Terms

TERMS AND CONDITIONS
11LEMONS LLC
Updated: 7/10/18

 

Please carefully read these terms and conditions of use before using this site or any of the services and applications.

 

  1. CONTRACTUAL RELATIONSHIP

These Terms and Conditions (“Agreement”) apply to 11LEMONS LLC (“11lemons”) website (11lemons.com) and the related mobile application and/or selected other domains, existing or future, content, products and services (collectively, the “Services”). As used in this Agreement, “11lemons,” “we,” “us,” or “our” shall mean 11LEMONS LLC.

 

By accessing or using our Services, whether or not you register to use the Service, you agree to the terms of this Agreement and to the collection, use and disclosure of your information as set forth in to our Privacy Policy, which establish a contractual relationship between you and 11lemons. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.

 

If you do not agree to this Agreement, please do not access or use the Services.

 

As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time. All modifications to this Agreement will be effective immediately upon our posting of any modifications on this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.

 

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.

 

  1. THE SERVICES

11lemons is a laundry and dry cleaning delivery service that enable users to schedule pickup and delivery using 11lemons’ mobile applications or website which is provided as part of the Services (each of the mobile application and the website is an “Application”). After scheduling the reservation using the Application, 11lemons or a third party, which is an independent contractor working with 11lemons (“Vendor”), will pick up and deliver the user’s laundry.

 

OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS

The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by 11lemons. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.

Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to 11lemons.

 

By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.

 

No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of 11lemons’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by 11lemons.

 

In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by 11lemons. 11lemons does not transfer title to the Software to you. 11lemons retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

 

Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of 11lemons or such other party as may own the proprietary rights.

 

LICENSE

Subject to your compliance with the terms of the Agreement, 11lemons grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by 11lemons and 11lemons’ licensors.

 

  1. USE OF THE SERVICES

USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age to obtain an Account. Account registration requires you to submit to 11lemons certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or 11lemons’ termination of this Agreement with you. 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 11lemons in writing, you may only possess one Account.

 

The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to use the Services unless they are accompanied 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 11lemons or a Vendor 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.

 

TEXT MESSAGES

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from 11lemons at any time by sending a request to hello@11lemons.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

PROMOTIONAL CODES AND SPECIAL OFFERS

11lemons may, in 11lemons’ sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to Vendors, subject to terms that 11lemons may establish on a per promotional code basis (“Promo Codes”).

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by 11lemons, in advance in writing; (iii) may be disabled by 11lemons at any time for any reason without liability to 11lemons; (iv) are not valid for cash; and (v) may expire prior to your use. 11lemons reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that 11lemons determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

MINIMUM PRICE ORDER

The minimum order price is as cited on 11lemons’ Services and may change from time to time.

 

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. 11lemons does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

DAMAGED OR LOST ITEMS

It is our priority to supply the best care to your garment and we appreciate your trust.

 

Damaged Items

Although we are doing our best to prevent any damages to your garment, 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. For any items deemed damaged, 11lemons may reimburse you by paying up to ten (10) times the charge for cleaning the item in which the damage occurred regardless of brand, price or condition of the garment.

 

Any damaged items must be reported to hello@11lemons.com and inspected by 11lemons, within seven (7) days from date the damaged item was returned to you by 11lemons, through digital photos or in-person.

 

Lost Items

Any lost item must be reported within seven (7) days of the delivery of the garments to hello@11lemons.com. All claims are reviewed on a case-by-case basis. Items are considered lost twenty (20) days after the initial claim has been made. Any reimbursement for an item deemed lost by 11lemons shall be limited to and shall not exceed ten (10) times the charge for cleaning the lost item regardless of brand, price or condition of the garment.

 

11lemons does not take responsibility for any loose items lost when submitted in a 11lemons bag, such as watches, jewelry, cufflinks, etc.

 

PICK UP AND DELIVERY

Our goal is to provide valuable and timely service to all of our customers and partners. If you cancel a pickup, or if our partners cannot deliver or pickup an order because you or your designee failed to appear, we may charge a cancellation fee in a reasonable amount.

 

We hope to provide a convenient service to all our customers and will leave orders outside residences or with a doorman, unless otherwise noted by the customer. 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 11lemons.

 

INVENTORY

11lemons reserve the right to keep records of your garments and retain, store, display or reproduce such records which may include images or photographs, and associate such records with your name or other profile information for commercially reasonable periods for archival, inventory purposes, quality control, loss prevention, and or data collection.

 

USER CONTENT AND INTERACTIVE AREAS

We may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment 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 Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to 11lemons an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in 11lemons’ sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to 11lemons’ disclosure of any information related to your use of the Services in any capacity in connection with 11lemons’ display of your User Content on the Services. You also agree to indemnify and hold 11lemons harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. 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 Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. 11lemons and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.

 

By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. 11lemons reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. 11lemons will also cooperate with local, state and/or federal authorities to comply with applicable law.

 

NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES

By using and accessing the Services, you agree that you will not use the Services for any unlawful purpose or engage in any use prohibited by this Agreement. You further agree that you will not use the Services in any manner that could damage, disable, overburden or impair any 11lemons server, or the network(s) connected to any 11lemons server, or interfere with any other party’s use and enjoyment of the Services. You may not attempt, through any means, to gain unauthorized access to any part of the Services, other account, computer system or network connected to any 11lemons server.

11lemons reserves the right, in its sole discretion, to monitor any and all use of the Services.

 

VIOLATIONS OF THE AGREEMENT

11lemons reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.

 

  1. PAYMENT

You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the full service obtained through your use of the Service and Applications, 11lemons will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt via the mobile application.

 

Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by 11lemons. Any request for lower Charges or disagreement with the Charges should be addressed to 11lemons by contacting hello@11lemons.com.

 

If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that 11lemons may use a secondary payment method in your Account, if available.

 

11lemons reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in 11lemons’ sole discretion.

 

11lemons may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

 

  1. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY

DISCLAIMER

The materials and the services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, 11lemons and its officers, directors, employees, agents or representatives disclaim with respect to the services and the materials herein all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  It is still the user responsibility to careful read and inspect any service or product you purchase through our applications upon your receipt to determine safety and appropriateness for your consumption or use. 11lemons does not represent or warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes it available are free of viruses or other harmful components. 11lemons does not warrant or make any representations regarding the use or the results of the use of the materials and/or the services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. You (and not 11lemons) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall 11lemons or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if 11lemons or a 11lemons authorized representative has been advised of the possibility of such damages. In no event shall 11lemons have any liability for any damages, losses and other causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services.

 

These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement.

 

USE OF LINKS

The Services may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. 11lemons does not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, 11lemons is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. 11lemons makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. 11lemons reserves the right to discontinue links to any other website at any time and for any reason.

 

INDEMNITY

You agree to indemnify and hold 11lemons 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 Services; (ii) your breach or violation of any of this Agreement; (iii) 11lemons’ use of your User Content; or (iv) your violation of the rights of any third party, including Vendors.

 

  1. MISCELLANEOUS

GOVERNING LAW

You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, 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 Services, shall be submitted exclusively to the jurisdiction of the State or federal courts located in Westchester County and the State of New York. 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. Any waiver by 11lemons of any provision of this Agreement must be in writing.

 

NOTICE

11lemons may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to 11lemons, with such notice deemed given when received by 11lemons, at any time by first class mail or pre-paid post to 14 N Aqueduct Ln, Irvington, NY 10533

 

GENERAL

You may not assign these Terms without 11lemons’ prior written approval. 11lemons may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of 11lemons’ equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, 11lemons or any Vendor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 11lemons in writing.

 

 

PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS

If you believe that your or a third party’s copyrighted work has been copied and is accessible through our Services or Application in a way that constitutes copyright infringement, please notify us by providing the following information in an email to hello@11lemons.com:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of where the material that you claim is infringing is located on our site; (4) your address, telephone number and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.