The Terms of Service herein refered to as "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.
Dorm Mom, Inc. 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.
Dorm Mom is a web-based service that allows its users to order laundry services, dry cleaning services, room/apartment cleaning services and grocery delivery service. User order and personal information may reside on Dorm Mom's servers or on the servers of a third party.
While we hope that you find the Social Media feature to be a great way to share information, you may nonetheless disconnect your accounts at any time by clicking on the "Your Account" link, selecting the "Account Settings" link and selecting the "Apps" link and then selecting "Disconnect." Social Media may also offer ways to manage the information you share with Dorm Mom. See the Social Media website for details.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org. 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DORM MOM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
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.
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.