, shrinkage, or against damage to weak and tender fabrics.

Your items and garments will be handled by a laundry processor separate from those of other customers and laundered in machines separate from the items and garments of other customers. We do not comingle or mix Your items and garments with those of other customers.

Washing and drying of items and garments is generally billed on a per pound basis; dry cleaning, pressing, and certain items and garments are billed at the per-item pricing as set forth on the Website. Your laundry will be processed according to the preferences set forth in Your Laundry Profile for Your Account.

 

Scheduling a Pickup of Your Laundry / Dry Cleaning

 

When scheduling a pick-up of your items and garments, the pick-up must be scheduled no later than 6:00am Pacific time on the date of the requested pick-up; due to the need to schedule our drivers and pick-ups on a daily basis, we cannot guarantee that we will be able to accommodate Your requested pick-up if it is made after 6:00am on the date of the requested pick-up. If you need to request a same-day pick-up after 6:00am, please contact customer service to see if it is possible for Us to schedule Your pick-up request.

 

Laundry should be left outside the front door to Your residence, or at the location noted in the notes and special requests section of Your Laundry Profile, in the appropriate bags for the types of laundry to be picked up; the blue bag is used for regular laundry, the green bag is used for dry cleaning, and the white, mesh bag is used for special items and special laundering requests. If You do not have the official Freshly Folded bags, You may leave Your laundry in any type of bag with each bag clearly marked with the labels described herein. While we do our best to check whether a particular item or garment is labeled dry clean only, if You have not placed the item or garment in the green bag for dry cleaning, we cannot guarantee that the item or garment will not be laundered in our facilities with Your other items and garments and, in such event, Freshly Folded is in no way responsible to any damage sustained to the item and garment in the laundering process. Items labeled dry clean only will not be sent for dry cleaning without specific instructions from You.

 

Any deviation from these general pick-up requirements should be noted in the instructions and notes sections of Your Laundry Profile.

Air Dry

 

Any items and/or garments which You would like air dried should be separated into the white mesh bag for special requests (or a clearly marked customer-provided bag) and You should identify that you would like those air dried in the notes and special requests sections of Your Laundry Profile. Please be aware that air dried items and/or garments may be slightly damp upon return to You.

 

Loose Items in Pockets and/or Laundry

 

Although we attempt to track such items, we are not responsible for loose items left in pockets or bundles of garments (i.e. jewelry, watches, wallets, cash, identification cards, credit cards, makeup, gum, pens, and other similar such personal items). We request that customers empty all pockets prior to putting laundry out for pick-up. We cannot be held responsible for damage to Your items and/or garments from items left in pockets or for any loose items which may have been lost, damaged, and/or destroyed during the laundering process.

 

Soiled and/or Stained Garments

 

If You have items and/or garments which are soiled or stained and require special treatment or You would like to request that we specifically treat any such soiling or staining of a specific item or garment, You must include the request and relevant information relating to the item or garment to be treated in the notes and special requests sections of Your Laundry Profile. Any such items or garments should be placed in the white mesh bag (or a clearly marked customer-provided bag) when setting out Your items and garments for an order including soiled or stained garments to be treated by us. Examples of soiled or stained items include, but are not limited to: soiling and/or stains from blood, fecal matter, other bodily fluids, greases or oils, and strong and persistent odors. If an item is excessively soiled or stained, we will place the item or garment in a plastic bag and return it to You with the remainder of Your items and garments when services are complete. If there are no notes or instructions from You and we notice that an item or garment in Your order is soiled or stained, we will make efforts to treat the item or garment. Regardless of whether or not there are notes and instructions as to any soiled or stained items or garments, we make no guarantees that we are able to remove any such soiling or staining in any item or garment, and we have no obligation to successfully remove any such soiling or staining in any item or garment Freshly Folded may refuse to treat any items and/or garments for soiling or staining in its sole discretion. We care about the health and safety of Our employees, and if a customer repeatedly sends in garments or items which are soiled and/or stained which pose a potential health hazard to Our employees, We reserve the right to terminate the customer’s account with Us.

 

Return of Laundry from Your Order

 

Freshly Folded strives to return Your laundered items and garments the next day after Your order has been picked up; returns are generally completed by the end of the next business day, with the exception of Saturday pick-ups, as there are no Sunday deliveries. You will be contacted by us in the event that it will take longer than three (3) business days to return the items and garments associated with Your order.

 

Prior to the return of Your laundered items and garments, Your order must be paid in full. We will charge Your credit card on file in Your Account prior to the return delivery of Your items and garments. In the event that Your credit card information it out of date or Your credit card is otherwise declined, we will contact You as soon as practicable to request updated or new credit card information. It is Your responsibility to provide us with Your payment information to ensure timely return of the items and garments in Your order. Your items and garments will be returned as soon practicable after payment, but it may not be on the same day as payment, depending on the specific time of day that payment-in-full is made.

 

Dry clean items and garments are returned to You in a separate delivery, subject to different service and delivery times, and the Terms above do not apply to dry clean items or garments. The average amount of time it takes for dry clean items and garments to be returned to You is four (4) business days, however, return delivery times cannot be promised or guaranteed. Please contact us if You have not received your dry cleaned items or garments within seven business (7) days from the date those items were picked up by us.

 

To report any issue with your order or the return of your garments and/or items, please contact us via email at hello@freshlyfolded.com or by phone at 619-586-5755.

 

Missing Items or Garments

 

Please report any missing items and/or garments from Your order to hello@freshlyfolded.com within twenty-four (24) hours of delivery. Freshly Folded is not responsible for any missing items reported after this time.

 

Limitations on Repair and Reimbursement for Lost or Damaged Garments; No Refunds

 

Regardless of brand, condition, or original cost of the garment or item, any single garment or item will be valued for reimbursement at the fair market value to replace it with a similar garment or item, not to exceed the cost of Your order, in the event the item or garment is lost or damaged by us and cannot be repaired by us. Freshly Folded is not responsible for any damage to or loss of any items or garments if the order was not personally received and personally delivered to and from a Freshly Folded employee. Freshly Folded is not responsible for missing or damaged items or garments from orders that are picked up or dropped off in an unsecured or unattended location. Any credit issued for lost items or garments will be issued within the sole discretion of Freshly Folded and will be issued in the form of credits to Your Account for use towards future Services; You will not be provided a refund of cash or credits to your credit card, bank account, or any other electronic payment method, in any circumstances.

 

  1. Payment for Services. You understand that use of the Services will result in payments by You for the Services You receive (“Charges”). Freshly Folded will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt via email, to the email address associated with Your Account. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless otherwise determined by Freshly Folded. Any request for lower Charges or disagreement with the amount of the Charges should be addressed to Freshly Folded by emailing hello@freshlyfolded.com. We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in our sole discretion.

 

All credit card for payment purposes are processed by a secure third party payment processer; Freshly Folded does not maintain or store any of Your credit card information in its systems.

 

Freshly Folded may, from time to time and in its sole discretion, provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services; You agree that such promotional offers and discounts, unless also made available to You, will have no bearing on Your Services or the Charges applied to Your Account for those Services.

 

  1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FrESHLY FOLDED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THE SERVICES HEREIN AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS STILL THE USER RESPOSIBILITY TO CAREFUL READ THE TERMS OF AND INSPECT ANY SERVICE YOU PURCHASE THROUGH OUR WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. FRESHLY FOLDED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT FRESHLY FOLDED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE EXTENT PERMISSIBLE UNDER CALIFORNIA LAW.

 

  1. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FRESHLY FOLDED, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AFFILIATES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (2) THE USE OF OR THE INABILITY TO USE ANY SERVICES PURCHASED ON THIS WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. In no event will Freshly Folded’s liability for any and all claims of any kind arising as a result of or related to these Terms and/or Your usage of any Freshly Folded SERVICES, or any act ARISING HEREUNDER, or ANY omission OR FAILURE TO ACT, exceed the value of the actual purchase price paid by You to Freshly Folded for FRESHLY FOLDED SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENTS, FACTS, AND/OR CIRCUMSTANCES GIVING RISE TO ANY SUCH CLAIMS.

 

  1. You agree to indemnify and hold harmless Freshly Folded, its directors, officers, employees, representatives, agents, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with Your use of the Freshly Folded Website or Services, and/or information You submit or transmit through this Website, any breach by You of these Terms.

 

  1. You agree that Freshly Folded may, in its sole discretion, and at any time, terminate Your use of this Website and/or Your Account, without prior notice to You, for any reason that Freshly Folded deems appropriate. You further agree that Freshly Folded will not be liable to You or to any third-party for the consequences of any termination of Your use of or access to this Website, Your Account, and/or the Services. In the event of any termination of Your use of or access to this Website, Your Account, and/or the Services, You agree that the provisions of these Terms regarding protection of intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and applicable law shall survive any such termination.

 

  1. Integration, Severability, and Waiver. These Terms set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between the parties hereto, whether oral or written, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these Terms, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these Terms shall not be construed as a waiver of any succeeding breach of the same or other provisions.

 

  1. Limitations of Actions Brought Against Freshly Folded. You agree that any claim or cause of action arising out of Your use of this Website, Your Account, the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will forever be time-barred, notwithstanding any statute of limitations or other law to the contrary.

 

  1. Applicable Law; Dispute Resolution; Class Action Waiver. These Terms and the resolution of any dispute related to these Terms, this Website, or Services will be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. With the exception of any non-payment for Services by You, any dispute relating to these Terms which the parties are unable to resolve shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by You and will not be subject to any class action status.

 

You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AS PROVIDED IN THESE TERMS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You hereby waive any and all rights to claim punitive, incidental, or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which You may be entitled will be governed by these Terms.

 

Any arbitration will occur exclusively in the city and county of San Diego, California. All lawsuits, causes-of-action, disputes, or other proceedings not subject to arbitration under these Terms, will be brought exclusively in the state or federal courts located in the city and county of San Diego, California. The terms of this section survive any termination of these Terms.

 

  1. In order to avoid irreparable injury to Freshly Folded, in the event of any breach or threatened breach by You of the provisions of these Terms, Freshly Folded will be entitled to seek an injunction and/or other equitable relief restraining You from such breach. Nothing in these Terms shall be construed as prohibiting Freshly Folded from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from You.

 

  1. Electronic Communications. The information communicated on this Website constitutes an electronic communication. When You communicate with Freshly Folded through this Website or via other forms of electronic media, such as email, You are communicating with Freshly Folded electronically. You agree that Freshly Folded may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Freshly Folded provides to You electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

 

  1. Trademark Notice. “Freshly Folded” is a registered trademark of the shareholders of Nifty Quarter, Inc., and is filed and pending publication by the USPTO. All other trademarks and service marks displayed on this Website are the property of either Freshly Folded or their respective owners. You may not use or display any trademarks or service marks owned by Freshly Folded without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their respective owners.

 

  1. Copyright Policy and Copyright Agent. It is our policy to respect the copyright and intellectual property rights of others. Freshly Folded may remove content that appears to infringe the copyright or other intellectual property rights of others. Further, Freshly Folded complies with the Digital Millennium Copyright Act. If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide Freshly Folded the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on this Website; Your address, telephone number, and email address; statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Please send the information to:

 

Nifty Quarter, Inc., dba Freshly Folded

Attn: Legal Dept.

7918 El Cajon Blvd.

La Mesa, CA 91942

 

  1. Attorneys’ Fees. If Freshly Folded takes legal action against You as a result of a violation or breach of these Terms, Freshly Folded will be entitled to recover from You all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Freshly Folded and any other rights and remedies of Freshly Folder provided in these Terms.

 

  1. Electronic Signatures and Agreements. You acknowledge and agree that by clicking on the button labeled “SUBMIT,” “DOWNLOAD,” “I ACCEPT,” or such similar links on the Website as may be designated by Freshly Folded, You accept the terms and conditions of these Terms. You further acknowledge that in doing so, You are submitting a legally binding electronic signature and are entering into a legally binding contract and that Your electronic submissions constitute Your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed through this Website. Further, You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

  1. Modifications to These Terms.Freshly Folded may make changes to these Terms from time to time in its sole discretion, by updating these Terms on this Website without notice to You. Your continued use of this Website following the posting of a new version of these Terms constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Website, You should check to see if these Terms have been updated or revised. These Terms supersede any other terms and conditions previously published by Freshly Folded on this Website. Freshly Folded may assign, transfer, or subcontract any of our rights or obligations under these Terms to any third-party at our discretion.

 

  1. Freshly Folded may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to Your address in your Account. Such notice shall be deemed given upon the expiration of forty-eight (48) hours after mailing or posting, or twelve (12) hours after sending electronically. You may give notice to Freshly Folded, with such notice deemed given when received by Freshly Folded, at any time by first class mail or pre-paid post to 7918 El Cajon Blvd., La Mesa, CA 91942, or by email at hello@freshlyfolded.com