Terms of Service

Dorm Mom LLC provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.dormmom.com/legal/tos.aspx. Failure to comply with these TOS may result in service termination and account revocation.

DESCRIPTION OF WEBSITE USE

DormMom.com is a web-based service that allows its users to order grocery delivery, laundry services, dry cleaning services, room/apartment cleaning services, linen services, Campus H20 services and End of Semester shipping and storage. User order and personal information may reside on Dorm Mom's servers or on the servers of a third party.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to place an order with Dorm Mom. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Dorm Mom, you are required to update that information as soon as possible. Should Dorm Mom suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination. Should you feel that Dorm Mom's privacy policy is not sufficient for you to complete the registration form truthfully, please email your policy concerns to privacy@dormmom.com. Users under 18 years of age are required to have a parent or guardian review and complete the registration process, which may include age verification steps in addition to the standard process.

INFORMATION STORAGE

Dorm Mom may store users' personal information when orders are placed through this webiste. This information includes but not limited to first name, last name, shipping and billing addresses, credit card information and other information necessary to provide needed services.

DORMMOM.COM PRIVACY POLICY

Your use of the Service is subject to Dorm Mom's privacy policy. For information on Dorm Mom's privacy practices, please see the entire privacy policy at http://www.dormmom.com/legal/privacy.aspx. INDEMNITY You agree to indemnify and hold Dorm Mom, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Dorm Mom may be required to send you emails regarding your use of the Service; however, we will never ask you to submit additional personal information or to verify the status of information related to your account in any such email. You acknowledge that Dorm Mom may establish limits concerning use of the Service and may modify these limits at any time.

MODIFICATIONS TO SERVICE

Dorm Mom reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Dorm Mom shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION

You agree that Dorm Mom, in its sole discretion, may terminate your password, or account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if Dorm Mom believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted journal and all its parts, at Dorm Mom's discretion, will be terminated as well. Dorm Mom may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Dorm Mom may immediately deactivate or delete your Dorm Mom account and all related information. Dorm Mom reserves the right to bar any further access to such files or the Service. You agree that Dorm Mom shall not be liable to you or any third-party for any termination of your access to the Service.

LINKS

The Service, or relevant third parties, may provide links to other web sites or resources.

Trademarks

A partial list of U.S. trademarks owned by Dorm Mom follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Dorm Mom should be referred to Dorm Mom Legal at trademarks@DormMom.com. Failure of a mark to appear on this page does not mean that Dorm Mom does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. Any trademarks followed by ® are registered trademarks of Dorm Mom in the United States; all others are trademarks or common law marks of Dorm Mom in the United States.

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DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dorm Mom EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) While Dorm Mom will try to provide the best possible service, It MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dorm Mom.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dorm Mom SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dorm Mom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on Dorm Mom are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Dorm Mom's proprietary rights in them.


LAUNDRY TERMS OF SERVICE

• Dorm Mom is not responsible for clothing items that bleeds, shrinks, or otherwise changes as a result of normal washing.
• Dorm Mom is not responsible for lost articles unless proven that we were responsible for the loss. Remember to complete the inventory form during every laundry pickup.
• Dorm Mom is not responsible for items labeled "hand wash only" or "dry clean only" and is not responsible for checking for these labels in client's clothing items. Please check before Dorm Mom picks them up.
• Dorm Mom is not responsible for items not placed in the Dorm Mom's Laundry bags upon pick-up.
• Dorm Mom is not responsible for loss of or damage to any personal or non-cleanable items left in the clothing or bags such as money, jewelry, or anything else. Client agrees not to leave such items in its clothing or in the delivery bags.
• Dorm Mom is not responsible for any loss, damage or theft of items left unattended for pick up-or drop-off by Client. Dorm Mom will not leave any bags unattended. All bags of clean garments must be signed for by client or an authorized person.
• Dorm Mom reserves the right to refuse cleaning any item.
• Dorm Mom does not guarantee removal of all stains.
• Although Dorm Mom is not liable for damage to or loss of clothing due the fault of the third party cleaners or service providers, if Dorm Mom at its sole discretion desires to, we will reimburse clients for lost or damaged clothing in an amount to be determined by Dorm Mom -  this amount cannot exceed $50.00 per item or $150.00 per load of laundry. Clients must notify Dorm Mom within 3 business days of receipt of a delivery of any lost or damaged items from that particular delivery, failure to do so constitutes waiver of a claim for any lost or damaged items from that delivery.
• Dorm Mom will charge an overage fee for laundry that exceeds the plan signed up for. This overage will be billed to the credit card used to sign-up. The client is responsible for all overage charges that may arise from using the service. The fee may be charged right away or at the end of the service cycle depending on location. The Client has access to all bills paid and can request a review of charges at any time.

DORM/APARTMENT CLEANING TERMS

• You are responsible for giving Dorm Mom access to the space that requires cleaning. If you live in the dorms, you are responsible for obtaining the necessary pass to allow an external person (a guest) to come into your room to render cleaning service. Students living off-campus are responsible for providing access to their living space.
• You are responsible for providing electricity, water and other utilities Dorm Mom may require to provide cleaning service to you. Dorm Mom is not liable for any charges arising from the use of such utilities.
• Dorm Mom will provide cleaning supplies but you may at your own risk, request us to use cleaning agents you own.
• You are responsible for letting us know of any potential allergies you may have to known cleaning supplies and we will avoid using such products. Dorm Mom cannot be held liable for allergies or discomfort that develop as a result of cleaning agents used. We use the best and popular cleaning solutions out there and will honor your request to use personal supplies.
• It is your responsibility to make sure your home is cleaned as specified in our checklist. You can politely ask for an item on the checklist to be redone.
• You are responsible for putting away personal effects like used condoms, bloody tissues and other items that are private. Please place these items in a garbage bag and we will gladly take them out.
• Dorm Mom does not guarantee removal of all stains
• Dorm Mom reserves the right to refuse cleaning all or a part of your home. When we do, we will make the appropriate refund.
• As part of our satisfaction guarantee, Dorm Mom will only reclean for free a living space that you deem was cleaned unsatisfactorily within 24 hours of the initial clean.
• It is a violation of our terms of service to solicit our cleaner. Please direct all question to Dorm Mom at 1-877-478-5332. Violating our terms of service nullifies any potential refund irrespective of the circumstances.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and Dorm Mom and governs your use of the Service, superseding any prior agreements between you and Dorm Mom (including, but not limited to, any prior versions of the TOS) and any prior representations by Dorm Mom. The laws of the State of New York, U.S.A, shall govern the TOS and the relationship between you and Dorm Mom, without regard to its conflict of law provisions. You and Dorm Mom agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Erie, New York, U.S.A. The failure of Dorm Mom to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.