Baymeadows – Terms of Service

Last Updated: April 4, 2022

1. Acceptance of the Terms of Service
   
   These Terms of Service are entered into by and between you and Baymeadows (“Baymeadows,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms“), govern your access to and use of the Baymeadows.com website (and related domains) including all text, content, photographs, images, audio, graphics, and any software (which includes any files or images incorporated in or generated by the software) available on such website (collectively referred to herein as the “Website”), including Baymeadows’s weekly and/or on-demand laundry services offered on or through such Website (the “Services”), and our related mobile applications (the “Applications”), whether as a guest or a registered user. The Website, Services, and Applications are collectively referred to herein as the “Baymeadows Platform.” 
   
   Please read the Terms carefully before you start to use the Baymeadows Platform. By using any part of the Baymeadows Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.Baymeadows.com/privacy/, and incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Baymeadows Platform.
   
   The Services are offered and made available to users who are 18 years of age or older and who reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Baymeadows and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Services.

2. Changes to the Terms of Service
   
   We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Baymeadows Platform thereafter. Your continued use of the Baymeadows Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. The Services
   
   You can schedule Services via the Website and/or Applications. After scheduling Services using the Website and/or Application, Baymeadows or a third party, which is an independent contractor working with Baymeadows, will provide the Services.

4. Ownership, Licenses, and Limitations

1. Proprietary Rights. The Baymeadows Platform is owned and operated by Baymeadows.
   
   As between the parties, Baymeadows owns all right, title, and interest, including but not limited to all intellectual property and proprietary rights, in and to the Baymeadows Platform. The Baymeadows Platform is protected by copyright, trademark, domain name, trade dress, domain name, patent, trade secret, international treaties and/or other intellectual property and proprietary rights and laws of the United States and other countries. Except as otherwise indicated in the Baymeadows Platform and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Baymeadows Platform, all trademarks, service marks and trade names are owned by Baymeadows.
   
   By accessing and using the Baymeadows Platform, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in these Terms.
   
   You may not change or delete any proprietary notices that appear in the Baymeadows Platform. You agree not to use any Baymeadows logo or any other proprietary graphic or trademark without Baymeadows’s express, prior written consent.
   
   Third-party trademarks, service marks and logos contained in the Baymeadows Platform are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.

2. Grant of Limited License. You are allowed to use the Baymeadows Platform only for your personal, non-commercial use, unless otherwise expressly permitted by us in writing. Any redistribution, retransmission or publication of all or any part of the Baymeadows Platform is strictly prohibited.
   
   Subject to your compliance with these Terms, Baymeadows grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use the Baymeadows Platform solely for your personal, noncommercial use.

5. Use of Services

1. User Requirements and Conduct. In order to use most aspects of the Baymeadows Platform, you must register for and maintain an active personal user account (an “Account”). Account registration requires you to submit to Baymeadows certain personal information, such as your name, address, and mobile phone number, as well as at least one valid credit card (to be processed by a third party payment processor). You agree to maintain accurate, complete, and up-to-date information in your Account, review the fees to be charged for your use of the Services (“Fees”); and authorize Baymeadows to charge your credit card for any and all Fees incurred by you for your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having a valid and unexpired credit card on file, may result in your inability to access and use the Services and/or Baymeadows’s termination of these Terms. You are responsible for all activity that occurs under your Account and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Baymeadows in writing, you may only possess one Account per household.
   
   The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services unless they are supervised by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances, Baymeadows or its agent may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
2. User Representations. You represent and warrant to Baymeadows that you will (a) maintain the security of your user identification, password, and other confidential information relating to your Account; (b) maintain the security, confidentiality, and integrity of all messages and the content that you receive, transmit through or store on the Baymeadows Platform; (c) pay for all Fees resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to your notifying Baymeadows in writing of such use and taking reasonable steps to prevent its further occurrence, such as changing your password; (d) comply with these Terms; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Baymeadows Platform.
3. Accuracy. You will not, directly or indirectly, submit content or information that is purposely inaccurate, commit fraud or falsify information in connection with your Account or create multiple Accounts.
4. Promotional Offers. Baymeadows may, in our sole discretion, create promotional codes that may be redeemed for Service credit or other features or benefits, subject to the terms that Baymeadows may establish on a per promotion basis. You agree that promotional codes (i) may only be used for the intended audience and purpose, (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public by you, unless explicitly approved by Baymeadows in writing, (iii) may not be used to exceed or attempt to exceed quantity limits applicable to such promotional offer when purchasing Services or otherwise using any Account to purchase Services for any purpose not expressly permitted by these Terms and the terms of a specific promotional offer. All promotional codes (i) may be disabled by Baymeadows at any time for any reason without liability to Baymeadows; (ii) are not valid for cash; and (iii) may expire prior to your use.
   
   Baymeadows reserves the right to withhold or deduct credits or other features or benefits obtained through the use of any promotional offer by you or any other user in the event that Baymeadows determines or believes that the use or redemption of the promotional offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. Baymeadows shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud or known or suspected violations of applicable law or these Terms.
5. Text Messages. By creating an Account, you agree that the Baymeadows Platform may send you informational text (SMS) messages as part of the normal business operation of your use of the Baymeadows Platform. You may opt-out of receiving text (SMS) messages from Baymeadows at any time by sending a request to hello@Baymeadows.com. You agree and acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
6. Minimum Charge Per Order and Pricing. Baymeadows charges a minimum order price for Services as disclosed on the Baymeadows price list. Pricing is determined by Baymeadows and is based upon the weight of the laundry. Price per pound and minimum order prices are subject to change without notification.
7. Damaged Items. Baymeadows follows the standards and policies set forth by the Fabricare Industry and the International Fabricare Institute. We exercise utmost care in cleaning and processing garments entrusted to us and use such processes, which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, shrinkage, or against damage to weak and tender fabrics.
   
   Please report any damaged items from your order to hello@Baymeadows.com within 24 hours of delivery. Baymeadows is not responsible for any damaged items reported after this time.
   
   Although we use commercially reasonable efforts to track such items, we are not responsible for loose items in pockets or bundles of garments (i.e. jewelry, watches, cash). We request that you empty all pockets and check for loose items prior to putting laundry out for pickup, as we cannot be held responsible for damage to your garments caused by items left in pockets (lipstick, gum, pens, etc.). Baymeadows’s liability with respect to any damaged items shall not exceed ten (10) times our charge for cleaning that garment, regardless of brand or condition. Notwithstanding the foregoing, Baymeadows will not be responsible for any reparation beyond $200.00, even if the order costs over $200.00 to process. Any single damaged item will not be valued beyond $25.00, even if the fair market value for the item is more. Any amounts due to you will be credited to your Baymeadows account.
8. Lost Items. Please report any missing items from your order to hello@Baymeadows.com within 24 hours of delivery. Baymeadows is not responsible for any missing items reported after this time. Baymeadows will not be responsible for any lost item beyond $200.00, even if the order costs over $200.00 to process. Any single lost item will not be valued beyond $25.00, even if the fair market value for the item is more. Any amounts due to you will be credited to your Baymeadows account.
9. Pick-Up and Delivery. Our goal is to provide convenient and frictionless Services to our customers and are willing to leave completed orders wherever the customer dictates. However, Baymeadows is not responsible for any missing or damaged items if the order is not personally received by you and picked up and delivered by an Baymeadows employee. Baymeadows is not responsible for missing or damaged items from orders that are picked up or dropped off in an unsecured or unattended location.
10. Online Communications. We may provide interactive opportunities in the Baymeadows Platform, including, without limitation, user ratings and reviews, saved favorites, and saved instructions, (collectively, “Interactive Areas”) for the convenience of our users.
    
    You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Baymeadows Platform (“User Content”). In addition, in consideration of Baymeadows’s acceptance of your User Content, you hereby grant to Baymeadows an irrevocable, transferable, sublicensable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce your User Content on and in connection with the Baymeadows Platform in all forms of media now known or hereafter invented, (collectively, the “Uses”) and the right to, in Baymeadows’s sole option and discretion, attribute your User Content to you. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, accounting, notification or other additional consideration and to Baymeadows’s disclosure of any information related to your use of the Services in any capacity in connection with Baymeadows’s display of your User Content on the Baymeadows Platform. You also agree to indemnify, defend, and hold Baymeadows harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of Baymeadows’s Uses of your User Content. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
    
    Some submissions or postings by users to certain parts of the Baymeadows Platform, including, without limitation, Interactive Areas, will be public and posted in public areas on the Baymeadows Platform. Neither Baymeadows nor any of its agents or providers will be responsible for the action of any users or third parties with respect to any User Content posted, uploaded or transmitted on the Baymeadows Platform.
    
    By using the Baymeadows Platform, you agree to follow these Terms. Baymeadows reserves the right to change, delete or remove, in part or in full, any User Content in Interactive Areas and to terminate or suspend access to such areas of the Baymeadows Platform for conduct that we believe, in our sole discretion, interferes with other users’ use and enjoyment of the Baymeadows Platform. Baymeadows will also cooperate with local, state and/or federal authorities to comply with applicable law.
11. No Unlawful or Prohibited Use / Monitoring of Baymeadows Platform. By using and accessing the Baymeadows Platform, you agree that you will not use the Baymeadows Platform for any unlawful purpose or engage in any use prohibited by these Terms. You further agree that you will not use the Baymeadows Platform in any manner that could damage, disable, overburden or impair any Baymeadows server, or the network(s) connected to any Baymeadows server, or interfere with any other party’s use and enjoyment of the Baymeadows Platform. You may not attempt, through any means, to gain unauthorized access to any part of the Baymeadows Platform, other account, computer system or network connected to any Baymeadows server. Baymeadows reserves the right, in its sole discretion, to monitor any and all use of the Baymeadows Platform.
12. Violations of the Terms. Baymeadows reserves the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the Baymeadows Platform.

6. Payment
   
   You understand that your use of the Baymeadows Platform may result in Fees payable by you for the Services you receive. After you have received Services, Baymeadows will process payment of the applicable Fees, using the preferred payment method designated in your Account, and will send you a receipt by email.
   
   Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable unless otherwise determined by Baymeadows in our sole discretion. Any disagreement regarding Fees should be addressed to Baymeadows by contacting hello@Baymeadows.com.
   
   We reserve the right to establish, remove and/or revise Fees and prices for any or all aspects of the Services at any time in our sole discretion.
   
   Baymeadows may from time to time provide certain users with promotional offers and discounts that may result in different Fees for the same or similar Services, and you agree that another user’s promotional offers and discounts shall have no bearing on your use of the Services or the Fees payable to you, unless you are eligible for the same promotional offers and discounts.

7. WARRANTY DISCLAIMER
   
   THE Baymeadows PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Baymeadows AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM WITH RESPECT TO THE Baymeadows PLATFORM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE Baymeadows PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Baymeadows PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Baymeadows DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR CURRENCY OF THE Baymeadows PLATFORM APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY
   
   TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS PROVIDED IN SECTION 5.G (DAMAGED ITEMS) ABOVE, IN NO EVENT WILL Baymeadows, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Baymeadows PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. These limitations do not purport to limit liability that cannot be excluded or limited under applicable law.

9. USE OF LINKS
   
   The Baymeadows Platform may contain links to other websites and services, which are developed, sponsored and/or maintained by third parties (“Third-Party Sites”). We do not review, monitor, operate, or control any such Third-Party Sites accessible through these links, and we are not responsible for any content available on or through such Third-Party Sites. By providing access to the Third-Party Sites, Baymeadows is not recommending or endorsing the products or services provided by those Third-Party Sites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content. You agree and acknowledge that Baymeadows has no control over the use of any personal information you provide to any such Third-Party Site. You acknowledge and agree that use of such Third-Party Sites is entirely at your own risk. We reserve the right to discontinue links to any Third-Party Site at any time and for any reason.

10. INDEMNITY
    
    You agree to indemnify, defend, and hold Baymeadows and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Baymeadows Platform; (ii) your breach or violation of these Terms; (iii) Baymeadows’s use of your User Content; or (iv) your violation of the intellectual property or privacy rights of any third party through your use of the Baymeadows Platform.

11. MISCELLANEOUS

1. Governing Law. You acknowledge and agree that your access to and use of the Baymeadows Platform is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Baymeadows Platform, shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Delaware. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
2. Waivers. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Baymeadows in writing. Any waiver by Baymeadows of any provision of this Agreement must be in writing and signed by an authorized representative of Baymeadows.
3. Notice. Baymeadows may give notice by means of a general notice on the Baymeadows Platform, electronic mail to the email address specified in your Account, or by written communication sent by first class mail or pre-paid commercial delivery services (such as FedEx or UPS) to the address specified in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or deposit with the commercial delivery service or 12 hours after sending by email. You may give notice to Baymeadows, with such notice deemed given when received by Baymeadows, at any time by first class mail or pre-paid post to Baymeadows Inc., 5700 Post Road, Suite 1, East Greenwich, RI, 02818.
4. Assignment. You may not assign these Terms without Baymeadows’s prior written approval. Baymeadows may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Baymeadows’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
5. Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and Baymeadows as a result of these Terms or use of the Baymeadows Platform.
6. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible to effect the original intent of the parties, and the remaining provisions shall be enforced to the fullest extent under law.

12. Your Comments and Concerns
    
    The Baymeadows Platform is operated by Baymeadows Inc., 5700 Post Road, Suite 1, East Greenwich, RI, 02818.
    
    All feedback, comments, requests for tecBaymeadowsical support, and other communications relating to the Baymeadows Platform should be directed to: hello@Baymeadows.com.