These Terms of Service (hereinafter "Agreement" or "Terms") together with our Privacy Policy available at https://Laundrytask.com/Privacy.php (the "Privacy Policy") constitute a binding legal agreement governing your utilization of the LaundryTask platform accessible at https://Laundrytask.com/ (the "Website") and our proprietary marketplace facilitating connections between laundry service providers and consumers seeking laundry services (the "Marketplace"), including all ancillary services accessible through the Website and the corresponding mobile application (the "Application"), all operated by Hubeos, LLC. (doing business as "LaundryTask").
For purposes of clarity and ease of reference: (a) the Website, Application, and all services and functionalities accessible through such channels, including the Marketplace, shall be collectively designated as the "Platform"; and (b) the term "User," "you," or "your" shall refer to: (i) you as an individual accessing and utilizing the Platform; and (ii) any entity or organization on whose behalf you are acting when utilizing the Platform, including any entity identified in any account established by you for Platform access (an "Account").
By manifesting acceptance of these Terms through affirmative conduct or by accessing and utilizing the Platform, you hereby: (a) acknowledge your agreement to be legally bound by all provisions contained herein; and (b) represent and warrant that you possess full legal authority to bind any person or entity on whose behalf you are utilizing the Platform, including any entity designated in your Account. Should you decline to accept these Terms in their entirety, you are expressly prohibited from accessing or utilizing the Platform.
CRITICAL NOTICE REGARDING MANDATORY ARBITRATION FOR U.S. CUSTOMERS AND LAUNDRY ASSOCIATES: YOUR ACCEPTANCE OF THESE TERMS CONSTITUTES AN AGREEMENT TO RESOLVE ALL DISPUTES BETWEEN YOU AND LAUNDRYTASK THROUGH BINDING, INDIVIDUAL ARBITRATION PROCEEDINGS RATHER THAN THROUGH JUDICIAL PROCEEDINGS IN A COURT OF LAW. PLEASE CAREFULLY REVIEW THE APPLICABLE ARBITRATION PROVISIONS SET FORTH IN THE SECTIONS BELOW.
LaundryTask operates as a technology platform provider that facilitates connections between individuals or commercial entities seeking specified laundry services (designated as "Customers") and self-employed individuals, business entities, or independent contractors willing to perform such laundry services (designated as "Laundry Associates"). Laundry Associates and Customers shall be collectively referred to herein as "Users." LaundryTask expressly disclaims any affiliation with or employment relationship to either Customers or Laundry Associates. LaundryTask's sole function is to provide a technological platform enabling Customers and Laundry Associates to establish contractual relationships pursuant to mutually agreed terms.
Laundry Associates operate exclusively as independent contractors providing services directly to Customers through the Platform. Laundry Associates do not provide services to LaundryTask and are neither employees, agents, nor representatives of LaundryTask in any capacity.
Users expressly acknowledge and agree that LaundryTask exercises no oversight, direction, control, or supervision over any Laundry Associate's work performance. Furthermore, LaundryTask makes no representations and assumes no responsibility regarding the quality, timeliness, legality, or any other aspect of services rendered through the Platform. LaundryTask bears no liability for any omissions, deficiencies, or substandard performance in the provision of laundry services. LaundryTask expressly disclaims all responsibility for any Laundry Associate's work product or performance standards.
Subject to the exception of the Dispute Resolution and arbitration provisions enumerated in Section 21, LaundryTask reserves the unilateral right to modify, amend, or update these Terms at its sole discretion. Any revised versions of these Terms shall have prospective effect only and shall not be applied retroactively. Each updated version shall clearly indicate its effective date. In circumstances where LaundryTask determines, in its good faith reasonable judgment, that modifications constitute a material change, LaundryTask shall provide notification to you via electronic mail, text message, or posting prominent notice through the Application or Platform.
It is incumbent upon you to review these Terms whenever modifications are implemented. Your continued utilization of the Platform following the posting of revised Terms shall constitute your acceptance of and agreement to such modifications. Should you decline to accept any modifications to these Terms, you must immediately cease all use of the Platform. Your continued Platform usage following any amendment constitutes unequivocal acceptance of the amended Terms. Notwithstanding the foregoing, any modifications to the Arbitration Agreement provisions contained in Section 21 shall not apply to disputes of which Users had actual notice on or before the date such modification was posted on the Platform.
Platform access is restricted to individuals who: have attained the age of eighteen (18) years or older; possess legal capacity to form binding contracts with LaundryTask; and have not previously been suspended, removed, or engaged in conduct warranting removal from the Platform. You represent and warrant that you possess full power and legal authority to enter into these Terms and that such action will not contravene any other agreement to which you are a party. You further agree that you shall not maintain more than one Account on the Platform.
Certain Platform features require Account establishment. LaundryTask reserves the absolute discretion to modify Account registration requirements and procedures and to approve or deny any Account application. You are obligated to provide accurate, complete, and current Account information (including Payment Information) and to maintain such information in updated form. Failure to comply may result in Account suspension or termination. To protect your Account security, maintain confidentiality of all Account credentials and passwords, and immediately notify LaundryTask of any unauthorized access. You bear full responsibility for all activities conducted under your Account. LaundryTask retains the right to disable any username, password, or identifier at any time in its exclusive discretion, with or without cause, including circumstances where LaundryTask determines you have violated any provision of these Terms. You consent that all information provided during Platform registration or usage, including through interactive features, shall be governed by our Privacy Policy, and you consent to all actions taken with respect to your information consistent with said Privacy Policy.
As an integral component of Platform services, LaundryTask may communicate with you via telephone calls to the number you provided and by transmitting SMS, MMS, notifications, or other text communications (collectively, "Text Messages"). Standard text messaging fees may apply. By registering for Platform access and providing your telephone number, you hereby provide express consent to receive telephone calls and Text Messages from LaundryTask. You further consent to receive promotional communications regarding offers and promotions. Such consent to promotional communications is not a prerequisite to Platform usage, and you retain the right to opt out at any time. To terminate Text Messages, respond "STOP" to any received message. You acknowledge that LaundryTask may send a final confirmation message regarding your opt-out. To cease voice communications, submit a written request to support@laundrytask.com, including your full legal name and all telephone numbers at which you wish to discontinue receiving calls.
At LaundryTask's exclusive discretion, Laundry Associates may be subject to investigation processes prior to registration and throughout their Marketplace participation. Such investigations may include, without limitation, identity verification and background screening procedures. Users hereby grant express permission to LaundryTask to conduct identity verification and background investigations. Consistent with their independent contractor status, Laundry Associates may bear financial responsibility for costs incurred by LaundryTask in conducting identity verification and background investigations.
If you are utilizing the Platform in the capacity of a Customer, the following provisions shall apply:
Through the Platform's functionality, you may submit service requests (each an "Order") to the Marketplace for Laundry Associates to retrieve, launder, dry, fold, and return your soiled laundry provided to such Laundry Associate(s) (collectively, "Laundry Services").
Each Order submission requires you to provide specified details on the Marketplace including, without limitation: your physical address or location; requested service times and dates; quantity of laundry bags; Payment Information (as defined hereinafter); and other relevant parameters as requested through the Platform (collectively, "Customer Information"). You represent, warrant, and covenant that all Customer Information submitted to the Marketplace is complete, truthful, accurate, and does not omit any material facts that would render such information misleading. You agree that: (i) such Order constitutes a revocable offer by you to purchase Laundry Services from a Laundry Associate through the Marketplace in accordance with these Terms; and (ii) all associated Customer Information submitted is complete, truthful, and accurate.
Upon acceptance of your Order by a Laundry Associate through the Platform, you shall receive prompt notification via the Platform that your Order has been confirmed, whereupon you become contractually bound for the performance of such Laundry Services.
Following pickup, laundering, drying, folding, packaging, and weighing of your laundry by a Laundry Associate, you shall receive Platform notification of the total cost for applicable Laundry Services (the "Platform Service Fee"), which shall be charged to your Account by our designated payment processor (specifically, Stripe) via your selected payment method. The Platform Service Fee is calculated based upon the weight of your laundry as determined after completion of laundering, drying, folding, packaging, and weighing by the Laundry Associate. Additionally, you may incur a fee of eight dollars ($8) for each oversized item included in your Order.
You shall be assessed a Trust and Safety Fee of three dollars ($3) per Order accepted and performed by Laundry Associates. This fee is designated to cover operational costs associated with maintaining a secure Platform environment for both Customers and Laundry Associates. Additional fees may be assessed for circumstances including, without limitation: unsafe or unsanitary laundry items; surge pricing conditions; or missed pickup appointments. Additional information regarding potential fees is available at the designated link. Continued Platform usage following any modification to fee calculations constitutes your acceptance of such changes.
You may provide an optional gratuity to the Laundry Associate, which shall be remitted in full to the Laundry Associate less any processing fees charged by our third-party payment processor (designated as "Gratuity").
Following delivery of laundered items, Laundry Associates assume no responsibility or liability for theft, loss, or damage to delivered items.
Upon formation of a contractual relationship with a Laundry Associate for Laundry Services, you agree to remit the Platform Service Fee and any additional fees and costs in accordance with these Terms. In the event of payment card decline or processing failure, LaundryTask may suspend or terminate your Platform access.
You may cancel Laundry Services in writing or through the Platform at any time prior to the Laundry Associate initiating such services without penalty or charge to your Account. However, cancellation after the Laundry Associate has commenced transit to your pickup location shall result in assessment of a ten dollar ($10) cancellation fee (the "Cancellation Fee"). The burden of proving transit status at the time of cancellation notification rests with the Laundry Associate. Once the Laundry Associate has retrieved your laundry and commenced laundering operations, Order cancellation shall not be permitted, and you shall remain liable for the entire Platform Service Fee and all other fees and costs to which you agreed.
You acknowledge and agree that any Order violating these Terms may be cancelled by LaundryTask. You further acknowledge and agree that you may be removed from the Platform for any conduct violating these Terms.
All refund requests submitted in connection with damaged or lost garments must be submitted within thirty (30) calendar days following completion of the Laundry Services and must include reasonable documentation regarding such damaged garments. LaundryTask reserves the right to review and reject any such claims in LaundryTask's sole and absolute discretion.
If you are utilizing the Platform in the capacity of a Laundry Associate, the following provisions shall apply:
In performing services or fulfilling any obligations under these Terms, you agree that you shall be and remain at all times an independent contractor in fact and in law, and not an employee of LaundryTask or any Customer. You acknowledge that these Terms do not constitute an employment agreement and do not create any employment relationship between LaundryTask and you. No joint venture, partnership, or agency relationship exists between LaundryTask and you. The relationship between LaundryTask and you under these Terms is temporary in nature and not permanent. You possess no authority to bind LaundryTask or its affiliates, and you shall not represent yourself as an employee, agent, or authorized representative of LaundryTask or its affiliates.
You may register through the Platform to establish an account enabling you to provide Laundry Services as a Laundry Associate to Customers. Following registration confirmation, you must provide specified verifying information and details regarding your Laundry Services, including without limitation: geographic location; physical address; emergency contact information; number of available laundry machines; and any other information reasonably requested by LaundryTask (collectively, "Laundry Associate Information"). You consent to the collection of such information and represent, warrant, and covenant that: (i) all Laundry Associate Information submitted to the Marketplace Platform is complete, truthful, and accurate; (ii) you have obtained permission and consent to provide any third-party information (including emergency contact information); and (iii) you possess necessary equipment and capability to perform the Laundry Services.
After providing Laundry Associate Information, you may accept Customer Orders via the Marketplace. Orders shall provide information regarding requested Laundry Services, including laundry bag quantity and estimated Laundry Service Payment. Upon Order acceptance, you assume responsibility for retrieving Customers' laundry and performing requested Laundry Services. You are responsible for tracking the status of all Laundry Services provided to Customers and for noting completion status through the Marketplace.
Upon Order acceptance, you agree to exercise best efforts to perform such Laundry Services. Should cancellation of an accepted Order become necessary, you must process such cancellation through the Platform. Failure to notify a Customer of Order cancellation within four (4) hours of the designated Pick-Up Deadline shall be recorded as an Unauthorized Cancellation ("UC"). UC rates exceeding ten percent (10%) of your accepted Orders shall constitute a material breach of these Terms and may result in Platform access termination, deactivation, or restriction. Failure to meet designated pickup and delivery deadlines for accepted Orders shall constitute a breach of these Terms.
You represent and warrant that: (a) you possess full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term shall not enter into, any agreement preventing compliance with this Agreement; (c) you are capable of performing services accepted on the Platform; and (d) you shall comply with all applicable laws in performing this Agreement, including maintaining Laundry Services licenses as required by applicable law. You represent and warrant that you shall provide Laundry Services to Customers in a timely, high-quality manner, in a safe, secure, and appropriate environment complying with all applicable laws, regulations, and building codes, and in accordance with industry best practices. You shall ensure that all laundry subject to your Laundry Services is not tampered with, damaged, or modified except as expressly authorized by the applicable Customer. You agree that you shall bear sole responsibility for any damage or loss occurring with respect to any laundry collected or received when performing Laundry Services.
Following laundering, drying, and folding operations, you shall package and weigh the laundry, inputting weight data into the Platform. LaundryTask shall calculate the Laundry Service Payment, which is predominantly based upon laundry weight, and process payment to you accordingly.
In circumstances where a Customer cancels Laundry Services while you are in transit to the pickup location, or where you arrive at the Customer's designated location and no laundry is available for pickup, you shall be entitled to a cancellation payment of seven dollars and fifty cents ($7.50) (the "Cancellation Payment") upon demonstration that you were in transit to or arrived at the Customer's location. Additionally, you shall be entitled to receive the entirety of any tip, boost, or gratuity provided by the Customer via the Platform, less any processing fees charged by our third-party payment processor (designated as "Gratuity"). LaundryTask shall process all payments due to you through its payment processor. You acknowledge and consent that such amounts shall not include interest and shall be net of any amounts LaundryTask is required by law to withhold.
As an independent contractor Laundry Associate, you hereby agree to provide LaundryTask with IRS Form W-9 and consent to LaundryTask providing you with Form 1099 and any other tax documentation (collectively, "Tax Information") via electronic mail, thereby waiving your right to receive such Tax Information via postal mail or in hard copy format.
You shall be entitled to receive your applicable Laundry Service Payment, Cancellation Payment, and Gratuity for Laundry Services performed for Orders accepted through the Platform.
LaundryTask endeavors to ensure Customer satisfaction with Laundry Services provided by Laundry Associates; however, LaundryTask acknowledges that such satisfaction may not be universally achieved. When a Customer expresses dissatisfaction with provided Laundry Services and such dissatisfaction is reported to LaundryTask (including, without limitation, concerning damaged or lost garments or laundry weight discrepancies), LaundryTask may, at its discretion, issue refunds or adjust the Platform Service Fee and any components thereof for such Order. Consequently, this may affect compensation paid to the Laundry Associate. Such instances are designated as "Order Disputes." Order Disputes include, without limitation: (a) circumstances where a Laundry Associate is incapable of or unwilling to adequately perform agreed Laundry Services; (b) circumstances where a Laundry Associate inaccurately verifies laundry weight into the Platform, resulting in overpayment or potential overpayment; (c) circumstances where, during Order performance, a Laundry Associate damages or loses garments, fails to comply with safety or health standards, or fails to comply with customer requests required by the particular Order's nature. Upon receipt of an Order Dispute submission, LaundryTask shall conduct an investigation, which may require the Laundry Associate to return to the Customer's residence to reweigh laundry. Following receipt of an Order Dispute, LaundryTask shall contact both Laundry Associates and Customers to obtain relevant information. Based upon investigation findings and in LaundryTask's sole discretion, LaundryTask may seek reimbursement from the Laundry Associate through deduction of all or part of the Laundry Service Payment, provide additional payment to the Laundry Associate, or reimburse the Customer a full or partial amount of the Platform Service Fee.
AS A CUSTOMER, YOUR PLATFORM USAGE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION AGREEMENT. BY UTILIZING THE PLATFORM, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN JUDICIAL PROCEEDINGS IN A COURT OF LAW. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING FROM OR CONNECTED WITH YOUR PLATFORM USAGE OR THESE TERMS IN ANY JUDICIAL FORUM, EXCEPT AS EXPRESSLY PROVIDED IN SUBSECTION (B) BELOW.
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Customer and LaundryTask mutually agree that any and all disputes, claims, or controversies (whether grounded in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising from or relating to Platform usage, these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, including determinations regarding the scope or applicability of this Arbitration Agreement (hereinafter individually a "Claim" or collectively "Claims"), shall be resolved through binding arbitration before a single arbitrator. Arbitration proceedings shall be administered by the American Arbitration Association ("AAA") in accordance with AAA Commercial Arbitration Rules (the "AAA Rules") in effect on the arbitration filing date; provided, however, that in the event of conflict between AAA Rules and this Agreement, this Agreement shall govern. The arbitrator shall possess authority to determine the arbitrability of any Claim. Covered Claims include disputes against LaundryTask, its parent entities, subsidiaries, affiliates, or related entities, and their respective officers, directors, owners, employees, or agents. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving interstate commerce. To the extent the Federal Arbitration Act is inapplicable, the laws of the state where the Laundry Associate last performed services shall apply.
All Claims shall be determined by an arbitrator rather than by a judge or jury, and arbitration awards shall be final and binding upon Customer and LaundryTask. Subject to limitations stated herein, Customer and LaundryTask hereby waive the right to assert any Claim in any judicial forum. As specified in Subsection C below, all arbitration proceedings shall be conducted on an individual basis, and class or collective actions in arbitration are expressly prohibited.
The parties agree not to invoke arbitration rights for any individual Claim brought in small claims court or equivalent jurisdictional court, provided such Claim remains pending exclusively in that court. Additionally, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in connection with an arbitrable controversy. All determinations of final relief, however, shall be decided through arbitration.
Customer and LaundryTask agree to bring any Claim on an individual basis and not on a class and/or collective action basis. Accordingly, there shall be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action, and the Arbitrator shall possess no authority to hear or preside over any such claim (the "Class Action Waiver"). The Class Action Waiver shall be severable from this Agreement in the event of a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such circumstances, any class or collective action must be litigated in a civil court of competent jurisdiction—not through arbitration—but any enforceable portion of the Class Action Waiver shall be enforced through arbitration.
The parties shall follow AAA Rules regarding payment of arbitration fees. Unless the parties agree to extend the payment due date, parties must remit their respective required fees or costs within sixty (60) days following the arbitrator's invoice date. Each party shall bear its own costs and attorneys' fees; provided, however, that if any party prevails on a claim affording the prevailing party attorneys' fees, the Arbitrator is authorized to award reasonable fees to the prevailing party as provided by law. The Arbitrator shall resolve any disputes regarding arbitration-associated costs or fees.
A single arbitrator shall resolve all Claims. The arbitration venue shall be the state in which you maintain legal residence. You possess the right to an in-person arbitration hearing for your Claim should you elect such hearing. Any such hearing shall take place within the federal judicial district in which you reside, or in a reasonably convenient location as mutually agreed by the parties. The arbitrator shall be either a retired judge or an attorney with at least ten (10) years of experience and shall be selected by the parties; provided, however, that if the parties cannot agree upon an arbitrator, the arbitrator shall be selected in accordance with AAA Rules.
The Arbitrator may award all remedies to which a party in his or her individual capacity is entitled under applicable law and which would otherwise be available in a court of law, but shall not possess authority to award remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply applicable state or federal substantive law, or both. Either party may file motions to dismiss and/or motions for summary judgment, and the Arbitrator shall apply the standards of the Federal Rules of Civil Procedure governing such motions.
Discovery or exchange of non-privileged information relevant to the dispute shall be permitted, with consideration given to the expedited nature of arbitration, the reasonable need for requested information, the availability of alternative discovery options, and the burdensomeness of requests on the opposing party.
The Arbitrator's reasoned decision or award shall be rendered in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court possessing jurisdiction.
To the extent permitted by applicable law and to increase resolution efficiency, in circumstances where twenty-five (25) or more arbitration demands of similar nature are filed against LaundryTask, presented by or with assistance or involvement of the same law firm or organization, the parties agree such circumstances constitute "Mass Arbitration" and the following unique terms and procedures shall apply:
1. The parties agree Mass Arbitration demands are of "similar nature" if they arise from or relate to similar factual scenarios and raise the same or similar legal issues and seek the same or similar relief.
2. The parties mutually agree that after a party initiates a claim by submitting individual written arbitration demands, and prior to initiation of any arbitration proceedings, the parties must engage in a single mediation of Mass Arbitration claims. The mediator shall be mutually selected by the parties; in the event parties cannot mutually select a mediator, the mediator shall be selected pursuant to AAA Rules. Unless otherwise prohibited by applicable law, an arbitrator and/or any arbitration sponsoring organization is without authority to accept or administer any arbitration demand, or assess or demand arbitration fees, unless and until the parties have completed mediation of asserted claims.
3. In the event Mass Arbitration claims mediation is unsuccessful, the Parties shall cooperate to group arbitration demands into randomized batches containing no more than one hundred (100) demands per batch. To the extent fewer than one hundred (100) arbitration demands remain after the previously described batching, a final batch shall consist of remaining demands. You agree to cooperate in good faith with the Company and AAA to implement such batch approach to dispute resolution and fee assessment. Disagreements over batch arbitration process applicability shall be promptly resolved in a single, consolidated arbitration proceeding including all affected parties and resolved by a single "Administrative Arbitrator" separately appointed by AAA.
4. AAA shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, with administrative and filing fees assessed per batch.
5. A separate arbitrator shall be appointed to, and administrative and filing fees assessed for, each batch of demands.
6. This Batch Arbitration provision shall in no manner be interpreted as authorizing class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section.
7. Except where prohibited by law, the Parties shall evenly split the arbitrator's fees and all other arbitration costs charged by AAA for any such Mass Arbitration claims. You hereby acknowledge and agree that you and other batch claimants shall evenly split the arbitrator's fees and other arbitration costs.
8. Except where prohibited by law, the arbitrator shall award Mass Arbitration costs and expenses, including attorneys' fees, to the prevailing party as determined by the arbitrator.
Subject to Subsection C, in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement shall remain enforceable.
Users acknowledge and consent that a binding contract is formed when they consent to terms with another User for services. The terms of such contract include these Terms and any contractual provisions mutually agreed upon by both the Laundry Associate and Customer on the Marketplace to the extent such provisions do not conflict with these Terms. Such terms do not expand LaundryTask's obligations and do not restrict LaundryTask's rights under these Terms. Users consent that LaundryTask is not a party to any contract or service agreement between Users. The formation of such contract shall not, under any circumstances, create an employment, joint venture, partnership, agency, or other service relationship between LaundryTask and any Laundry Associate. The business relationship between LaundryTask and Laundry Associates under these Terms is temporary in nature and not permanent. These Terms do not constitute an employment agreement and do not create any employment relationship between LaundryTask and Laundry Associates.
You hereby represent and affirm that you shall respect the privacy, property, and data protection rights of all Users. You further represent and affirm that you shall fulfill all commitments made to other Users and shall act professionally and responsibly in all interactions with other Users.
A Customer shall remit payment to a Laundry Associate for services through the Platform's designated payment processor (specifically, Stripe) as indicated on the Marketplace at rates specified on the Marketplace. All Users consent to these Terms during the appointment, performance, and completion of any contract for Laundry Services. All Users agree that any tip or gratuity must be transacted exclusively through the Marketplace and that any cash tips or gratuities constitute a breach of these Terms.
LaundryTask shall not be liable if, through no direction or action of LaundryTask, all or any portion of the Marketplace is unavailable at any time or for any time period. LaundryTask shall not, under any legal theory whether grounded in contract, tort, or any other legal theory, arising from or in connection with your use or inability to use the Marketplace, be liable for damages of any kind, including any indirect, special, incidental, consequential, or punitive damages, including without limitation personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, even if such damages were foreseeable.
As set forth in these Terms, LaundryTask itself does not perform Laundry Services and does not employ individuals to perform such Laundry Services. LaundryTask operates as a technology company constituting a qualified marketplace under laws recognizing such platforms for businesses that operate digital websites or applications facilitating the provision of services by qualified marketplace contractors to individuals or entities seeking such services. Each User assumes all responsibility and liability for proper classification of such Users based upon applicable legal guidelines.
Users possess no authority to enter into or otherwise bind LaundryTask with written or oral, express or implied contracts on behalf of LaundryTask. Each User affirms that LaundryTask does not oversee, direct, control, or scrutinize in any manner a Laundry Associate's work or services performed.
LaundryTask does not establish or dictate a Laundry Associate's work hours or work location. Laundry Associates exercise sole discretion in choosing whether to accept Orders, the frequency of Order acceptance, and the manner in which Laundry Associates provide services. LaundryTask provides no guarantee of any minimum Orders.
Laundry Associates may hire and utilize employees and independent contractors to provide services relating to completion of Orders they have accepted on the Marketplace.
LaundryTask does not provide any equipment or labor required for contracted services by Laundry Associates. Laundry Associates must provide all equipment, labor, and materials necessary to perform any laundry services pursuant to engagements entered into on the Marketplace. LaundryTask does not provide uniforms to Laundry Associates. LaundryTask does not provide expense reimbursement to Laundry Associates.
LaundryTask provides no supervision of Laundry Associates. Laundry Associates bear sole responsibility for Laundry Services performance. LaundryTask shall not provide Laundry Associates with mandatory training regarding services provided and exercises no control over the manner in which Laundry Services are provided.
Nothing in these Terms is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) Laundry Associates from engaging in any other business activities, services, or projects that are separate and distinct from any business activities conducted through the Platform. LaundryTask anticipates that Laundry Associates will provide similar services through other platforms and for other parties. LaundryTask expressly acknowledges that Laundry Associates may earn income from other sources and expects Laundry Associates will do so.
The Marketplace does not constitute an employment service, nor is LaundryTask an employer of any User. Accordingly, LaundryTask bears no responsibility and shall not be held liable for any tax payments or withholding due as a result of services rendered. For all purposes, including without limitation the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding requirements, and all other federal, state, and local laws, rules, and regulations, Laundry Associates are and shall be treated as independent contractors providing services to Customers on the Platform and not as LaundryTask employees or independent contractors. Accordingly, LaundryTask shall not withhold any employment taxes from any compensation paid to Laundry Associates under these Terms, and Laundry Associates shall bear sole responsibility for reporting and payment of all federal, state, and local taxes or contributions imposed or required under unemployment insurance, social security, medical insurance, income tax, or other applicable laws, rules, or regulations with respect to performance or rendering of services through the Platform and/or under these Terms.
Laundry Associates shall not take any position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving LaundryTask, that is inconsistent with Laundry Associates being independent contractors (and not employees) of LaundryTask.
Laundry Associates, their affiliates, employees, and subcontractors are not eligible for, nor shall they participate in, any LaundryTask pension plan, health or disability plan, health insurance, general liability insurance, automobile liability insurance, or other insurance or fringe benefit plan of any kind.
Laundry Associates agree to maintain at all times during the term of this Agreement adequate insurance providing coverage levels that may adequately address any injury Laundry Associates may sustain in the course and scope of fulfilling a Laundry Order (designated as "Occupational Accident Insurance" or "OAI").
In the event that Laundry Associates' actions or the actions of their affiliates, employees, or subcontractors cause injury to a third party while working in the course and scope of providing Laundry Services or other activities covered by these Terms, Laundry Associates acknowledge and understand that they shall not be covered by any general liability or automobile liability insurance coverage that LaundryTask may maintain, and that LaundryTask is not making any commitment to defend and/or indemnify them in such circumstances, and specifically denies any such obligation.
Laundry Associates are required to expeditiously notify LaundryTask at support@laundrytask.com of any accidents or emergencies occurring while performing Laundry Services and to cooperate and provide all necessary information related thereto. Notwithstanding the foregoing, Laundry Associates shall not provide or otherwise disclose to LaundryTask or its affiliates any personal health information ("PHI") in violation of any applicable law, including the Health Insurance Portability and Accountability Act ("HIPAA").
Laundry Associates, their affiliates, employees, and subcontractors are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by Laundry Associates. Laundry Associates are obligated to pay federal and state income tax on any compensation received pursuant to their contractual relationship with LaundryTask or Customers.
Laundry Associates, their affiliates, employees, and subcontractors are not entitled to LaundryTask's workers' compensation benefits unless workers' compensation coverage is provided by Laundry Associates. In the event that Laundry Associates, their affiliates, employees, or subcontractors are injured while working in the course and scope of an Order, Laundry Associates acknowledge and understand that they shall not be covered by any workers' compensation insurance coverage that LaundryTask may provide to its employees.
Laundry Associates agree to indemnify, defend, and hold harmless LaundryTask, its licensors, and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents from and against any and all claims, costs, expenses, penalties, damages (including attorneys' fees), losses, liabilities, and expenses arising from or in connection with: (a) any claim based upon any alleged misuse of the Platform by you (including by any of your affiliates, employees, or subcontractors), or any claim that User data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct constituting a breach of your representations and warranties set forth herein, or other breach of these Terms; (c) violation of applicable law by you or your affiliates, employees, or subcontractors; (d) any claim based upon negligent or intentional acts by you or your affiliates, employees, or subcontractors; (e) your alleged misuse of the Platform; (f) matters related to any Order you accept, including any claims by any third party or government agency that you were misclassified as an independent contractor or employee of a Customer, and any claim that LaundryTask was an employer or joint employer of you and/or any of your affiliates, employees, or subcontractors, and related legal claims under any employment laws, including without limitation the Fair Labor Standards Act, Social Security, the Internal Revenue Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act, the National Labor Relations Act, state unemployment or workers' compensation laws, state wage and hour laws, and any other law.
Customers are required to provide information relevant to payment processing, including credit or debit card number, card expiration date, bank information (including routing number and account information), and email and postal addresses for billing and notification purposes (collectively, "Payment Information"). Customers represent and warrant that they possess the legal right to use all payment methods represented by such Payment Information. Upon Order placement, Customers authorize LaundryTask to provide Customer Payment Information to third parties for payment processing of Laundry Services (plus any applicable taxes, charges, and fees). You may be required to provide additional information to verify your identity before completing payment (such information is included within the definition of Payment Information). By initiating payment, you agree to the pricing, payment, and billing policies applicable to such fees and charges as posted or otherwise communicated to you. All payments are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
Payment processing services for LaundryTask are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, incorporated herein by reference (collectively, the "Stripe Services Agreement"). By accepting these Terms or continuing to operate as a Laundry Associate on LaundryTask, you agree to be bound by the Stripe Services Agreement, as it may be modified by Stripe from time to time. As a condition of LaundryTask enabling payment processing services through Stripe, you agree to provide LaundryTask accurate and complete information about you and your business, and you authorize LaundryTask to share such information and transaction information related to your use of payment processing services provided by Stripe.
LaundryTask reserves the right, upon request from Customer or Laundry Associate or upon notice of any potential fraud, unauthorized charges, or other misuse of the Marketplace, to place any payment on hold, provide credits, or arrange for the payment processor to do so.
These Terms expressly prohibit accepting cash or any form of payment outside the Platform application for providing Laundry Services through the Platform. Customers must remit payment for the Platform and provide gratuities through the Marketplace. Laundry Associates may not request payment or otherwise solicit any tips or other payments outside of the Marketplace.
Marketplace Users contract for services directly with other Users. LaundryTask is not and shall not be a participant in any contracts for Laundry Services. LaundryTask facilitates payment for Laundry Services through the Marketplace from Customer to Laundry Associate. LaundryTask bears no obligation to pay Laundry Associates in the event of Customer failure to pay for Laundry Services.
In connection with the Platform, Customers may access a rewards program (the "Rewards Program"), which may include referral bonuses, personalized loyalty reward experiences, and related offers, discounts, and targeted promotions (collectively, "Rewards"). You agree to the terms of the Rewards Program available at the designated link.
LaundryTask may from time to time provide certain promotional opportunities, sweepstakes, or contests to Customers. All such customer promotions shall be conducted at the entire discretion of LaundryTask. They may be activated, modified, or removed at any time by LaundryTask without advance notification. The liability of any LaundryTask Customers pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms.
First-time customer credits are redeemable only once per individual and household. Multiple accounts created by one individual or household shall result in credit removal, LaundryTask Account deactivation, and possible collection of service fees.
LaundryTask appreciates feedback, comments, ideas, proposals, and suggestions for improvements to the Platform, Marketplace, or other LaundryTask technology (collectively, "Feedback"). If you elect to submit Feedback, you agree that LaundryTask is free to use such Feedback without any restriction or compensation to you, and you warrant that you possess the right to provide LaundryTask with such Feedback without infringement or violation of any third-party rights.
The Platform may allow you to store, transmit, post, or share content such as text (in posts or communications with others), files, documents, graphics, images, audio, video, and other materials (including, without limitation, photographs of laundry, Laundry Associate Information, or Customer Information). Anything (other than Feedback) that you post or otherwise make available through the Platform is referred to as "User Content." LaundryTask claims no ownership rights in any User Content, and nothing in these Terms shall be deemed to restrict any rights that you may have to your User Content outside of the Platform.
By making any User Content available through the Platform, you hereby grant to LaundryTask a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense through one or more tiers, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Platform.
You bear sole responsibility for all your User Content. You represent and warrant that you have (and shall continue to have) all rights necessary to grant LaundryTask the license rights in your User Content under these Terms. You represent and warrant that neither your User Content nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by LaundryTask on or through the Platform, shall infringe, misappropriate, or violate any third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You may remove certain User Content from the Platform by specifically deleting it from the Platform. You should be aware that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, LaundryTask bears no responsibility or liability for the removal or deletion of (or failure to remove or delete) any of your User Content.
LaundryTask may make available through the Platform content, technology, trademarks, or other materials that are subject to intellectual property rights. LaundryTask retains all rights to that content, technology, trademarks, and materials.
If you comply with these Terms, LaundryTask grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Application on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Application solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, lend, or rent the Application to any third party; (iii) reverse engineer, decompile, or disassemble the Application (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Application available to multiple users through any means.
This Subsection applies to any Application that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the Application. In the event of any Application failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the Application purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the Application. Apple bears no responsibility for addressing any claims by you or any third party relating to the Application or your possession and use of it, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple bears no responsibility for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the Application infringes that third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple shall have the right (and shall be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Application.
When you download the mobile application for the Platform on your mobile device, LaundryTask shall request your permission to access your phone contacts to determine whether you are already connected to other LaundryTask Customers or Laundry Associates who are Platform users. LaundryTask uses this information to enforce these Terms of Service. You may modify whether to allow LaundryTask to access your contacts through the privacy settings on your mobile device.
LaundryTask bears no obligation to monitor access to or use of the Platform or to review or edit any content or information available on or in connection with the Platform. However, LaundryTask retains the right to do so for purposes of operating the Platform, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. LaundryTask reserves the right, but bears no obligation, to remove or disable access to any content, including User Content, at any time and without notice, including, without limitation, if LaundryTask, at its sole discretion, considers it objectionable or in violation of these Terms. LaundryTask retains the right to investigate violations of these Terms or conduct affecting the Platform. LaundryTask may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
LaundryTask respects the intellectual property rights of others and expects its users to do likewise. Copyright infringement constitutes a material breach of these Terms. Consequently, LaundryTask may disable and/or terminate the accounts of subscribers or account holders who are infringers. LaundryTask responds expeditiously to valid notifications of claimed infringement reported to LaundryTask's Designated Agent to Receive Notifications of Claimed Infringement. Notifications should be transmitted to support@laundrytask.com. Information regarding requirements for valid notifications of claimed infringement for service providers like LaundryTask is available at 17 U.S.C. § 512(c)(3) or on the Copyright Office website at https://www.copyright.gov/dmca-directory/ (you may need to click "read more" to access the instructions).
The Platform may allow you to access third-party websites or other resources. LaundryTask provides access only as a convenience and bears no responsibility for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
The term of these Terms shall commence on and be effective as of the date these Terms are first accepted by you and shall continue until terminated in accordance with the terms and conditions herein.
LaundryTask may suspend or terminate your access to and use of the Platform, including suspending access to or terminating your Account, immediately for material breaches of these Terms, including without limitation:
If LaundryTask limits, terminates, or suspends Customer's right to use the Platform for a breach of these Terms, Customer shall not be entitled to any refund of any unused balance in Customer's Account. Furthermore, all Users terminated or suspended from the Platform are prohibited from registering and creating a new Account under their name, an alternate name, a fictitious or borrowed name, or the name of any third party, even if acting on behalf of such third party.
Upon any termination, discontinuation, or cancellation of the Platform or your Account, the following Sections shall survive: Sections 1-8, 10-13, and 15-25.
LaundryTask reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at its entire discretion. Except for refundable fees you may have advanced to LaundryTask (if any), LaundryTask bears no liability to you for any modification or discontinuance, temporary or permanent, of all or any portion of the Platform.
LAUNDRYTASK EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MARKETPLACE FOR ANY ACT OR OMISSION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY COMPARABLE LAW IN ANY OTHER APPLICABLE GOVERNING JURISDICTION). THIS CODE STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE PLATFORM, MARKETPLACE, AND OTHER LAUNDRYTASK TECHNOLOGY ARE PROVIDED "AS IS," WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LAUNDRYTASK EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LaundryTask makes no warranty that the Platform or Marketplace shall meet your requirements or be available on an uninterrupted, secure, or error-free basis. LaundryTask makes no warranty regarding the availability, quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Platform. LaundryTask and its affiliates do not guarantee: (1) the availability of Orders on the Platform or the result of any laundry services; or (2) that Platform use shall be uninterrupted or error-free. You acknowledge and agree that the Platform may be unavailable at any time and for any reason. LaundryTask and its affiliates bear no responsibility for any delays, delivery failures, or other damages, liabilities, or losses resulting from such problems.
You shall indemnify and hold harmless LaundryTask and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in any way connected with: (a) any claim based upon your alleged access to, use, or misuse of the Platform or any Laundry Services or garments; (b) your User Content infringing the copyright, trademark, or patent rights of any third party; (c) any alleged conduct constituting a breach of your representations and warranties set forth herein, or your violation of these Terms; (d) violation of applicable law by you or your affiliates, employees, or subcontractors; (e) any claim based upon negligent or intentional acts by you or your affiliates, employees, or subcontractors; and (f) matters related to any Order, including any claims by any third party or government agency that you were misclassified as an independent contractor or employee of LaundryTask, and any claim that LaundryTask was an employer or joint employer of you and/or any of your affiliates, employees, or subcontractors, and related legal claims under any employment laws, including without limitation the Fair Labor Standards Act, the Internal Revenue Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act, and the National Labor Relations Act, state wage and hour law, or any other law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LAUNDRYTASK NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LAUNDRYTASK OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT SHALL LAUNDRYTASK'S TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) AND THE AMOUNTS PAID BY YOU TO LAUNDRYTASK HEREUNDER IN THE LAST SIX (6) MONTHS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE CONSTITUTE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAUNDRYTASK AND YOU.
These Terms and any action related thereto shall be governed by the laws of the State of Delaware, with the exception of Section 7 "Customer Arbitration Agreement" and Section 21 "Laundry Associate Arbitration Agreement," which are governed by the Federal Arbitration Act and federal arbitration law. Except as otherwise expressly set forth in Sections 7 and 21, the exclusive jurisdiction for all Claims and Disputes that the parties are not required to arbitrate shall be the state and federal courts located in Delaware, and you and LaundryTask each waive any objection to jurisdiction and venue in such courts.
Laundry Associate and LaundryTask mutually agree to resolve any and all covered justiciable disputes between the Parties exclusively through final and binding individual arbitration instead of court or jury trial (this "Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving commerce. To the extent the Federal Arbitration Act is inapplicable, the laws of the state where Laundry Associate last performed services shall apply. Unless specifically excluded, this Arbitration Agreement applies to claims arising from or relating to these Terms, Laundry Associate's classification as an independent contractor, Laundry Associate's provision of services, Laundry Associate's use of the Platform, any payments made or received by Laundry Associate through the Platform or arising from or relating to acceptance or performance of services arranged through the Platform, the termination of these Terms, and all other aspects of the Laundry Associate's relationship (or termination of its relationship) with LaundryTask, past, present, or future, whether arising under federal, state, or local statutory and/or common law, which LaundryTask may have against Laundry Associate or which Laundry Associate may have against LaundryTask and its owners, officers, employees, or agents, and LaundryTask's licensors, clients, and Customers, all of which are expressly recognized as third-party beneficiaries of this Arbitration Agreement. Laundry Associate and LaundryTask agree the mutual obligations to arbitrate disputes provide valid consideration for this Arbitration Agreement.
Additionally, the Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability, or waiver of these Terms, including, without limitation, any claim that all or any part of these Terms is void or voidable. However, the preceding sentence does not apply to the Class Action Waiver or California Private Attorneys General Act Individual Action Requirement.
The following claims are not covered under this Arbitration Agreement: (1) Disputes in small claims court, if qualified; (2) Laundry Associates' compensation benefits, state disability insurance benefits, or unemployment insurance benefits; however, these Terms apply to discrimination or retaliation claims based upon seeking such benefits; and (3) Disputes that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement, including disputes that may not be subject to pre-dispute arbitration agreement under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
If any claim(s) not covered under this Agreement are combined with claims that are covered under this Agreement, to the maximum extent allowed under applicable law, the covered claims shall be arbitrated and continue to be covered under this Agreement.
Nothing in these Terms prevents Laundry Associates from making reports to or filing claims or charges with government agencies, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or law enforcement authorities. Nothing in these Terms prevents investigation by government agencies of any report, claim, or charge otherwise covered by these Terms. This Arbitration Agreement and Class Action Waiver also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by these Terms. Nothing in these Terms prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. LaundryTask shall not retaliate against Laundry Associates for filing claims with administrative agencies or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy. All determinations of final relief, however, shall be decided in arbitration.
If either party initiates arbitration, the initiating party must notify the other party in writing via certified U.S. Mail with receipt or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. Any demand for arbitration by Laundry Associate sent via U.S. mail must be postmarked within the statute of limitations period and delivered by certified mail with receipt to LaundryTask at 3500 South DuPont Highway, Suite HN-101, Dover, DE 19901. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
LaundryTask and Laundry Associate agree to bring any claim on an individual basis and not on a class and/or collective action basis. Accordingly, there shall be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action, and the Arbitrator shall have no authority to hear or preside over any such claim (the "Class Action Waiver"). The Class Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
LaundryTask and Laundry Associate agree to arbitrate PAGA claims on an individual basis only. Therefore, any claim by Laundry Associate under PAGA to recover unpaid wages, civil penalties, or any other individual relief must be arbitrated under this Agreement. LaundryTask and Laundry Associate also agree that Laundry Associate's non-individual PAGA claims shall be stayed and Laundry Associate shall not pursue any such claims in Court until after the Arbitrator, and not any court, issues a final and written determination as to Laundry Associate's status as an "aggrieved employee," and then only if the determination is that Laundry Associate was "aggrieved." The preceding sentence applies even if Laundry Associate seeks to assert only a representative claim without including an individual PAGA claim and/or if Laundry Associate disclaims the individual PAGA claim. The Arbitrator is without authority to preside over any PAGA claim by Laundry Associate on behalf of any other person or joined by or consolidated with another person's PAGA claim. This PAGA Individual Action Requirement clause shall be severable from this Agreement if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void, or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the portion of the PAGA Individual Action Requirement that is enforceable shall be enforced in arbitration.
Laundry Associate agrees and acknowledges that entering into this Arbitration Agreement and Class Action Waiver does not change Laundry Associate's status as an independent contractor in fact and in law. Laundry Associate is not an employee of LaundryTask, and any disputes in this regard shall be subject to arbitration.
Except as otherwise stated in this Arbitration Agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules ("AAA Rules"); however, if there is a conflict between the AAA Rules and this Agreement, this Agreement shall govern.
The arbitration shall be heard by one arbitrator. The Parties shall attempt to mutually choose an arbitrator, but in the event the Parties cannot agree, the arbitrator shall be selected in accordance with the AAA Rules. Unless the parties agree otherwise, the arbitrator shall be an attorney experienced in the law underlying the dispute and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction.
The location of the arbitration proceeding shall be in the county and state where Laundry Associate last performed services for LaundryTask, unless Laundry Associate and LaundryTask agree in writing otherwise.
Laundry Associate and LaundryTask shall follow the AAA Rules applicable to initial filing fees, but in no event shall Laundry Associate be responsible for any fees exceeding the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration shall be conducted. After Laundry Associate pays Laundry Associate's portion of any initial filing fee, LaundryTask shall pay any remaining portion of the initial fee and shall also pay all costs and expenses unique to arbitration, including, without limitation, the arbitrator's fees. Unless the parties agree to any extension of time for the payment due date, the parties must pay their respective required fees or costs within sixty (60) days of the date that the arbitrator issues the invoice to the parties. Each party shall pay for its own costs and attorneys' fees, if any, but if any party prevails on a claim which affords the prevailing party attorneys' fees, the Arbitrator is authorized to award reasonable fees to the prevailing party as provided by law. The Arbitrator shall resolve any disputes regarding costs/fees associated with arbitration.
The Arbitrator may issue orders (including subpoenas to third parties in accordance with any applicable federal or state law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
The Arbitrator may award all remedies to which a party in his or her individual capacity is entitled under applicable law and which would otherwise be available in a court of law but shall not possess authority to award remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
Either party may file motions to dismiss and/or motions for summary judgment, and the Arbitrator shall apply the standards of the Federal Rules of Civil Procedure governing such motions.
The Arbitrator's reasoned decision or award shall be rendered in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator's decision or award in any court having jurisdiction.
AAA Rules may be found at www.adr.org, by calling 1-800-778-7879, or by searching for "AAA Arbitration Rules" using a service such as www.Google.com or www.Bing.com.
This Arbitration Agreement constitutes the full and complete agreement relating to formal resolution of disputes covered by this Arbitration Agreement. Subject to subsections (viii) and (ix), in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement shall be enforceable. This Arbitration Agreement survives after termination of the Client Terms, Terms, and/or after Laundry Associate ceases any assignment and/or relationship with LaundryTask. This Arbitration Agreement shall also continue to apply notwithstanding any change in Laundry Associate's responsibilities, position, or title, or if Laundry Associate transfers companies. Notwithstanding any contrary language in the Terms or in any LaundryTask policy or other agreement, this Arbitration Agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by both Laundry Associate and an authorized representative of LaundryTask.
To the extent permitted by applicable law and to increase resolution efficiency, in circumstances where twenty-five (25) or more arbitration demands of similar nature are filed against LaundryTask, presented by or with assistance or involvement of the same law firm or organization, the parties agree such circumstances constitute "Mass Arbitration" and the following unique terms and procedures shall apply:
1. The parties agree Mass Arbitration demands are of "similar nature" if they arise from or relate to similar factual scenarios and raise the same or similar legal issues and seek the same or similar relief.
2. The parties mutually agree that after a party initiates a claim by submitting individual written demands for arbitration, and prior to initiation of any arbitration proceedings, the parties must engage in a single mediation of Mass Arbitration claims. The mediator shall be mutually selected by the parties; in the event parties cannot mutually select a mediator, the mediator shall be selected pursuant to AAA Rules. Unless otherwise prohibited by applicable law, an arbitrator and/or any arbitration sponsoring organization is without authority to accept or administer any arbitration demand, or assess or demand fees for arbitration, unless and until the parties have completed mediation of asserted claims.
3. In the event mediation of Mass Arbitration claims is unsuccessful, the Parties shall cooperate to group arbitration demands into randomized batches containing no more than one hundred (100) demands per batch. To the extent fewer than one hundred (100) arbitration demands remain after the previously described batching, a final batch shall consist of remaining demands. You agree to cooperate in good faith with the Company and AAA to implement such batch approach to dispute resolution and fee assessment. Disagreements over batch arbitration process applicability shall be promptly resolved in a single, consolidated arbitration proceeding including all affected parties and resolved by a single "Administrative Arbitrator" separately appointed by AAA.
4. AAA shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, with administrative and filing fees assessed per batch.
5. A separate arbitrator shall be appointed to, and administrative and filing fees assessed for, each batch of demands.
6. This Batch Arbitration provision shall in no manner be interpreted as authorizing class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section.
7. Except where prohibited by law, the Parties shall evenly split the arbitrator's fees and all other arbitration costs charged by AAA for any such Mass Arbitration claims. You hereby acknowledge and agree that you and other batch claimants shall evenly split the arbitrator's fees and other arbitration costs.
8. Except where prohibited by law, the arbitrator shall award Mass Arbitration costs and expenses, including attorneys' fees, to the prevailing party as determined by the arbitrator.
Subject to Subsections (viii) and (ix), in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement shall be enforceable.
LaundryTask does not discriminate on the basis of sex, color, race, national origin, religion, gender, gender identity, marital status, age, sexual orientation, or any other applicable federal, state, or local protected class.
Other than your User Content, LaundryTask and its licensors exclusively own all right, title, and interest in and to the Platform, and any content, data, insights, analytics, and information generated by or transmitted through the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform.
In no event shall LaundryTask be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside LaundryTask's reasonable control. Without limitation of the foregoing, in the absence of LaundryTask's gross negligence or willful misconduct, LaundryTask shall not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Platform or using or disclosing any of your User Content.
These Terms constitute the entire and exclusive understanding and agreement between LaundryTask and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between LaundryTask and you regarding the Platform. If any provision, words, phrases, sentences, clauses, or sections of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in full force and effect. If such invalidity is caused by scope, length of time, or any or all of the foregoing, the otherwise invalid or unenforceable provision shall be considered reduced to such scope, time, or area which would cure such invalidity and render it valid and enforceable.
LaundryTask may modify these Terms at any time in its sole discretion. Updated versions of these Terms shall never apply retroactively, and the updated Terms shall specify the exact date they become effective. If the modifications to these Terms constitute a material change, in LaundryTask's good faith reasonable judgment, LaundryTask shall notify you via email or by posting notice via the Application or Platform. If you do not agree to any amendment of these Terms, you must immediately cease using the Platform. Your continued use of the Platform after any modification to these Terms constitutes acceptance of the amended Terms. However, any changes to the Dispute Resolution Agreement provisions contained in Section 21 shall not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
You may not assign or transfer these Terms, by operation of law or otherwise, without LaundryTask's prior written consent. Any attempt by you to assign or transfer these Terms without such consent shall be null and void. LaundryTask may freely assign or transfer these Terms without restriction, including to any purchaser of LaundryTask's business, from time to time in LaundryTask's sole discretion. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by LaundryTask under these Terms shall be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt shall be deemed the date on which such notice is transmitted.
LaundryTask's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. The waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of LaundryTask. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise.
You may request deletion of your LaundryTask account at any time through the application or by contacting us. Upon deletion, your access to the Services will be terminated.
LaundryTask may retain certain information associated with your account for up to 60 days (unless a longer retention period is required or permitted by law) following the deletion request for administrative, legal, security, or fraud prevention purposes, after which such information will be permanently deleted or anonymized in accordance with our Privacy Policy.
If you have any questions about these Terms or the Platform, please contact LaundryTask at support@laundrytask.com.