Thank you for visiting the Mulberrys Garment Care website (the “Site”), as well as the Mulberrys mobile application (the “App”). We hope that you find this Agreement helpful.
Please read this privacy agreement carefully. By using this Site or App, you accept and agree to the terms stated below. If you do not agree, you should not use this Site or App. As a condition of your use of this Site and App, you warrant that you will not use the Site or App for any purpose that is unlawful, inappropriate, or prohibited by the terms of this agreement.
The Site and App is an evolving medium. We may change the terms of this agreement at any time and you should periodically review this privacy agreement. Your use of this Site after any change is your agreement to accept the revised visitor agreement.
IN SHORT, OUR BASIC POLICY IS THAT WE WILL NOT SHARE OR SELL OUR CUSTOMER’S INFORMATION FOR THE PURPOSES OF MARKETING OR SELLING PRODUCTS AND SERVICES OTHER THAN MULBERRYS.
INFORMATION WE COLLECT
We collect information from you when you visit our Site, register on our Site or App, or download our App. We also may collect information about you from a variety of other sources, including information we collect from you directly and information we collect about you from third parties. This Policy, however, only applies to information that we collect from you when you visit our Site, register on our Site or download our App.
Depending upon the particular action that you take on our Site or App, the information that we collect about you may include your name, contact information (work or business), including postal and email address, and telephone number(s). When you sign up for contests or promotions, or complete questionnaires or surveys, we collect the information you submit to us. We also collect information from you when you participate in our forums, comment on our blog, or otherwise submit comments on our Site. We also collect information about your garments by utilizing tiny barcodes to keep track of your garments, including any special requests or instructions you provide.
HOW WE USE THE INFORMATION WE COLLECT ABOUT YOU
We use the information we collect about you from the Site in various ways designed to improve the services that Mulberrys offer to you. For example, we might use your information to:
– To notify you when your clothes are ready for pickup and provide other information about your orders;
– To identify which services are right for you;
– To improve our Site and App, the products and services that Mulberrys offer and the Mulberry customer experience;
– To track garments for greater accountability and enhanced quality;
– To fulfill requests for information;
– To personalize your experience on the Site, App or in a Mulberrys store;
– To administer our contests, promotions and surveys, to analyze the results for research purposes, and to comply with legal requirements;
– For marketing and promotional purposes. For example, we may use your information, such as your email address or phone number, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you;
– We also may use the information that we learn about you to assist us in advertising Mulberrys’ services on third party websites; and
– For other purposes where required by law or consented to by you.
OPTING OUT OF MARKETING COMMUNICATIONS
You may stop receiving promotional email messages and SMS messages by following a link contained in the message itself or replying “STOP”. Please note that if you opt out of receiving marketing communications from us, we may continue to communicate with you regarding service-related issues. You can also opt out of receiving promotional materials by submitting your request by email to wecaremulberryscleaners.com in Minnesota or Mulberrys_sf@mulberryscleaners.com in San Francisco.
SHARING YOUR INFORMATION
We may share your information, including your personal information, as follows:
Users of Our Site and Applications. Your user name and any information that you post to our Site, including pictures, comments and text, will be available to all other users of our Site. This information also will be searchable by all users of our Site. This information is publicly available upon posting.
In Response to Legal Process. We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order or other legal process, such as responding to a subpoena.
To Protect Us and Others. We may disclose the information we collect from you where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of this Policy.
Affiliates. We may disclose the information we collect from you to our affiliates; however, if we do so, their use and disclosure of your information will be subject to this Policy.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of another business transaction, we may transfer the information we have collected from you to the acquiring company.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, those providers who may help administer our Site.
Franchisees and Other Non-Affiliated Third Parties. We may disclose the information that we collect about you to non-affiliated third parties, such as our franchisees, licensees, promotional partners and others with whom we have marketing or other relationships. Those third parties may use your information, for example, for marketing purposes, such as to market Mulberrys products and services that they believe would be of interest to you. We also may combine the information that we collect about you with other information that we obtain from third parties. You have the right to opt out of certain uses of your information. You also have the ability to opt-into the receipt of certain information from us and unaffiliated third parties. We may share your information to respond to your choices. Because our franchisees and other third parties are not affiliated with us, we cannot be responsible for how they use your information.
Aggregate and Anonymous Information. We may share aggregate or anonymous information about users with third parties for marketing, advertising, research or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.
COOKIES AND OTHER TRACKING
Flash LSOs. We might use Flash LSOs, to store your Site preferences and to personalize your visit. LSOs vary from browser cookies in the type, amount and browser-control of data. Please visit the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” for information and instructions to manage settings.
Clear GIFs. Clear GIFs (a/k/a pixel tags, web beacons or web bugs) are small graphics similar in function to cookies. Unlike cookies, which are stored on your hard drive, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. We might use clear GIFs to track the activities of Site visitors and App users, manage content, and compile usage statistics. We and our third party service providers also might use clear GIFs in HTML e-mails to our customers, which help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
THIRD PARTY ANALYTICS AND TRACKING
We may display advertisements on our Site and App. Some of the advertisements are based on the collection of personal information and others are based on the collection of aggregate information.
You may opt-out of many third-party ad networks. The website http://www.networkadvertising.org/optout_nonppii.asp provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including how to “opt-out” of third-party ad networks operated by NAI members. You also may contact Direct Advertising Alliance (“DAA”) at http://www.aboutads.info/choices/ for information about opting out of targeted advertising and your choices regarding having information used by DAA member companies, including how to “opt-out” of third-party ad networks operated by DAA members. Opting out of one or more NAI members or About Ad members (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer, be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.
Portions of our Site may permit users to submit their own content by responding or commenting to blog postings. Any information that you post to our Site may be viewable by other users, as well as visitors to our Site. We are not responsible for the privacy of any information that you choose to post to our Site, such as a comment, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent this information from being used in a manner that may violate this Policy, the law or your personal privacy.
THIRD PARTY LINKS AND ACCESS TO SITE
At times, our Site may contain links to other third party websites. Any access to and use of these linked websites is not governed by this Policy, but, instead, is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of those third party websites. Nonetheless, we strive to protect the integrity of the Site and App, and welcome any feedback about these third party websites.
CORRECTING, AMENDING, AND DELETING PERSONAL INFORMATION
You may modify any account information that you have submitted by logging into your account and updating your information. You may also delete your account if you like. Please note that copies of information that you have updated, modified or deleted may continue to reside in our systems for a period of time.
SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS
California residents may request a list of all third parties to whom we have disclosed certain personally identifiable information about you for marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us via email at: email@example.com
Our Site and App, along with our products and services, are not intended for children to use. We do not knowingly collect information from children under the age of 13 and we do not wish to receive personal information from children under the age of 13.
ONLINE POLLS OR SURVEYS
For online polls or surveys on our Site or App, we may ask visitors to provide information that is not personally identifiable. This might include first name, city or state of residence, age, gender or school.
CONTEST AND SWEEPSTAKES
For contests and sweepstakes on our Site or App, we may collect a participant’s email address for the sole purpose of communicating with the participant on a one-time basis, should he or she potentially become a winner.
This site is controlled by Mulberrys from Dallas, TX, USA. This Policy shall be construed in accordance with the laws of the State of Texas, regardless of any conflicts of law principals. If you use this site from other locations you are responsible for compliance with applicable local laws. If you download anything from this site, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA, and that you are not otherwise prohibited from receiving such information. By using this service, you agree to abide by the terms of this Policy and you consent to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas, for all disputes arising out of or relating to this agreement or the use of this Site or App. Any product or service information provided in this website is meant for informational purposes only. This information applies to all Mulberrys Garment Care locations in the United States of America. Mulberrys Garment Care owns the trademarks and logos that are on this site (e.g. Mulberrys®).
TERMS OF SERVICE FOR MULBERRYS WEBSITE
Mulberrys Franchising, LLC, owners of the Mulberrys® brand (“Mulberrys”), welcomes You to its online website (including all content and functionality available through the https://www.mulberryscleaners.com/, the “Site”) or mobile application (the “App”). Mulberrys is delighted to provide You with access to the Site, related data, Mulberrys proprietary software, content, and related documentation and information through the App in connection with certain dry-cleaning and laundry delivery services provided by Mulberrys (collectively the “Services”). The terms “You”, “Your”, “Yours” and “User” refers any and all users of the Site or App.
ALERT! READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE, APP OR SERVICES.
- SERVICE TERMS AND LIMTIATIONS
1.1 Proprietary Rights. The entire contents displayed on the Site and App (the “Content”) have copyrighted protection as a collective work under the laws of the United States, other copyright laws and the common law. Mulberrys is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties with such collective work also being protected by copyright laws and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App. You agree not to use any Mulberrys logo or any other proprietary graphic or trademark without Mulberrys’ express written consent, as the name Mulberrys® is a registered trademark in the United States of America. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Mulberrys and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.2 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon Your registration for an Account, Mulberrys hereby grants You a revocable, non-exclusive, non-transferable account enabling You to access and use the Services, the App and the Site. All the Content that is made available to view and/or download in connection with the Site and App is owned by and is the copyrighted work of Mulberrys and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site, the App and/or the Content.
1.3 Use of the App.
(a) General. In addition to the terms set forth in this Agreement, Your use of the App is subject to the following additional terms (the “App Terms”): You understand and agree that (i) Your use of the App is conditioned upon Your acceptance of these App Terms, (ii) the App contains copyrighted material, trade secrets, and other proprietary materials of Mulberrys and its licensors, and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (a) decompile, disassemble or reverse engineer the App; (b) modify or create derivative works of the App; (c) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (d) transmit the App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (e) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (f) use components of the App to run applications not running on the App.
(b) App User Agreement. YOU HEREBY AGREE: (i) to only use the App to access and/or use the Services; (ii) to not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (iii) will not authorize any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with Mulberrys (iv) will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware); (v) will not lend, lease, rent or sublicense the App; (vi) to permit Mulberrys to send and deliver updates to You as part of Your use of the App; and (vii) to allow the App to automatically download and install updates from time to time from Mulberrys which are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
1.4 User Agreement. In order to access the Service, You will be required to register for a Mulberrys account (an “Account”). You may register for an Account by allowing us to access Your name and other profile information (“Social Media Profile”) through existing accounts You may have on social media websites such as Facebook, Google or other websites with Your profile (“Social Media”). You may also register for an Account via the Site (accessible at https://www.mulberryscleaners.com/my-account/). YOU AGREE TO: (a) provide true, accurate, current and complete information about Yourself when registering for an Account, including any credit card information (Your “Credit Card”) as applicable; (b) maintain and promptly update Your Account to keep it true, accurate, current and complete; (c) review the fees (accessible at https://www.mulberryscleaners.com/pricing, the “Fees”) to be charged for Your use of the Services; and (d) authorize Mulberrys and its affiliates to charge Your Credit Card for any and all Fees incurred by You for Your use of the Services. If You provide any information that is untrue, inaccurate, not current or incomplete, or Mulberrys has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mulberrys has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services (or any portion thereof).
1.5 User Representations. You represent and warrant to Mulberrys 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 Service; (c) maintain all charges resulting from the use of Your Account, including but not limited to, unauthorized use of Your Account prior to You notifying Mulberrys in writing of such use and taking steps to prevent its further occurrence by changing Your password; (d) comply with the Terms set forth herein; and (e) comply with all applicable United States federal, state, municipal, or international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding Your use of the Services or Site.
You further represent and warrant that (i) You are over the age of thirteen (13) and have the power, authority or consent to enter into and perform Your obligations under the Agreement; (ii) all information provided by You to Mulberrys, including Credit Card information, is truthful, accurate and complete; (iii) You are authorized, or have the permission of the authorized signatory of the Credit Card or charge card provided to Mulberrys, to pay any Fees incurred from use of the Services; (iv) You shall comply with all terms and conditions of this Agreement; (v) You have provided and will provide accurate and complete registration information, including, without limitation, Your legal name, address and telephone number; and (vi) each time You upload Submitted Content (as defined herein) on the Site or through the Service, You own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site.
1.6 User’s Restrictions. You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Mulberrys or the copyright owner; or (ii) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part; or (iii) remove any proprietary notices or labels on the Content or any Submitted Content.
- ONLINE COMMUNICATIONS.
2.1 Submitted Content. You are solely responsible for the information, and other content that You upload, publish or display (hereinafter, “post”) on the Site or the App (collectively, the “Submitted Content”). You understand the Site and App is available to the public. Therefore any information You consider confidential should not be posted to the Site or App. By posting Submitted Content, YOU AGREE that Mulberrys may reveal Your identity and whatever information we know about You to any law enforcement agent or official in the event of a legal action arising from any Submitted Content posting by You. Your participation in on-line communications, if any and if allowed by Mulberrys, occurs in real time and is not edited, censored, or otherwise controlled by Mulberrys. Mulberrys cannot and does not screen content provided by You to the Site, the App or through the Services. Notwithstanding the foregoing, Mulberrys reserves the right to monitor content on the Site and to remove content, which Mulberrys, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Mulberrys’ operating policies for Users.
2.2 User Warranties and Representations. YOU WARRANT, REPRESENT AND AGREE that You will not contribute any Submitted Content or otherwise use the Site or App in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) You should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on Mulberrys’ goodwill, name or reputation or causes duress, distress or discomfort to Mulberrys or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or App, or from advertising, liking or becoming a supplier to use in connection with the Site or App; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of Mulberrys; (viii) circumvent, disable or otherwise interfere with security-related features of the Site, the App or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for You; and/or (x) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. You further warrant, represent and agree that You will not (x) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (y) use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (z) delete any author attributions, legal notices or proprietary designations or labels in a file that You upload to the Site or App. While it is not the intent of Mulberrys to discourage You from reporting problems about the Services, nonetheless, Mulberrys reserves the right to take such action as it deems appropriate or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Mulberrys is concerned that You may have breached the immediately preceding sentence), or for no reason at all.
2.3 License Grant. By posting any Submitted Content on publicly accessible locations on the Site or the App, You automatically grant (or warrant that the owner of such content has expressly granted) to Mulberrys a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) You submit to public areas of the Site, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You further acknowledge and agree that Your name, likeness, or Social Media Profile may be associated Your Submitted Content and You hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use Your name, likeness, or Social Media Profile in association with Your Submitted Content. You agree that You shall have no recourse against Mulberrys for any alleged or actual infringement or misappropriation of any proprietary right in Your communication to us. You hereby agree to also grant each User a non-exclusive license to access Your Submitted Content through the Site and/or the App, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site, the App and under this Agreement. You further acknowledge and agree that no compensation will be paid with respect to the use of Your comments, as provided herein, that Mulberrys may remove any comment at any time in its sole discretion. Further, when You post any Submitted Content on the Site or the App, You authorize and direct Mulberrys to make such copies thereof as Mulberrys deems necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content You post from the Site and App at any time. If You choose to remove Your Submitted Content, the license granted above will automatically expire, however You acknowledge that Mulberrys may retain archived copies of the Submitted Content.
Mulberrys reserves complete and sole discretion with respect to the operation of the Site and the App. Mulberrys may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by Mulberrys policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or the App. Mulberrys may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. Mulberrys will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
- CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer. THE SITE AND THE APP ARE PROVIDED BY MULBERRYS ON AN “AS IS” BASIS. MULBERRYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MULBERRYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT PROVIDE ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. MULBERRYS CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. MULBERRYS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. MULBERRYS DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. MULBERRYS MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. ALTHOUGH MULBERRYS HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE AND APP, MULBERRYS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
4.2 Informational Purposes Only. Any opinions expressed on the Site or the App are the personal opinions of the original author and not Mulberrys, even though Mulberrys may employ the original author. The Content is provided for informational and entertainment purposes only and is not an endorsement, guarantee, warranty or representation by Mulberrys or any other party. Mulberrys does not assume any responsibility or liability for any Submitted Content, blogs, opinions or other commentary posted on the Site, the App or any third party website linked to the Site or App and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Site or the App, You may be exposed to Submitted Content and third party content from a variety of sources, and that Mulberrys is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content or third party content. You further understand and acknowledge that You may be exposed to Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You currently have or may potentially have against Mulberrys with respect thereto. You acknowledge that statements made on the Site, the App. newsgroups, message boards, email, forums, conferences, chats or Submitted Content reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Site and the App, if applicable, are not authorized Mulberrys spokespersons, and their views do not necessarily reflect those of Mulberrys, and Mulberrys does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MULBERRYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR THE ACCOUNT.
- WAIVER AND RELEASE.
YOU AGREE THAT NEITHER MULBERRYS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT MULBERRYS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MULBERRYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MULBERRYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE APP, THE SERVICE, OR THE CONTENT.
- LIABILITY LIMITATION.
NOTWITHSTANDING THE FOREGOING PARAGRAPHS MULBERRYS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW OR EQUITY, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF MULBERRYS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND THE APP ARE CONTROLLED AND OFFERED BY MULBERRYS FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MULBERRYS MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR APP FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
- COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION.
Mulberrys respects the intellectual property rights of others. You can notify Mulberrys of possible copyright infringement, and Mulberrys will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site reasonably sufficient to permit Mulberrys to locate the material;
(d) Your contact information, including Your address, telephone number, and email;
(e) A statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by You that the above information in Your notice is accurate and that You, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be directed to us by email to firstname.lastname@example.org; by telephone at 866-473-0798; or by mail to Mulberrys Garment Care, 2587 Fairview Avenue North, Roseville, MN 55113, USA
- TERM AND TERMINATION.
Either You or Mulberrys may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if You fail to comply with the terms of this Agreement. Mulberrys also reserves the right to terminate or suspend Your Account and access to the Site and Services without prior notice. Both You and Mulberrys expressly agree that the provisions of Sections 1.1 (Proprietary Rights), 1.3 (Use of the App), 1.4 (User Agreement), 1.5 (User Representations), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), 10 (Privacy Rights) and 17 (Miscellaneous) shall survive any termination of this Agreement.
- PRIVACY RIGHTS.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any restricted country or on any such list.
- DAMAGED ITEMS.
Taking care of Your garments is our number one priority. We strive to provide exceptional service. While we are very cautious to treat all garments carefully, we cannot guarantee against color loss, bleeding or shrinkage of garments. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears. Any damaged items must be reported to email@example.com and inspected by Mulberrys within twenty-four (24) hours through digital photos or in-person. After 24 hours, you are not able to report or file a claim. The item may be tested at the International Fabricare Institute Garment Analysis Lab to determine the party responsible for the damage.
- LOST ITEMS.
Any lost item must be reported within twenty-four (24) hours of the garment delivery in Minnesota by email to firstname.lastname@example.org, or by phone at 651-447-7042 or in California to email@example.com, or by phone at 877-814-5421. All claims are reviewed on a case-by-case basis. In the rare event that a customer’s garment is determined to be missing. Mulberrys will initiate a comprehensive and accountable two-week-long search for the item. When the customer’s garment is found, Mulberrys will either deliver it to the customer’s Mulberrys store on the next-scheduled delivery van (if a store customer) or deliver it to the customer on their next scheduled pickup/delivery day (if a route customer).
Items are considered lost fourteen (14) days after the initial claim has been made. Mulberrys is not held accountable for any lost items. Mulberrys shall not take responsibility for any loose items lost when submitted in a Mulberrys bag, such as watches, jewelry, or cufflinks.
- GARMENT REIMBURSEMENT
In the rare event that a garment is not found or incurs irreparable damage as a result of an error by Mulberrys, Mulberrys will initiate a reimbursement process with the customer. Mulberrys will reimburse the customer in store credit up to, the value of the item(s) as determined by the Federal Trade Commission’s Fair Claims Guide, not to exceeed $50 for Wash & Fold orders, 20 (twenty) times the charge for cleaning of laundered shirts, five (5) times the charge for cleaning household and wedding items, and ten (10) times the charge for cleaning of all other items regardless of brand, price or condition of the garment. Credit will be valid for up to 12 months after the incident. Mulberrys will also issue credit to the customer for the original cost of the garment’s cleaning. To consider a claim, Mulberrys stipulates that customers inform us within the twenty-four (24) hours of the garment’s delivery/pickup date (or realization of loss). Reported items after the 24-hour period will no longer be considered. As part of the reimbursement agreement, Mulberrys retains ownership of damaged garments and (if found) lost garments.
- MANUFACTURER ERROR
According to the U.S. Federal Trade Commission’s Care Labeling Law, manufacturers are required to apply accurate care instructions on every garment produced. In instances where a garment is damaged as a result of inaccurate care labeling, the manufacturer is held responsible. To assist you in obtaining compensation from the manufacturer, Mulberrys will issue a letter summarizing the manufacturer’s error and responsibilities under law and place a $25 dollar cash credit on your account for the inconvenience.
- DELIVERY AND MINIMUM ORDER FEES
We hope to provide a convenient service to all our customers and can leave orders outside residences or with a doorman. When one of our valets picks up a bag we will notate that your bag has been picked up. We cannot accept responsibility for any items prior to pickup if they are left on your door step or at the front desk of a building. Once delivery has been made, we will not be held responsible or liable for the loss or damage of any items. It is the customer’s sole responsibility to ensure the safety of items after delivery by Mulberrys.
In certain locations, to compensate for transportation cost, Mulberrys may charge a minimum order fee for orders of below $30.
- BARCODES AFFIXED TO GARMENTS
Mulberrys state of the art garment management system uses tiny barcodes, roughly the size of a Tic Tac®, to monitor your garment throughout each step of the cleaning process. The use of tiny barcodes helps Mulberrys provide a top-notch cleaning service and minimize human error. Placing tiny barcodes on garments results in no more tags to rip off or holes pinned in your garment. In choosing Mulberrys to clean your garment, you expressly agree to Mulberrys placing barcodes on your garment.
Mulberrys affixes a barcode to your garment, which is scanned into our garment care system. Mulberrys professionals utilize the barcodes to keep track of all your garments, including any special requests or instructions that you provided. The coding system provides a description of your garment and its location within our facility. The barcodes provide Mulberrys with greater tracking and accountability, thus enhancing performance. In choosing Mulberrys to clean your garment, you agree that barcodes affixed to garments does not render such garment destroyed or damaged.
IN NO EVENT SHALL MULBERRYS BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING TO MULBERRYS AFFIXING OR PLACING BARCODES ON GARMENTS. THE CUSTOMER EXPRESSLY DISCLAIMS AND WAIVES THE RIGHT TO ANY ADDITIONAL DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER KIND OF LEGAL OR EQUITABLE DAMAGES, IN EITHER TORT OR CONTRACT, FROM MULBERRYS BARCODES ON GARMENTS; AND YOU EXPRESSLY AGREE TO HOLD MULBERRYS HARMLESS FOR PLACING BARCODES ON GARMENTS.
18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any legal action or proceeding between Mulberrys and You for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Dallas County, Texas, United States. Any cause of action or claim You may have with respect to Mulberrys must be commenced within one (1) year after the claim or cause of action arises. Mulberrys failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
18.2 Waiver; No Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
18.3 Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
18.4 Attorneys Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
18.5 Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
18.6 Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any Nonprofit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 5, 6, and 7 are intended to benefit Mulberrys and its officers, directors, employees, agents, licensors, and suppliers. Mulberrys may assign its rights and duties under this Agreement to any party at any time without notice to You.
Mulberrys may deliver notice to You under this Agreement by means of electronic mail, a general notice on the Site or the App, or by written communication delivered by first class U.S. mail to Your address on record in the Account. You may give notice to Mulberrys at any time via electronic mail to the Site at the following Email address: firstname.lastname@example.org
Or in writing by mail to:
ATTN: Customer Care
Mulberrys Garment Care,
2587 Fairview Avenue North,
Roseville, MN 55113, USA