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BrainWash Terms of Service Agreement

Last Updated: Monday, August 30, 2021

TABLE OF CONTENTS

1 INTRODUCTION 3

2 ACCEPTANCE OF TERMS 3

3 DESCRIPTION OF PLATFORM SERVICES OFFERED 3

4 REGISTRATION 5

5 PRIVACY POLICY 6

6 MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY 6

7 CONDUCT 7

8 LINKS 10

9 PAYMENT 10

10 INTERSTATE COMMUNICATION 11

11 APPLE AND ANDROID DEVICES 11

12 EXTERNAL SERVICE PURCHASES: 12

13 CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES 14

14 CONTRIBUTIONS TO COMPANY PLATFORM 15

15 INDEMNITY 15

16 COMMERCIAL REUSE OF SERVICES 16

17 USE AND STORAGE GENERAL PRACTICES 16

18 MODIFICATIONS 17

19 TERMINATION 17

20 ADVERTISERS 18

21 PROPRIETARY RIGHTS 18

22 WARRANTY DISCLAIMERS 19

23 LIMITATION OF LIABILITY 21

24 RELEASE 21

25 EXCLUSION AND LIMITATIONS 22

26 THIRD PARTY BENEFICIARIES 22

27 NOTICE 22

28 TRADEMARK INFORMATION 23

29 COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES 23

30 GENERAL INFORMATION 24

 

 

  1. INTRODUCTION

Please read the following terms of service agreement carefully. By accessing or using our Platform and our Services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use our platform. If you do not expressly agree to all of the terms and conditions, then please do not access, or use our Platform or our Services. These terms of service agreement are effective as of registration date.

  1. ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with BrainWash LLC, also known as BrainWash, located in Connecticut zip code 06614 and our subsidiaries and affiliates, in association with the use of the BrainWash Platform, which includes BrainWash Student-to-Student Laundry Service, (the "Platform") and its Services, which shall be defined below. These TOS regulate the use and access of Platform which includes our related media form, media channel, mobile website and mobile applications related, linked, or otherwise connected thereto. These TOS, our Privacy Policy, and other additional terms we make available on the Platform from time to time set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform

  1. DESCRIPTION OF PLATFORM SERVICES OFFERED

    1. The Platform is an on-demand service-based platform which has the following description:

      1. BrainWash is a Student-to-Student Laundry Service. BrainWash users are current college students that have the ability to be a "Washer" (independent contractor that does laundry for another college student, the "Customer.") Customers can also request for a “Washer” to come and wash their laundry. All Washers are independent contractors and are not employees of BrainWash LLC. For every transaction that occurs, a certain percentage of funds will be donated to the user's University to go towards scholarships for deserving students. The agreement being formed by virtue of these TOS between the Washers and Customers is personal to them and BrainWash LLC is not and shall not be made a party to such agreement whether written or oral.

      2. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

      3. The user and/or member acknowledges and agrees that the Services provided and made available through our Platform and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of BrainWash LLC. At its discretion, BrainWash LLC may offer additional Platform Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. BrainWash LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept, and agree that BrainWash LLC shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.

      4. Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such BrainWash LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, or personalization settings.

  2. REGISTRATION

    1. To register and become a "member" of the Platform, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving BrainWash's Services under the laws and statutes of the United States or other applicable jurisdiction. You must also be a current college student for the university in which you are signing up for.

    2. When you register, BrainWash may collect information such as your name, e-mail address, birth date, gender, phone number, the name of the University you are currently attending, your location while the Platform is in use, industry, and personal interests. You can edit certain account information at any time. Once you register with BrainWash and sign into our Services, you are no longer anonymous to us. Student information will only be used within the Platform and will not be given to anyone outside of our services.

Furthermore, the registering party hereby acknowledges, understands, and agrees to:

  1. a)     furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and

  2. b)    maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

  3. c) abide by all rules within Privacy Policy, Terms & Conditions, rules of the University, and rules of general law.

If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, BrainWash LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of BrainWash LLC Services, or any portion thereof.

It is BrainWash LLC's priority to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is for this reason that users must be at least 18 years of age in order to become members of BrainWash. By signing up, you are stating that you are at least 18 years of age.

  1. PRIVACY POLICY

Every member's registration data and various other personal information are strictly protected by the BrainWash LLC Online Privacy Policy. Only certain data such as, but not limited to, name, student email, gender, University attending & location are shared between users within the Platform. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by BrainWash LLC and/or our subsidiaries and affiliates. For more information regarding our privacy practices, please refer to our Privacy Policy.

  1. MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify BrainWash LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. BrainWash LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

  1. CONDUCT

As a user or member of the Platform, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the BrainWash Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by BrainWash.

  1. Furthermore, you herein agree not to make use of BrainWash LLC's Services for the purpose of:

    1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

    2. causing harm to minor in any manner whatsoever;

    3. impersonating any individual or entity, including, but not limited to, any BrainWash officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

    4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

    5. uploading, posting, emailing, transmitting, or otherwise offering any such content that may

    6. infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

    7. uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

    8. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation.

    9. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

    10. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

    11. interfering with or disrupting any BrainWash LLC Services, servers and/or networks that may be connected or related to our Platform, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

    12. intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

    13. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;

    14. "stalking" or with the intent to otherwise harass another individual; and/or

    15. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

  2. BrainWash LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS, or which would otherwise be considered offensive to other visitors, users and/or members.

  3. BrainWash LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

    1. compliance with any legal process;

    2. enforcement of the TOS;

    3. responding to any claim that therein contained content is in violation of the rights of any third party;

    4. responding to requests for customer service; or

    5. protecting the rights, property or the personal safety of BrainWash LLC, its visitors, users, and members, including the general public.

BrainWash LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by BrainWash LLC or any other content providers supplying content services to BrainWash LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

  1. LINKS

Either BrainWash LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that BrainWash LLC shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

  1. PAYMENT

All payments will be executed through PayPal. Users will both pay for washes / get paid for doing washes through their PayPal account. There is a holding period of washer’s earned funds before being able to claim, allowing BrainWash LLC time to respond to possible reports or complaints in regard to the transaction.

$1.25 is taken from the customer, and $1.25 is taken from the washer for each transaction. $1.25 goes to BrainWash profits, and $1.25 is put towards a scholarship fund for the University in which the student attends. The rest of the money for the wash is disbursed to the washer. Scholarships will be distributed at the end of each school year.

Users have the right to report a transaction, but BrainWash has the right to refund any users at BrainWash’s own discretion. If a user has a question about payment, the individual can send an email to contact@brainwashlaundry.com for further assistance. Money in a user’s BrainWash “wallet” is non-refundable and is used as a credit within the Platform itself. For more information about the privacy practices of PayPal, please refer to our Privacy Policy.

Refunds made by us (Not the App Distributor defined in Section 11) in our sole discretion may be credited into your Brainwash wallet as credit. All credit received in the Brainwash wallet may be used towards paying for services provided by Brainwash and cannot be used anywhere else. You hereby through this reference authorize us credit any refunds and other amounts to your Brainwash wallet.

  1. INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using BrainWash Student-to-Student Laundry Service to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

  1. APPLE AND ANDROID DEVICES

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Platform and Services: 

  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

  1. EXTERNAL SERVICE PURCHASES:

When making a purchase on a mobile application, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time. 

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. 

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Platform from your device. 

For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires. 

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.

  1. CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

    1. BrainWash LLC shall not lay claim to ownership of any content submitted by any visitor member, or user, nor make such content available for inclusion on our Platform Services. Therefore, you hereby grant and allow for BrainWash LLC the below listed worldwide, royalty-free, and nonexclusive licenses, as applicable:

      1. The content submitted or made available for inclusion on the publicly accessible areas of BrainWash LLC's Platform, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of BrainWash LLC's Platform and shall terminate at such time when you elect to discontinue your membership.

      2. For any other content submitted or made available for inclusion on the publicly accessible areas of BrainWash LLC's Platform, the continuous, binding and completely sub-licensable license, which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of BrainWash LLC's Platform are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

  1. CONTRIBUTIONS TO COMPANY PLATFORM

    1.  BrainWash LLC provides an area for our users and members to contribute feedback to our Platform. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Platform, you acknowledge and agree that:

      1. your contributions do not contain any type of confidential or proprietary information;

      2. BrainWash shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

      3. BrainWash shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

      4. the contributor's Contributions shall automatically become the sole property of BrainWash; and

      5. BrainWash is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

  2. INDEMNITY

All users and/or members herein agree to insure and hold BrainWash LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Platform may submit, post, modify, transmit or otherwise make available through our Services, the use of  BrainWash Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

BrainWash LLC has the right to apply charges to a user’s account if there is a dispute about damaged and/or stolen property reported by a user. If property is lost, damaged, and/or stolen, report the issue to contact@brainwashlaundry.com, send an email directly to the student to handle the dispute, and/or bring the issue to the university’s attention. BrainWash is not responsible for any property of the users. BrainWash is not responsible for stolen, lost, or damaged goods whatsoever. BrainWash LLC is also not liable for any student injury or illnesses. BrainWash LLC is not responsible for reactions to the detergent that is used. In case of emergency or injury, the student should contact emergency services immediately.

  1. Covid-19 Proviso; Risk Assumption

    1. You hereby through this reference agree that:

      1. Brainwash is not responsible in any manner for any risks related to COVID-19 in connection with the Platform and connected services which may be availed or provided by you. You understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. You further understand that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death.

      2. You are fully aware that participation in the provision or availing any services (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. 

      3. Further, You understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. 

      4. You hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.

  2. Loss of items and Washer Default Event

You agree that the services that may be provided by the Washers are of the nature that human errors are inevitable. The Washers may displace, lose, or damage a Customer’s articles or otherwise cause losses, damages etc. which may give rise to claims (“Washer Default Event”). Brainwash shall not under any circumstances be liable for any act, omissions, or anything which may cause the Customer any losses due to a Washer Default Event. Any claims that may arise due to a Washer Default Event shall be the sole liability of the Washer and not Brainwash.

  1. COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to BrainWash's Platform.

  1. USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that BrainWash LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by BrainWash LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on BrainWash LLC's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.  In addition, you also agree that BrainWash LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, BrainWash LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

  1. MODIFICATIONS

BrainWash LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

  1. TERMINATION

    1. As a member of BrainWash Student-to-Student Laundry Service, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to contact@brainwashlaundry.com.

    2. As a member, you agree that BrainWash LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

      1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

      2. by way of requests from law enforcement or any other governmental agencies;

      3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;

      4. unexpected technical or security issues and/or problems;

      5. any extended periods of inactivity;

      6. any engagement by you in any fraudulent or illegal activities; and/or

      7. the non-payment of any associated fees that may be owed by you in connection with your BrainWash Student-to-Student Laundry Service account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

  1. The termination of your account with BrainWash Student-to-Student Laundry Service shall include any and/or all of the following:

    1. the removal of any access to all or part of the Services offered within BrainWash Student-to-Student Laundry Service;

    2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

    3. the barring of any further use of all or part of our Services.

  1. ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that BrainWash LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our Platform.

  1. PROPRIETARY RIGHTS

You do hereby acknowledge and agree that BrainWash LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by BrainWash LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on BrainWash LLC Services (e.g., Content or Software), in whole or part.

You do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by BrainWash LLC for use in accessing our Services.

  1. WARRANTY DISCLAIMERS

    1. YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

      1. THE USE OF BRAINWASH LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. BRAINWASH LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

      2. BRAINWASH LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BRAINWASH LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BRAINWASH LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BRAINWASH LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

      3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BRAINWASH LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

      4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BRAINWASH LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

      5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. BRAINWASH IS NOT RESPONSIBLE.

  2. LIMITATION OF LIABILITY

    1. YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BRAINWASH LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

      1. THE USE OR INABILITY TO USE OUR SERVICE;

      2. COVID-19 OR OTHER DISEASES WHICH THE USERS MAY CONTRACT AT ANY TIME OR PLACE.

      3. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

      4. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

      5. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

      6. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

    2. IN THE EVENT ANY DISPUTE ARISES BETWEEN THE USERS, THEY SHALL TRY TO RESOLVE THE DISPUTE AMICABLY BETWEEN THEMSELVES.

  3. RELEASE

In the event you have a dispute, you agree to release BrainWash LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, or unsuspected, disclosed, and undisclosed, arising out of or in any way connected to such dispute. BrainWash has the ability to refund transactions at our discretion and may provide refunds but is not responsible for loss of or damage to student or school property, or for any allergic reactions that could occur. BrainWash is not responsible for injury or illness.

  1. EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  1. THIRD PARTY BENEFICIARIES

You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

  1. NOTICE

BrainWash LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Platform Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

  1. TRADEMARK INFORMATION

You herein acknowledge, understand, and agree that all of the BrainWash LLC trademarks, copyright, trade name, service marks, and other BrainWash LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of BrainWash LLC. You herein agree not to display and/or use in any manner the BrainWash LLC logo or marks without obtaining BrainWash LLC's prior written consent.

  1. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

    1. BrainWash LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, BrainWash LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

      1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

      2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

      3. A description of the location of the site which you allege has been infringing upon your work;

      4. Your physical address, telephone number, and email address;

      5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

      6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The BrainWash LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

BrainWash LLC Attn: Copyright Agent, Connecticut 06614
Email:        contact@brainwashlaundry.com

  1. GENERAL INFORMATION

    1. ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and BrainWash LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to BrainWash LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other BrainWash LLC Services, affiliate Services, third-party content, or third-party software.

 

  1. CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and BrainWash LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Connecticut without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and BrainWash LLC, shall be filed within the courts having jurisdiction within Connecticut or the U.S. District Court located in said state. You and BrainWash LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

  1. WAIVER AND SEVERABILITY OF TERMS

At any time, should BrainWash LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this 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.

  1. NON-TRANSFERABILITY 

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

  1. STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

  1. VIOLATIONS

Please report any and all violations of this TOS to BrainWash LLC as follows:

BrainWash LLC, Connecticut 06614

Email: Contact@brainwashlaundry.com 

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