CSC ServiceWorks Wash, Dry, Fold Terms of Service
Last Updated: September 1, 2022
Welcome to CSC ServiceWorks! Thank you for considering our Wash, Dry, Fold laundry services. PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING OUR LAUNDRY SERVICES, USER WEBSITE, OR MOBILE APPLICATION. If you do not agree to these Terms of Service (“Terms”), please do not access or use our Wash, Dry, Fold laundry services, user website (“Site”), or mobile application (“App”).
THESE TERMS ARE A LEGALLY BINDING CONTRACT. THROUGH YOUR USE OF OUR SERVICE (VIA OUR SITE OR OUR APP), YOU MANIFEST YOUR CONSENT TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST IMMEDIATELY CEASE YOUR USE OF OUR SERVICE. WE RESERVE THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THESE TERMS AT ANY TIME AND WITHIN OUR SOLE DISCRETION.
THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO BRING CLAIMS AGAINST US IN A CLASS ACTION. PLEASE READ THE DISPUTE RESOLUTION SECTION CAREFULLY.
In the event CSC ServiceWorks modifies, amends, or replaces these Terms, the Last Updated date, located at the top of this page, will change. Your use of our services after a change in the Last Updated date constitutes your acceptance of any modification, amendment, or replacement. CSC ServiceWorks reserves the right to modify or discontinue the Site, the App or any of its associated services at any time, without notice, and in its sole and absolute discretion.
CSC ServiceWorks’ Privacy Notice is part of and incorporated into these Terms. Please review the Privacy Notice to understand how we collect, use, and share your personal information.
We provide a Wash, Dry, Fold laundry service for our users (“Users”) to have a laundry bag of machine-washable items picked up from their home location or retrieved from designated lockers on certain scheduled days and to have their items washed with CSC ServiceWorks standard detergent, dried and folded, and returned to them at the designated return locations (“the Service”). Please see our FAQs page for answers to commonly-asked questions. The Service is only provided to certain home locations (generally apartment, condominium, or dormitory buildings) in the United States. A third party, who is an independent contractor working with CSC ServiceWorks, will pick up, launder, fold, and deliver the User’s laundry to the designated delivery location.
Laundry will be washed in normal cycles using standard detergent at the water temperature you specify. Your laundry will not be combined with other Users’ laundry for washing or drying. At this time, we cannot separate specific items or colors and we do not provide any special services (such as, for example, hang dry or ironing), or use detergents other than CSC ServiceWorks standard detergent. Please do not provide delicate items to us – they may be damaged during normal washing and drying cycles. We are not responsible for any damage to such items.
- Garments that are machine-washable using normal cycles and standard detergent.
- Sheets and pillow cases
- Towels and washcloths
Items We Do Not Accept:
- Non-machine-washable items
- Garments that require special care (for example, beaded, feathered, or sequined items)
- Leather items
- Large comforters
- Items containing down or feathers
Expressly Prohibited Items:
- Sharps, needles, or other biohazardous materials
- Excessively soiled materials
- Items soiled with feces, blood, or other bodily fluids
- Items infested with bedbugs
- Illegal materials
- Electronic or battery powered materials
Any order that contains any of the above expressly prohibited items or other harmful items will be returned to you without being laundered and you will be charged a fee up to the amount of the cost of laundering a single bag.
Laundry Promise: It is our priority to properly clean and care for your laundry items, and we appreciate your trust. In the rare event that items are lost or damaged, this section explains our Laundry Promise to you.
CSC ServiceWorks is not responsible for any loose, non-laundry items lost when submitted in a laundry bag, such as watches, jewelry, cufflinks, money, wallets, etc., and shall have no liability for such items. With respect to laundry items, if you select doorstep delivery or pick-up instead of using a locker, CSC shall not be responsible if your laundry bag or items from your laundry bag are stolen either before the laundry is picked up or after it is delivered. Missing laundry items must be reported to us within 24 hours of the laundry being delivered to your designated delivery location. All claims are reviewed on a case-by-case basis and we will do our best to try to locate your missing item. Items are considered lost seven (7) calendar days after the item is reported as missing. If an item is timely reported as missing and is unable to be found, CSC ServiceWorks will provide you either an Account credit or cash compensation of up to $25 per missing item (subject to a maximum of $150 per laundry order). CSC will determine whether to provide an account credit or cash compensation in its sole discretion. To the fullest extent permitted by law, CSC Servicework’s aggregate liability in connection with a lost item shall not exceed the foregoing amount. All decisions on lost items are in CSC ServiceWorks’ sole discretion and are final.
You must empty all pockets and remove loose items (such as watches, jewelry, cufflinks, money, wallets, belts, etc.) before submitting a CSC ServiceWorks laundry bag. CSC ServiceWorks is not responsible for any loose items lost when submitted in a CSC ServiceWorks laundry bag and shall have no liability for such items. CSC ServiceWorks will provide reimbursement for damaged laundry items in certain limited circumstances. First, the laundry item must be one of the items that CSC ServiceWorks accepts; we do not provide any reimbursement for damage to items that are on the list of items we do not accept or items that are expressly prohibited (see above). Second, the damage to the laundry item must be reported to us within 24 hours of the laundry being delivered to your home location and digital pictures of the damage must be provided to support your claim. Third, we do not reimburse for damage caused by items you left in your laundry (for example, ink pens, markers, lipstick, or sharp items). Fourth, we do not reimburse for normal wear-and-tear, which includes:
- Color fading or bleeding
- Small holes or tears from normal laundering
- Discoloration caused by hygiene or beauty products (for example, deodorant, perfume, cologne)
- Lost or damaged buttons
- Thinning of fabric
All damage claims are reviewed on a case-by-case basis. If an item is timely reported as damaged and CSC ServiceWorks determines that the damage is reimbursable under the policy described above, CSC ServiceWorks will provide you an Account credit of up to $25 per missing item (subject to a maximum of $150 per laundry order). To the fullest extent permitted by law, CSC Servicework’s aggregate liability in connection with a damaged item shall not exceed the foregoing amount. All decisions on damaged items are in CSC ServiceWorks’ sole discretion and are final.
Use of the Services
In order to use the Service, you must register for and maintain an active personal User account (“Account”). You must be at least 16 years of age to register for an Account. We do not provide the Service to anyone under age 16 so please do not provide your information to us if you are under that age. You may not authorize third parties to use your Account, and you may not allow persons under the age of 16 to use the Service. You may not assign or otherwise transfer your Account to any other person or entity; however, services or subscriptions may be paid on your behalf. You agree to comply with all applicable laws when using the Service, and you may only use the Service for lawful purposes. In certain instances CSC ServiceWorks or a third-party contractor may require you to provide proof of identity to access or use the Service, and you agree that you may be denied access or use of the Service if you refuse to provide proof of identity.
Account registration requires you to submit certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit or debit card. You agree to maintain accurate, complete, and up-to-date information in your Account. 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 Service.
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. Unless otherwise permitted by CSC ServiceWorks in writing, you may only have one Account. In the event your Account is accessed without your authorization, you agree to immediately provide notice to CSC ServiceWorks.
You warrant and agree that your use of the Service, the Site or the App will not: (1) violate these Terms; (2) violate the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (3) violate any applicable law, statute, regulation, or ordinance. You shall not resell or otherwise attempt to commercialize the Service.
CSC ServiceWorks reserves the right to accept, reject, modify, suspend, or delete any Account at any time within its sole and absolute discretion.
You may purchase the Service on a single-bag, one-time service basis. You must use any single-service credit within 12 months of your purchase.
We offer the following service bundle options: 16 laundry bags and 32 laundry bags. You must use service bundle credits within 12 months of your bundle purchase.
We plan to offer subscription service options in the future. Please check back for more details at a later date.
All payments for the Service are non-refundable. You authorize CSC ServiceWorks’ third-party payment processor to charge your credit or debit card to pay for the Service option you select.
CSC ServiceWorks may terminate or disable your access to the Service if your payment is unable to be processed.
You are responsible for and agree to pay all applicable sales or use taxes or similar charges imposed by any governmental authority in connection with your use of the Service.
All costs and fees are quoted and payable in United States Dollars. You acknowledge and agree that CSC ServiceWorks is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or CSC ServiceWorks’ payment processor.
In the event you dispute the amount or validity of any charges, you must notify CSC ServiceWorks within fourteen (14) calendar days of any such dispute. You understand that your failure to notify CSC ServiceWorks of any dispute within fourteen (14) calendar days will constitute your express waiver of any claims related to the disputed charge. Please note that in the event you dispute any part of a valid charge via chargeback with your credit card company, you agree that we have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, and to turn any past due account over to collections.
These Terms will remain in full force and effect until your use of the Service terminates, and certain provisions, which by their nature survive termination (for example, limitation of liability and mandatory arbitration of any disputes), will remain in force even after your use of our Service ceases.
You may terminate your Account with us at any time by emailing us or texting us. If you terminate your Account, you will no longer be able to use the Service and will forfeit any credit or service balance in your Account.
If CSC ServiceWorks elects to terminate your Account before the end of your current paid term for its own convenience or due to a Force Majeure Event (as defined below) and not as a result of your violation of these Terms, it will refund a prorated amount equal to your paid but unused Service fees.
A Force Majeure Event is an event beyond our control or your control that renders performance of the Service impossible or practically infeasible. It includes, but is not limited to, natural disasters such as hurricanes, fires, earthquakes, mudslides, or tornados, acts of God, acts or war, terrorism, or riots, epidemics or pandemics, and labor strikes, shortages, unavailability, or lock-outs, and supply chain delays.
Ownership of Content and Intellectual Property; Limited License
CSC ServiceWorks or its licensors own all rights in, and to, the Site, the App, and all 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 Site and the App are subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and CSC ServiceWorks provides you with the right to use the Site and the App on a limited basis. You are expressly prohibited from using the Site or the App for any purpose not stated in these Terms or, with respect to the App, in the End User License Agreement for the App, which is incorporated by reference herein.
CSC ServiceWorks hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Site or the App for their customary and intended purposes. Use of the Site or the App for a purpose outside of its customary and intended purposes or in violation of the terms of these Terms 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 CSC ServiceWorks.
You are expressly prohibited from reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Site or the App, whether in whole or in part, without the prior written consent of CSC ServiceWorks. This prohibition on crawling or aggregating does not apply to search engines that appropriately comply with CSC ServiceWorks’ robots.txt file.
In the event that any user of the Site or the App uploads or posts information to a public or semi-public area of the Site or the App should such functionality become available, CSC ServiceWorks will expeditiously respond to all duly issued notifications of copyright infringement that are sent to CSC ServiceWorks’s designated copyright agent pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512.
All notices of copyright infringement must contain the following:
- The physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
- Specific identification of the copyrighted works alleged to have been infringed;
- The location of the copyrighted works on the Site or the App;
- The contact information of the notifying person(s) including, if available, an address, telephone number, fax number, and email address;
- A statement that the notifying person(s) 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
- A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) is authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Site or the App infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Upon receipt of a notice of infringement, CSC ServiceWorks will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification if desired.
All notices of infringement and counter-notifications may be sent to email@example.com.
You agree that you will not use the Service, the Site or 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 Service, the Site or the App. Specifically, you are prohibited from:
- Reproducing, preparing derivative works of, distributing, performing publicly, displaying publicly, scraping, framing, hacking, reverse engineering, crawling, or aggregating the Site or the App;
- Transmitting unsolicited commercial messages through the Site or the App or to users of the Site or the App;
- Imposing a disproportionate load on the Site or the App or their server infrastructure or otherwise attempting to interfere with the operation of the Site or the App;
- Circumventing CSC ServiceWorks’ technological or security protection mechanisms;
- Using a robot, spider, scraper, or other automated technology to access the Site or the App;
- Attempting to gain access to the private data or personal information of a user of the Site or the App or a third-party contractor;
- Posting or transmitting content intended to collect personal information from users of the Site or the App or third-party contractors;
- Harassing, abusing, misleading or defaming a user of the Site or the App or any third-party contractor;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights of others; and
- Posting or transmitting content that constitutes fraud, pornography, sexually explicit content, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or any other unlawful matter.
We may provide the opportunity for you to provide certain User-generated content on the Site or in the App (such as, for example, User ratings or reviews). Users warrant that any content they upload or transmit through the Site or the App (“User Content”) is owned by the them or they have the appropriate rights to use the content in such a manner. The copyright of all content uploaded by any User is retained by the User, but by uploading the content you grant to CSC ServiceWorks an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive, worldwide, sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content in all forms of media now known or hereafter invented. By uploading or transmitting information using the Site or the App, Users expressly waive their rights to publicity and privacy with respect to the content.
We reserve the right to change, delete or remove, in part or in full, any User Content and to terminate or suspend access to such areas of the Site or the App for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our services. You shall not provide any User Content that is infringing, defamatory, unlawful, obscene, sexually explicit, harassing, threatening, abusive, illegal or otherwise improper.
We will also cooperate with local, state and/or federal authorities to comply with applicable law, subpoenas, court orders, or other judicial process.
You acknowledge and agree that CSC ServiceWorks is an interactive computer service provider under Section 230 of the Communications Decency Act. Though CSC ServiceWorks may edit, remove, or control User Content, if any, displayed through the Site or the App, you agree that CSC ServiceWorks will not be considered an information content provider and will not be held liable for the republication of tortious content created by third parties, whether through the Site, the App or otherwise.
Third Party Links
You acknowledge and agree that the Site or the App may contain links to third-party websites that are not owned or controlled by CSC ServiceWorks. CSC ServiceWorks is not responsible for and disclaims all liability for the content of third-party websites, and we suggest you carefully review the terms of service and privacy policies of those websites.
The App may be subject to United States export control laws, including the Export Control Reform Act and associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any location outside the United States.
United States Government Rights
The App is commercial computer software, as such term is defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the United States Government or any contractor for such an agency, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with: (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors; or (b) 48 C.F.R. § 12.212, with respect to all other United States Government licensees and their contractors.
Disclaimer of Warranties
CSC SERVICEWORKS PROVIDES THE SERVICE, THE SITE, AND THE APP ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
CSC SERVICEWORKS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE, THE SITE OR THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU (AND NOT CSC SERVICEWORKS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT, PHONE, AND/OR SOFTWARE AS A RESULT OF VISITING OR USING THE SITE OR THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Assumption of Risk
ATTENTION: THIS AGREEMENT CONTAINS SUBSTANTIAL AND SIGNIFICANT ASSUMPTION OF RISK, WAIVERS, AND RELEASES BELOW THAT AFFECT YOUR LEGAL RIGHTS.
YOU ACKNOWLEDGE THAT THE PICKUP, DELIVERY AND LAUNDERING SERVICES ARE PROVIDED BY THIRD-PARTY CONTRACTORS THAT ARE NOT UNDER THE CONTROL, MANAGEMENT, OR DIRECTION OF CSC SERVICEWORKS. CSC SERVICEWORKS DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY CONTRACTORS. THIRD-PARTY CONTRACTORS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CSC SERVICEWORKS. CSC SERVICEWORKS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY CONTRACTORS.
YOU ACKNOWLEDGE THAT THERE ARE RISKS IN YOUR USE OF THE SITE, THE APP, AND THE SERVICE, WHICH RISKS INCLUDE BUT ARE NOT LIMITED TO PROPERTY DAMAGE, THE LOSS, THEFT, DAMAGE, OR DESTRUCTION OF YOUR LAUNDRY OR PERSONAL ITEMS IN YOUR LAUNDRY BAG, DAMAGES FROM THE PUBLIC DISCLOSURE OR THEFT OF PERSONAL AND PRIVATE INFORMATION, LAUNDRY ITEMS, OR PERSONAL ITEMS, AND PERSONAL INJURY OR DEATH, INCLUDING FROM POTENTIAL INJURIOUS HAZARDS IN LAUNDRY BAGS AND LAUNDERED CLOTHES, ALLERGIC OR NEGATIVE REACTIONS FROM DETERGENTS USED, OR FROM THE ACTIONS OR INACTIONS OF THIRD-PARTY CONTRACTORS. EXCEPT AS EXPLICITLY PROVIDED IN THE “LAUNDRY PROMISE” SECTION OF THESE TERMS, YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY SERVICE OBTAINED FROM THIRD-PARTY CONTRACTORS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
EXCEPT AS EXPLICITLY PROVIDED IN THE “LAUNDRY PROMISE” SECTION OF THESE TERMS, BY YOUR AGREEMENT TO THESE TERMS OF SERVICE, YOU HEREBY RELEASE CSC SERVICEWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, NEGLIGENCE, NEGLIGENT ACTS, DAMAGES, LOSSES, AND INJURIES (PHYSICAL OR EMOTIONAL), WHATSOEVER, IN CONNECTION WITH YOUR USE OF THE SERVICE, THE APP, AND THE SITE, AND ANY ACTIONS OR INACTIONS OF THIRD-PARTY CONTRACTORS IN CONNECTION WITH THE SERVICE, THE APP, AND THE SITE.
Limitation of Remedies
UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CSC SERVICEWORKS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR INJURY THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR YOUR RELIANCE ON THE SERVICE, THE SITE, OR THE APP, EVEN IF CSC SERVICEWORKS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE REMEDY WITH RESPECT TO LOST OR DAMAGED ITEMS IS AS PROVIDED ABOVE IN “THE SERVICE” SECTION IN THE SUBSECTION ENTITLED “LAUNDRY PROMISE.”
IF, NOTWITHSTANDING THE FOREGOING, IT IS DETERMINED THAT CSC SERVICEWORKS OR ITS AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS IS LIABLE FOR DAMAGES, IN NO EVENT SHALL CSC SERVICEWORKS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THE SERVICE, THE SITE, OR THE APP EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE WITHIN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY (THE “DAMAGES LIMIT”).
FOR THE AVOIDANCE OF DOUBT, IN NO EVENT WILL CSC SERVICEWORKS’ LIABILITY EXCEED THE DAMAGES LIMIT. PAYMENT OF AMOUNTS UP TO THE DAMAGES LIMIT IS CSC SERVICEWORKS’ SOLE LIABILITY AND ITS ENTIRE AND MAXIMUM OBLIGATION IF IT IS DETERMINED THAT CSC SERVICEWORKS OR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS, OR DIRECTORS IS LIABLE FOR DAMAGES.
THE LIMITATIONS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CSC SERVICEWORKS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE GOVERNING LAW PROVISION SET FORTH BELOW.
Time Limitation on Actions
CSC SERVICEWORKS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, THE SITE, OR 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.
BY YOUR AGREEMENT TO THESE TERMS, YOU AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND CSC SERVICEWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS, AND FEES (INCLUDING ATTORNEYS’ FEES) THAT ARISE FROM YOUR: (1) CREATION OR USE OF AN ACCOUNT; (2) UPLOADING OR TRANSMITTING OF USER CONTENT; (3) VIOLATION OF ANY OF THESE TERMS; (4) VIOLATION OF THE RIGHTS OF THIRD PARTIES, INCLUDING RIGHTS OF PRIVACY OR PUBLICITY OR INTELLECTUAL PROPERTY RIGHTS; (5) VIOLATION OF ANY APPLICABLE LAW, STATUTE, REGULATION, OR ORDINANCE; (6) THE INCLUSION OF ANY PROHIBITED OR HAZARDOUS ITEMS IN YOUR LAUNDRY BAG FOR LAUNDERING SERVICES; AND (7) YOUR ACTION, INACTION, OR NEGLIGENCE THAT RESULTS IN DAMAGE, INJURY, OR DEATH TO A CSC SERVICEWORKS AGENT OR EMPLOYEE, A THIRD-PARTY CONTRACTOR, OR ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE SERVICE, THE SITE, OR THE APP.
Your obligation to defend CSC ServiceWorks under these Terms will not provide you with the right to control CSC ServiceWorks’ defense, and CSC ServiceWorks reserves the right to control its defense, choose to litigate or to settle a matter, and choose its counsel regardless of your contractual requirement to defend CSC ServiceWorks.
The Service and these Terms shall be governed in all respects by the laws of the United States, as applicable, and laws of the State of New York without regard to any conflicts of law principles.
Dispute Resolution – Mandatory Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Most User concerns can be resolved by contacting our customer service department at WashDryFold@cscsw.com or (833) 900-0545. In the event we cannot resolve a dispute with you, the provisions in this section govern the manner in which the dispute will be resolved.
Mandatory Binding Arbitration: You and CSC ServiceWorks agree that any dispute, claim or controversy between you and CSC ServiceWorks (including any of CSC ServiceWorks’ parents, subsidiaries, affiliates or related corporations, officers, directors, shareholders, members, employees, agents, or representatives) arising from (i) your use of the Service, the Site or the App, (ii) these Terms of Service, or (iii) the actions or inactions of third-party contractors performing the laundry services, whether based on contract, in tort, upon a statute, or on any other legal theory, shall be decided by binding arbitration administered by JAMS (https://www.jamsadr.com/) and conducted pursuant to its Streamlined Arbitration Rules and Procedures. If JAMS is not available or declines to administer the arbitration, the parties shall agree to select an alternative arbitration administrator.
YOU AND WE HEREBY WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW (EXCEPT THOSE CLAIMS WITHIN THE JURISDICTION OF SMALL CLAIMS COURT), AND WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY APPLICABLE STATE AND FEDERAL LAW.
You agree that, by entering into this agreement and engaging in interstate commerce by using the Service, the Site, or the App, the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Exception to Mandatory Arbitration: This mandatory arbitration requirement does not apply to: (1) disputes that are within the jurisdiction of small claims court – you or we may still seek relief from either the small claims court with jurisdiction over the applicable claim or arbitrate the dispute with JAMS; or (2) intellectual property disputes.
Required Pre-Arbitration Notice of Disputes: If you or we intend to seek arbitration of a dispute, then the party that intends to seek arbitration must first send to the other a written notice of dispute (“Notice”). The Notice must include: (1) the party’s name, address and email contact; (2) a description of the nature and basis of the dispute; and (3) an explanation of the specific relief sought, including an approximation of any damages being claimed. If you and we do not reach an agreement to resolve the dispute within 60 calendar days after the Notice is received (provided that it contains all required information), then you or we may commence an arbitration proceeding. Please visit https://www.jamsadr.com/ for more information about how to commence an arbitration.
Arbitration Process: You and we agree that arbitration will involve a single, neutral arbitrator to decide a dispute. You and we will jointly agree upon the arbitrator from a list of potential arbitrators (and in the event we cannot agree, an arbitrator will be appointed by JAMS).
We will pay the filing fee for any arbitration we commence, and we further agree that your filing fee for arbitration will be capped at the amount set by JAMS for consumer arbitrations (currently, this amount is $250, but JAMS may change it any time). We generally will pay other fees as required by JAMS, including the case management fee and any professional fees for the arbitrator’s services; however, the arbitrator shall award costs and reasonable attorneys’ fees to the prevailing party, except where prohibited by applicable law.
In arbitration you have the right, at your own expense, to be represented by an attorney or representative of your choosing. You and we will have an opportunity to conduct reasonable discovery of non-privileged documents and information relevant to the dispute. You and we will have the right to subpoena witnesses to provide testimony for the arbitration hearing and to cross-examine the other party’s witnesses.
You and we agree that any in-person arbitration hearing will be conducted in the United States within 25 miles of the delivery/pick-up location for your Account. You and we may also agree to conduct an arbitration hearing via telephone or virtual proceeding or to waive the arbitration hearing and submit the dispute to the arbitrator based on the documentary evidence and written submissions.
The arbitrator shall be permitted to award any relief available in a court of law. The arbitrator’s award will consist of a written statement stating the decision on each claim and will provide a concise statement of the essential findings and conclusions on which the award is based. The decision of the arbitrator will be final and binding on both you and us and shall be subject to review only as provided by the Federal Arbitration Act. Any judgment on the award rendered by the arbitrator may be entered by any court of competent jurisdiction.
This agreement to arbitrate shall survive termination of the Terms of Service and the termination of your use of the Service, the Site or the App.
Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CSC SERVICEWORKS EACH AGREE THAT ANY CLAIMS, CAUSES OF ACTION, OR DISPUTES BETWEEN THE PARTIES SHALL NOT BE CONDUCTED AS, OR CONSOLIDATED WITH, A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE ACTION WHETHER SUCH PROCEEDING IS IN COURT, IN AN ARBITRATION, OR IN ANY OTHER FORUM. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, SEEK RELIEF ON A CLASS BASIS, OR PARTICIPATE AS A MEMBER OF A CLASS IN ANY PROCEEDING AGAINST THE OTHER PARTY. YOU AND CSC SERVICEWORKS 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 PROCEEDING BETWEEN THE PARTIES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED WITH OR PROCEED AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION FOR ANY PURPOSE.
Any claim arising out of the Service, the Site or the App that is not required to be arbitrated pursuant to the arbitration agreement above shall be brought exclusively in the state or federal courts located in New York County, New York. You and we agree that the state or federal courts in New York County, New York shall have personal jurisdiction over us for the purpose of litigating all such claims.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under these Terms and the Service. CSC ServiceWorks may assign its rights and obligations at any time.
If any provision of these Terms 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.
You understand and agree that no provision of these Terms 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. No failure on the part of CSC ServiceWorks to enforce any part of these Terms shall constitute a waiver of any of CSC ServiceWorks’ rights under the Terms or applicable law.
These Terms, the incorporated Privacy Notice, and the incorporated License Agreement for the App constitute the entire agreement between the parties with respect to Users’ use of the Service, the Site, and the App. For Laundry Pros, the entire agreement also includes their Independent Contractor Agreement with CSC ServiceWorks. There are no further understandings, agreements, or representations with respect to the subject matter of these Terms. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind CSC ServiceWorks.
Reservation of Rights
All rights not expressly granted herein are reserved to CSC ServiceWorks.
If you are dissatisfied with the Service, the Site, or the App, or have other feedback or requests for technical support, please contact us at:
Telephone: (833) 900-0545
Mail: CSC ServiceWorks, Inc.
Attn: Customer Support Specialist Team
3201 W. Royal Lane, Suite 100
Irving, TX 75063