Acceptance of Terms of Use
These Terms of Use govern your use of the POPWASH services and website, which are provided by Clean People, Inc., a California Corporation. By using, visiting or browsing the POPWASH services or website, you have entered into a contract with Clean People, Inc., as set forth herein, and thereby accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the POPWASH services or website.
These Terms of Use are an ongoing contract between you and Clean People, Inc. and apply to your use of the POPWASH services and website. The Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Clean People Inc. reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will be the version that appears on the POPWASH website at any given time. The most current version of the Terms of Use will supersede all previous versions. Your use of the POPWASH website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms of Use each time you conduct a pick up and/or delivery transaction with Clean People, Inc.
Privacy
Any personally identifying information submitted on the POPWASH website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Clean People Inc. respects each individual’s right to personal privacy. We will collect and use information through our website only in the ways disclosed in this statement. This statement applies solely to information collected at the POPWASH website.
Information Collection: Clean People, Inc. collects information through the POPWASH website at several points. We collect the following information about visitors: Name, address, email address, telephone number, credit card information and laundry preferences. You provide your personal information voluntarily, however provision of the information is a mandatory condition for receiving our services.
We employ cookies. A cookie is a small text file that our Web server places on a user’s computer hard drive to be a unique identifier. Cookies enable Clean People, Inc. to track usage patterns and deliver customized content to users. Our cookies do not have an expiration date. Our cookies collect personally identifiable information to increase efficiency for our customers and improve their experience using our services. If you do not wish to receive cookies from our website, please disable cookies from your web browser and/or delete cookies from your system at any time following your use of the POPWASH website.
Information Usage: The information collected by Clean People, Inc. will be used to assist us in picking up and delivering your laundry to your home, business or other location designated by you. Only users who provide the information will be eligible to receive our pick-up and delivery services.
Registered users may receive additional announcements from us about products, services and special offers. Out of respect for the privacy of our users, along with such announcements we will present the option to not receive these types of communications.
The information we collect may be used to create customer profiles based on purchasing history. We will not supplement information collected at our website with data from other sources.
We may share data with third parties such as credit card companies and shipping companies. These third parties will use the information to process credit transactions and deliver goods and services to our customers. Clean People, Inc. will not share your information with any other third party unless required to do so by law or court order.
We may offer links to other websites. Please note: When you click on links to other websites, we encourage you to read their privacy policies. Their standards may differ from ours.
Access to Information: Registered users may access their own personal information and correct any inaccuracies they may find or delete their information from our database by logging into their account on the POPWASH website.
Problem Resolution: If problems arise, you may contact Clean People, Inc. via email or telephone at the address and number listed on our website.
Data Storage and Security: Clean People Inc. protects user information by using SSL (secure socket layer) technology for all data sent over the Internet and by encrypting all credit card information stored in its systems.
How Our Service Works
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our services.
Delivery
We always strive to pick up and deliver on time. However, the safety of our employees, other motorists and pedestrians takes precedence. In cases of inclement weather, traffic congestion, civil disturbance, unexpected business circumstances, or other occurrences beyond our control, whether foreseeable or not, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. We will endeavor to deliver your order as soon as reasonably possible under the conditions. If your designated delivery location is difficult or impossible to access, or the delivery is otherwise onerous, impossible or impracticable, we will endeavor to contact you to determine an alternate location and/or date.
Limitations
Each order is handled separately and with the utmost care by a conscientious laundry professional. Every effort is made to return all items left in our care. We do not itemize laundry contents, however, and cannot verify the contents of any order. As a result, Clean People, Inc. will not be held responsible and cannot honor claims for missing items.
Clean People, Inc. exclusively uses front-loading washing machines, which are gentler and more efficient than typical top loading machines. However, all washable fabrics weaken with wear, washing and exposure to sunlight. Clean People, Inc. will not be held responsible and cannot honor claims for items that come apart, fade, or are otherwise damaged during washing.
Clean People, Inc. only offers laundry services and all contents of your laundry orders must be machine washable and machine dryable. Clean People, Inc. will try to identify and remove non-washable and non-dryable items, but ultimately it is your responsibility to ensure that the items you provide are washable and dryable and Clean People, Inc. will not be held responsible and cannot honor claims for non-washable or non-dryable fabrics that incur damage during washing or drying.
You must make your laundry available to our driver during your scheduled pick-up timeframe and you may do this in one of two ways: Either by meeting the driver at your scheduled pick-up location, or by leaving the laundry for the driver in an accessible location of your choosing. If you choose to leave the laundry unsupervised or with a third party, you do so at you own risk. Clean People, Inc. will not be held responsible and cannot honor claims for laundry that goes missing or incurs any form of damage while awaiting pick-up.
If you are not available to meet the delivery driver during the scheduled delivery timeframe, we may leave your laundry order at the delivery location unsupervised. You must accept all responsibility for unsupervised laundry left at your delivery location. Clean People, Inc. will not be held responsible and cannot honor claims for laundry that goes missing or incurs any form of damage following delivery.
Clean People, Inc. will also not be held responsible for any loss or damage after delivery to your doorman, concierge or other apparently authorized person. We are not responsible for any loss or damage due to handling by, storage with or delivery by your doorman, concierge or other authorized person, including, without limitation, the erroneous delivery of your order to a third party.
Pricing
Clean People, Inc. reserves the right to change prices at any time and is not responsible for typographical errors on the POPWASH website related to pricing information. We will inform you if a typographical error has resulted in a difference in pricing for your order before charging your credit card. If an order is in process, we will bill you using prices in effect at the time your order was placed.
Refunds
All sales are final and refunds will only be issued at the sole discretion of Clean People, Inc. management. Refund requests must be submitted in writing to service@popwash.com.
User ID and Password
Access to Clean People, Inc.’s laundry pick-up and delivery services is granted through the use of a user name and a password that you will select upon registration through the POPWASH website. You are solely responsible for all authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name and password and all use or charges incurred from use of Clean People, Inc.’s services with your password. You agree to notify Clean People, Inc. promptly of any unauthorized use of your account or access to your confidential password and you will remain liable for any use of Clean People, Inc.’s services and any fees incurred as a result, until you notify us of the unauthorized use of your account.
Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access Clean People, Inc.’s services. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and delivery instructions. You can and are urged to update your information on the POPWASH website. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Clean People, Inc., and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on our website and with these Terms of Use. Clean People Inc.’s secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. The POPWASH website encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.
Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Clean People, Inc. Consent is granted to view, electronically copy, and print in hard copy portions of the POPWASH website for the sole purpose of placing an order. Any other use of materials on the POPWASH website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Clean People, Inc. is strictly prohibited. You acknowledge that Clean People, Inc. and/or third party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Clean People, Inc. reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Clean People, Inc.
Trademarks
The names “Clean People” and “POPWASH”, all related logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks and/or trade dress of Clean People, Inc. or otherwise proprietary to Clean People, Inc. and may not be used by you for any reason other than as expressly permitted by these Terms of Use. All other trademarks, service marks, product names, and company names or logos appearing in connection with Clean People’s services and on the POPWASH website are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the POPWASH website or any of Clean People, Inc’s services.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of Clean People, Inc.’s services, which includes, without limitation, use of the Clean People, Inc. services to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity right, privacy right or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the POPWASH website or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Clean People, Inc. to be in conflict with the spirit or intent of these Terms of Use.
WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF CLEAN PEOPLE, INC.’S SERVICES, WEBSITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. CLEAN PEOPLE, INC.’S SERVICES, WEBSITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CLEAN PEOPLE, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO CLEAN PEOPLE, INC.’S SERVICES, WEBSITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH ANY CLEAN PEOPLE, INC. SERVICES; CLEAN PEOPLE, INC. DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. CLEAN PEOPLE, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH ITS WEBSITE OR SERVICES. CLEAN PEOPLE, INC. DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE POPWASH WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
NEITHER CLEAN PEOPLE, INC. NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “CLEAN PEOPLE, INC. PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, CLEAN PEOPLE, INC.’S SERVICES, OR THE INTERNET. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF CLEAN PEOPLE, INC.’S SERVICES AND TO TERMINATE THESE TERMS OF USE.
Indemnification
You agree to defend, indemnify, and hold all Clean People, Inc. Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of these Terms of Use by or on behalf of you or otherwise through use of your account.
Compliance
The material in this website is provided for lawful purposes only. Clean People, Inc. controls and operates this website from its headquarters in Santa Monica, California, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
Termination
We reserve the right to terminate service without cause. These Terms of Use are effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Clean People, Inc. may suspend or terminate these Terms of Use or any of its services or remove or disable access to any portion of its services at any time for any reason with or without notice to you.
Notices
Clean People, Inc. may give notice to you of a change in these Terms of Use, a change in Clean People, Inc.’s prices, and any other matter through a general posting on the POPWASH website, by electronic mail, or by conventional mail to your address contained in your user account. Changes to the Terms of Use will generally be made without prior notice to you, so you are strongly encouraged to carefully read the Terms of Use herein each time you initiate a pick-up and/or delivery transaction with Clean People, Inc. Please be sure the Terms of Use are acceptable to you before clicking and acknowledging your acceptance of them. You may give notice to Clean People, Inc. by electronic mail (fightdirty@cplaundry.com) or by conventional mail to: 2608 Pico Blvd., Santa Monica CA 90405 (or such other address as shall be posted on the POPWASH website and/or set forth in a notice sent to you from time to time)
Entire Agreement
This Agreement represents your entire agreement with Clean People, Inc. regarding the use of the POPWASH services and website. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than you, Clean People, Inc., and the Clean People, Inc. Parties. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed as nearly as possible to reflect the original intention of the parties, and the remainder of the Terms of Use shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of laws rules.
Jurisdiction over Disputes
Any controversy, claim or dispute arising out of or relating to these Terms of Use that cannot be resolved informally between you and Clean People, Inc. shall be settled solely and exclusively by binding arbitration in Los Angeles, California. Such arbitration shall be conducted in accordance with the then prevailing consumer arbitration rules of the American Arbitration Association (“AAA”) that relate to consumer disputes, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by AAA; (b) each party shall bear its own attorneys fees and expenses. The consumer arbitration rules may be found at the following website: http://www.adr.org/consumer_arbitration. We encourage you to visit that website and review the rules and, in addition, encourage you to consult with an attorney before acknowledging your acceptance of these Terms of Use. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this subsection shall be construed as precluding an action solely for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend these Terms of Use. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
THE PARTIES AGREE THAT, SHOULD THIS ARBITRATION CLAUSE BECOME NOT APPLICABLE, EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH CLEAN PEOPLE, INC. OR RELATING IN ANY WAY TO THE USE OF CLEAN PEOPLE, INC.’S SERVICES OR WEBSITE SHALL RESIDE IN THE FEDERAL AND STATE COURTS LOCATED IN THE COUNTY OF LOS ANGELES IN THE STATE OF CALIFORNIA. THE PARTIES HEREBY CONSENT AND AGREE TO PERSONAL JURISDICTION BY SUCH COURTS SITTING IN THE STATE OF CALIFORNIA, IN CONNECTION WITH ANY SUCH DISPUTE, INCLUDING ANY CLAIM INVOLVING CLEAN PEOPLE, INC., SHOULD THIS ARBITRATION CLAUSE BECOME NOT APPLICABLE.
Statute of Limitations
Any cause of action by you arising under these Terms of Use must be instituted within one year after the claim or cause of action has arisen, or be barred. By using the POPWASH services and website you irrevocably waive any right to bring a cause of action under these Terms of Use more than one year after it has accrued.
Amendment
Clean People, Inc. may amend these Terms of Use at any time by posting the amended terms on its website. By requesting pick-up and/or delivery services from Clean People, Inc. after any amendment, you agree to be bound by any such revisions.