TIDE CLEANERS

MOBILE APPLICATION

TERMS OF USE AGREEMENT

 

Last Revised April, 2019

PLEASE READ THIS DOCUMENT CAREFULLY!  IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER, PARTICIPATE IN AND/OR USE THE TIDE CLEANERS MOBILE APPLICATION.

The following Terms of Use Agreement governs use of the Tide Cleaners Mobile Application (“App”), as provided by The Procter & Gamble Distributing LLC (“P&G,” “we,” or “our”), by all those who access the App, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store, or transmit digital content (collectively, “you” or “your”).

These Terms of Use, together with any other disclosures, updates, rules, postings, bulletins, or other terms listed or communicated on or through the App (collectively, the “Agreement”), constitutes a legal and binding agreement between you and P&G.  By downloading, using or registering on any aspect of the App, you agree to comply with all terms set forth in the Agreement. If you cannot agree with these terms, please do not download, register for, participate in, or use the App. 

ABOUT: Tide Cleaners provides personalized washing, folding, dry cleaning, and alterations. The future of laundry care, brought to you by America’s #1 trusted laundry brand.

PRIVACY:  Trust is a cornerstone of our corporate mission, and the success of our business depends on it. P&G is committed to maintaining your trust by protecting personal information we collect about you, our consumers.  Any personally identifiable information collected from you is subject to the guidelines established in P&G’s Privacy Policy. Please refer to this link for P&G’s Privacy Policy http://www.pg.com/privacy/english/privacy_notice.html.  The P&G Privacy Policy is hereby incorporated into and made a part of this Agreement. 

The App collects the information you provide when you download and register the App.  The App may collect certain information automatically. This information includes but is not limited to the type of mobile device you use, your mobile devices unique device ID (UDID), the IP address of your mobile device, your mobile operating system, and information about how you use the App. 

ELIGIBILITY:  Your participation is completely voluntary.  You represent and warrant that all information you submit is truthful and accurate.  You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract.  Your use of the App shall not violate any applicable local, state, federal, or international laws or regulations.  The App is only available to individuals who are legal residents of the fifty (50) United States and the District of Columbia.

MOBILE:  Use of a mobile device may require payment of a monthly fee to a wireless carrier. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the App available. You shall provide all equipment and software necessary to connect to the App, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the App.  You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the App.

The App can be downloaded on certain mobile devices using those devices’ respective application portals.  Supported devices include the following:

  • For Apple devices:

    • iOS 8.0 or later is required

    • Compatible with iPhone

    • This app is optimized for iPhone 6.  

  • For Android devices:

    • OS 4x or later is required

    • Compatible with Android Devices

    • This app is optimized for Android Phones

P&G will not be liable for any delays in the receipt of any submissions, as delivery is subject to effective transmission from your network operator.

P&G does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components. P&G does not make any representations or warranties regarding the use or the results of the use of the materials in App in terms of their correctness, accuracy, reliability, or otherwise. Interruptions of the App will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance is experienced/performed by P&G or your wireless carrier.

You understand and agree that the downloading of the App to your wireless device is at your own discretion and risk. You will be solely responsible for any damages to your wireless device or loss of data that results from such download and use.

GEO-LOCATION: The App uses technologies to record and compile your location, either through IP addresses, other location technologies, or through you entering your location. By downloading, using, or registering any aspect of the App, you hereby expressly authorize P&G to allow your device to be located, and these locations to be recorded, compiled, stored, and displayed. You do not have to enable the location option. If you do not turn it on, P&G will not calculate or record your location information.

ANALYTICS:  The App uses Google Analytics in order to create accurate, real time user data reports for mobile app developers.  The App may collect and submit aggregated anonymous usage data and an anonymous, unique identifier to P&G and Google servers. Your use of this feature in the App is further subject to Google’s Terms of Service: http://www.google.com/intl/en/policies/terms/ and Privacy Policy http://www.google.com/intl/en/policies/privacy/.

PHOTOS: The App is capable of displaying photographs from your device. By enabling the photos feature of the App, you hereby expressly authorize P&G and the App to access your device’s photos to display in the App. If you decline permission for the App to access your photos, then the App will not be able to display your photos to you. The App does not transfer your photos off of your device.

PUSH NOTIFICATIONS:  The App will send you push notifications to update you on the status of your laundry.  By using the App, you agree to receive these push notifications.  These notifications can be configured in the Settings.

RULES OF USE:

  1. You may display and, unless otherwise stated, electronically copy, download and print hard copy portions of the material from the App solely for your own noncommercial use.  Any other use of materials on the App is not allowed without prior written permission of P&G. The App is intended for your personal use only. You are responsible for all use of the App by you and by those you allow to use, or provide access to, the App.

  2. You may not send through the App content containing solicitations of money or services.

  3. You may not send through the App content containing viruses, Trojan horses, worms, bots, malware, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.

  4. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio, or other material that constitutes junk mail, spam, advertising, adware, chain letters, pyramid schemes,  and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

  5. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App.

  6. You further agree not to use any sexually explicit language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in "cyber-sex" (i.e., virtual or simulated sex") or solicit another to participate in "cyber-sex" on or through the App.

  7. You may not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

  8. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on or through the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

  9. The App may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

  10. The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by P&G or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “App Content”). The App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of P&G or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited. P&G grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.

  11. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, P&G  or the App.

  12. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App.

  13. You may not attempt to gain unauthorized access to P&G’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the App or otherwise.

CHANGES TO APP:  The Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the App, so check back often. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which P&G specifically disclaims any and all responsibility and liability.  Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement.

VIOLATIONS OF TERMS:  In addition to any legal remedies that P&G may have for your violation of the terms of this Agreement, your failure to follow these terms, whether listed in these Terms of Use or communicated on or through the App, may result in suspension or termination of your access to the App without notice.

ADDITIONAL TERMS AND CONDITIONS:  Your use of the App is further subject to P&G’s Terms and Conditions: http://www.pg.com/terms.htm.  The P&G Terms and Conditions are hereby incorporated into and made a part of this Agreement. 

TIDE CLEANERS STORE POLICY:  Your use of the App is also subject to Tide Cleaners Store Policy: https://www.tidecleaners.com/terms.  The Tide Cleaners Store Policy is hereby incorporated and made part of this Agreement.

HOLD HARMLESS AND INDEMNITY: You agree to hold harmless and indemnify P&G and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the App, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

RELATIONSHIP OF THE PARTIES:  The contributions provided by you are not to be considered as representative of the views of P&G or any of its subsidiaries or affiliates.  In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and P&G. 

PROMOTIONS:  Special terms may apply to other services or promotions offered by P&G, such as Official Rules for contests, sweepstakes, features and/or activities.  Any such terms are in addition to these guidelines, and in the event of a conflict, this Agreement will prevail. 

MODIFICATION OF TERMS:  P&G may modify this Agreement at our sole discretion and without notice, which modification shall be effective immediately.  Accordingly, we suggest that you check this page regularly for updated or additional guidelines.

CHOICE OF LAW, VENUE AND JURISDICTION:  This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Ohio, U.S.A., without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties.  Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY WEBSITES AND FEATURES:  There may be links from the App, or from communications you receive from the App, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the App.  The App may also include third-party content that we do not control, maintain or endorse.  Functionality on the App may also permit interactions between the App and a third-party website or feature, including applications that connect the App or your profile on the App with a third-party website or feature.  For example, the App may include a feature that enables you to share content from the App or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk.  We do not control any of these third-party web services or any of their content.  You expressly acknowledge and agree that we in no way are responsible or liable for any such third-party services or features.  YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the App or your profile on the App with a third party services and such services may interact with, connect to or gather and/or pull information from and to your App profile.  By using such services, you acknowledge and agree to the following:  (i) if you use a third party service to share information, you are consenting to information about your profile on the App being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.

NO WARRANTY:  THE APP IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE APP AT YOUR OWN RISK.  P&G EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE APP OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE EXCLUSION OF WARRANTY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  _____________________________________________________________________________________________________________________________________

IF YOU DO NOT AGREE TO THE ABOVE TERMS OF USE, DO NOT DOWNLOAD OR USE THE TIDE CLEANERS MOBILE APPLICATION!

© Tide Cleaners 2019. All rights reserved.

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