These Terms and Conditions, including any terms and conditions incorporated herein by reference, (collectively, the “Terms”) govern the provision of the Services (as defined below) by College Laundry, LLC (“College Laundry”) to its customers. For the purposes of these Terms, any reference to “you” or “your” means the person who is engaging College Laundry to provide the Services and whose Credit Card information is being provided in accordance with Paragraph 2 below. In the event that the Services will be provided to a person other than you, such as your child, that person is referred to in these Terms as the “Student”.
By clicking the “Accept” button, you (i) acknowledge that you are more than eighteen (18) years of age, (ii) agree to be bound by these Terms, and (iii) acknowledge and agree that you shall use your best efforts to cause the Student, if applicable, to comply with these Terms. Please note that College Laundry reserves the right to change or modify these Terms, including any terms and conditions incorporated herein by reference, at any time and in its sole discretion. If College Laundry modifies these Terms, it will notify you either by sending an e-mail or by posting such modification on its website. Your or the Student’s (if applicable) continued use of the Services will constitute your acceptance of the Terms as modified.
- Services. You have engaged College Laundry to provide the services (the “Services”) selected by you in the “Plans” portion of this website (the terms of which are incorporated herein by this reference) to you or the Student, as applicable, in accordance with the “How it Works” and “FAQs” portion of this website (the terms of which are incorporated herein by this reference).
- Billing and Payment. In order to receive the Services, you agree to pay fees and certain other amounts (the “Fees”) to College Laundry in accordance with the “Fee Schedule” portion of this website (which is incorporated herein by this reference). In order to pay the Fees, you agree to provide College Laundry with the information necessary or appropriate for it to charge a valid credit card issued to you (the “Credit Card”), and you further agree that you will immediately, upon request, advise College Laundry of any change to the information provided with respect to such Credit Card including, without limitation, any change resulting from the issuance of a replacement for such Credit Card. You represent and warrant that you are authorized to use the Credit Card to pay any amounts due to College Laundry with respect to the Services, and you authorize College Laundry (or a third-party payment processor engaged by College Laundry) to charge the Credit Card, in full, for the initial registration fee for the Services and any other charges incurred in connection with the Services, including any applicable taxes and fees. College Laundry’s fees for the Services will be charged to the Credit Card on the 4th day of each calendar month (or the first business day thereafter if the 4th day of a month falls on a Saturday, Sunday or holiday), except that College Laundry may, in its discretion, defer charging the Credit Card for any calendar month if the total amount due to College Laundry on the 4th day of that calendar month does not exceed Ten and 00/100 Dollars ($10.00), in which case the deferred amount, plus any additional charges, taxes and fees incurred and any deferred amounts from prior months, may be charged by College Laundry to the Credit Card on the 4th day of the immediately succeeding calendar month.
- Cancellation. You may cancel your agreement with College Laundry at any time. In addition, College Laundry may terminate its obligation to provide the Services to you in the event that you or the Student (if applicable) violate these Terms. Notwithstanding the foregoing, upon cancellation or termination of your agreement with College Laundry, (i) College Laundry will have no obligation to refund to you any portion of the Fees previously collected including, without limitation, any initial registration fee, (ii) and you authorize College Laundry to charge the Credit Card for any amounts incurred in connection with the Services prior to such cancellation or termination.
- Communications. You consent to receiving electronic communications from College Laundry regarding your account and the Services. These communications will be sent via e-mail to the e-mail address provided by you to College Laundry with respect to your account. You consent that any communications sent to you in this manner satisfy any requirement that you be notified in writing of any event or fact. You agree that you will immediately advise College Laundry of any change to the e-mail address associated with your account.
- Absence of Relationship. College Laundry is not affiliated with or sponsored by Elon University or any of its member institutions, nor are any of College Laundry’s products or services endorsed in any way by Elon University or any of its member institutions.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
- THE SERVICES PROVIDED BY COLLEGE LAUNDRY ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING: (I) College Laundry is not liable with respect to clothing items that bleed, shrink, or otherwise change as a result of normal laundering; (II) College Laundry is not liable with respect to damages to any “hand wash only” or “dry clean only” items of clothing that are included in a general laundry bag provided to College Laundry; and (III) College Laundry is not responsible with respect to damage resulting from any non-clothing items, such as money, jewelry and writing instruments, left in clothing provided to College Laundry for laundering or included in a general laundry BAG provided to College Laundry. College Laundry does not guarantee the removal of all stains on clothing laundered by College Laundry.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLEGE LAUNDRY OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE, WHETHER JOINTLY OR SEVERALLY, TO YOU OR THE STUDENT (IF APPLICABLE) OR TO ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO COLLEGE LAUNDRY’S PROVISION OF THE SERVICES.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COLLEGE LAUNDRY OR ITS MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES, COLLECTIVELY, ARISING OUT OF OR IN ANY WAY RELATED TO COLLEGE LAUNDRY’S PROVISION OF THE SERVICES EXCEED THE AMOUNT THAT YOU PAID TO COLLEGE LAUNDRY DURING THE CALENDAR YEAR IN WHICH ANY CLAIM BY YOU OR THE STUDENT (IF APPLICABLE) AGAINST COLLEGE LAUNDRY AROSE.
- THE LIMITATIONS ON LIABILITY SET FORTH IN SUBPARAGRAPHS b. AND c. ABOVE SHALL NOT APPLY WITH RESPECT TO LIABILITY INCURRED AS A RESULT OF FRAUDULENT, GROSSLY NEGLIGENT, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT BY COLLEGE LAUNDRY OR ITS MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES.
- Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless College Laundry and its members, officers, directors, employees, agents, representatives, successors and assigns from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, mature or unmatured, in law or equity, whether in tort, contract or otherwise, including not limited to damages to property or personal injury, that are caused by, arise out of or are related to a violation of these Terms by you or by the Student (if applicable).
- Governing Law and Consent to Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflict of laws provisions. You agree that any dispute between you and College Laundry shall be resolved only in the courts of the State of North Carolina or the United States District Court for the Middle District of North Carolina and the appellate courts having jurisdiction of appeals in such courts. In that context, and without limiting the generality of the foregoing, you hereby irrevocably and unconditionally submit in any proceeding relating to these Terms or College Laundry’s provision of the Services, to the exclusive jurisdiction of the courts of the State of North Carolina, the courts of the United States of America for the Middle District of North Carolina, and appellate courts having jurisdiction of appeals from any of the foregoing.
- Entire Agreement. These Terms constitute the complete and exclusive agreement between you and College Laundry and supersede all other prior agreements, proposals, and representations, whether stated orally or in writing. No employee or agent of College Laundry is authorized to make any representations, warranties or agreements other than as set forth in these Terms.
- Severability. In the event that any provision in these Terms is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.
- Survival. The following paragraphs of these Terms will survive any expiration, cancellation or termination of these Terms and the cancellation or termination of your agreement with College Laundry for any reason: Paragraphs 2, 3, 4, 6, 7, 8, 9, 10 and 12.
- Miscellaneous. Your rights and obligations under these Terms may not be assigned by you without the prior written consent of College Laundry. No waiver of any provisions of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and College Laundry’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are intended solely for the benefit of you and College Laundry and are not intended to confer third party beneficiary rights upon any person or entity.