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Welcome to
My Fresh Shirt. BEFORE YOU USE THIS WEBSITE (“SITE”) PLEASE READ THE FOLLOWING
TERMS OF USE AND DISCLAIMER CAREFULLY. This Agreement (the "Agreement") is an
agreement between you and 4G Management, LLC d/b/a My Fresh Shirt ("My Fresh
Shirt") that states the terms and conditions under which you may use the site
and receive My Fresh Shirt services (the "services").
Your use
of the services and the site constitutes your agreement to the terms and
conditions set forth below. The site or the services should not be used if you
do not agree with all of the terms and conditions set forth herein.
If you
have any questions about this Agreement or the site, please email our Customer
Service team at
customerservice@myfreshshirt.com .
My Fresh
Shirt Satisfaction Policy
If you are
not satisfied with your My Fresh Shirt experience for any reason, we want to
make it right. We encourage you to contact us via e-mail at
customerservice@myfreshshirt.com, or
call one of the four My Fresh Shirt partners that referred you. We’ll be sure
to pick up your call and make sure you stay our friend!
My Fresh Shirt service
Our
Cleaning Process.
We are committed to providing you with convenient, quality, environmentally
friendly service. Our quality control process includes reviewing garments for
additional spotting and touching up, and inspecting for missing buttons and
loose seams and pant cuffs. Under some circumstances, My Fresh Shirt may
replace buttons and repair certain garments free of charge, provided that you
elect us to do so. For this option, please refer to the preferences section
under your profile.
My Fresh
Shirt makes every effort to operate as an environmentally friendly company. Our
garment cleaning process does not use the harsh dry cleaning chemical,
Perchloroethylene (Perc). My Fresh Shirt utilizes industry leading technologies
which reduce water and electricity consumption (when compared to standard
machines). My Fresh Shirt makes no claim to the accuracy of the stated
environmental benefits of its services. My Fresh Shirt utilizes 3rd
party resources, reports, and in-house calculations as a basis for the
environmental facts contained herein.
In the
case of inclement weather, or unforeseen delivery complications, it may be
necessary to make adjustments to our delivery schedule, which will cause us to
suspend chosen delivery dates and times. If there will be a significant delay, a
customer service representative may notify you via e-mail or sms text message to
let you know the status of your delivery time. We will deliver your order as
soon as the conditions permit. We will never deliver an order past the scheduled
time of service without the customer's consent. If your designated delivery
location (i.e., street, avenue, etc.) is inaccessible, rendering us unable to
make the delivery, we will contact you to determine the best alternate location.
In the
interest of safety, we do not deliver to walk-ups (a building without an
elevator) above the 5th floor. In the event of a broken elevator, we also do not
ask our drivers to carry deliveries more than 5 floors. Our technology cannot,
and does not, enforce these limits. We ask our customers to abide by these
service limitations, as we may limit deliveries when orders exceed these
requirements. Again, this limitation exists only to protect the health of our
delivery staff. We appreciate your understanding and cooperation.
Payment of
Service.
My Fresh Shirt currently only accepts major credit cards. Your credit/debit
card will be charged for your order upon delivery of your clothes.
Price and
Quality of Service.
At My Fresh Shirt we believe in offering our customers high quality and
convenient service at competitive prices. Although our goal is to provide you
with prompt, reliable service, we may be prevented from performing our services
for reasons that are beyond our control. In such cases, we will provide you
with notice of any expected delays and resume our services as soon as possible.
We cannot be held liable for such delays.
My Fresh
Shirt’s prices may change periodically. All customers are responsible for
understanding the pricing terms detailed on My Fresh Shirt’s website (prices)
prior to placing any pick-up order, and prior to dropping off any serviceable
items under a recurring order process. Upon completion of a My Fresh Shirt
service, the customer is responsible for prompt payment of the detailed invoice
sent to the customer upon My Fresh Shirt’s itemization of the order. Any
questions regarding pricing must be addressed by the customer prior to My Fresh
Shirt servicing the requested order. My Fresh Shirt will make a best-effort in
notifying its current customers of any price changes via email. Emails will be
sent to the customer’s email address filed with My Fresh Shirt.
Intellectual Property
Copyright.
All content included on this site, including text, graphics, logos, designs,
photographs, button icons, images, audio/video clips, digital downloads, data
compilations, and software, is the property of My Fresh Shirt, or its suppliers
and is protected by United
States and international copyright laws or other intellectual property laws and
treaties. The compilation of all content on this site is the exclusive property
of My Fresh Shirt and protected by U.S. and international copyright laws.
Content shall not be reproduced or used without express written permission from
My Fresh Shirt, or its suppliers. You agree not to decompile, reverse engineer
or disassemble any software, not to insert any code or product or manipulate the
content of the site in any way that affects the user's experience, and not use
any data mining, data gathering or extraction method. Consent is granted to
view, electronically copy, and print in hard copy portions of this site for the
sole purpose of placing an order with My Fresh Shirt. You acknowledge that My
Fresh Shirt and/or third-party content providers remain the owners of such
material and that you do not acquire any of those ownership rights by
downloading copyrighted material. My Fresh Shirt reserves the right to revoke
this authorization at any time, and any use shall be discontinued immediately on
written notice from My Fresh Shirt.
Trademarks.
"My Fresh Shirt," all My Fresh Shirt logos, and all titles, characters, names,
graphics, and button icons are service marks, trademarks, and/or trade dress of
My Fresh Shirt or otherwise proprietary to My Fresh Shirt and may not be used by
you for any reason other than as expressly permitted by this Agreement. All
other trademarks, service marks, product names, and company names or logos
appearing in the My Fresh Shirt service and on the site are the property of
their respective owners and you do not acquire any ownership rights in such
marks, logos, or names by using this site or the My Fresh Shirt service.
Customer
service
If you
need assistance with your account, or have any questions regarding our services,
you can reach us anytime by sending us an email to
customerservice@myfreshshirt.com.
Access to
My Fresh Shirt service
ID Number
and Passwords.
Access to the My Fresh Shirt service is accomplished through the use of a user
name and a password that will be issued to you upon registration. You are solely
responsible for any authorized or unauthorized access to your account by any
person. You agree to bear all responsibility for the confidentiality of your
password and all use or charges incurred from use of all of My Fresh Shirt’s
services with your password. You agree to notify My Fresh Shirt promptly of any
unauthorized use of your password and you will remain liable for any use of My
Fresh Shirt’s services until you notify My Fresh Shirt of the unauthorized use
of your password.
Your Account. You are responsible for, and agree to pay promptly, all
charges to your account, including applicable taxes and purchases by you or
anyone you allow to use your account and password to access the My Fresh Shirt
service. You agree that you will not provide fraudulent information and that
you are solely responsible for any information you provide to My Fresh Shirt,
and accept responsibility for all activities that occur under your account or
password and for restricting access to your computer. You will comply with all
laws applicable to your activities on the site and with this Agreement.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under
your account or password, and you agree not to engage in unacceptable use of My
Fresh Shirt and its services, which includes, without limitation, use of My
Fresh Shirt’s services to: (a) disseminate or transmit unsolicited messages,
chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit
material that, to a reasonable person, may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c)
disseminate or transmit files, graphics, software, or other material that
actually or potentially infringes the copyright, trademark, patent, trade
secret, or other intellectual property right of any person; (d) create a false
identity or otherwise attempt to mislead any person as to the identity or origin
of any communication; (e) export, re-export, or permit downloading of any
message or content in violation of any export or import law, regulation, or
restriction of the United States and its agencies and authorities, or without
all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or
attempt to gain unauthorized access to other accounts on the My Fresh Shirt
service or any other computer network; (g) disseminate or transmit viruses,
Trojan horses, or any other malicious code or program; or (h) engage in any
other activity deemed by My Fresh Shirt to be in conflict with the spirit or
intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE MY FRESH SHIRT SERVICE, THE SITE, AND THE
INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MY FRESH SHIRT SERVICE, THE SITE, AND
ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT
PERMITTED BY APPLICABLE LAW, MY FRESH SHIRT DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE MY FRESH SHIRT SERVICE, THE SITE, OR ITS CONTENTS
OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR
IN CONNECTION WITH THE MY FRESH SHIRT SERVICE; MY FRESH SHIRT DOES NOT ADOPT ANY
REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH
INFORMATION, SERVICE, OR PRODUCTS. MY FRESH SHIRT MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY
INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE MY FRESH
SHIRT SERVICES. MY FRESH SHIRT DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MY FRESH SHIRT NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDER MEMBERS,
AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS,
MERCHANTS, OR LICENSORS (COLLECTIVELY, "MY FRESH SHIRT PARTIES") SHALL BE LIABLE
FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS
OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN
CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE MY FRESH
SHIRT SERVICE, OR THE INTERNET. MY FRESH SHIRT'S LIABILITY SHALL BE LIMITED TO,
AT MY FRESH SHIRT’S ELECTION, REPAIRING OR REPLACING ANY DAMAGED OR LOST GARMENT
AND/OR PROVIDING YOU WITH A REFUND FOR THE COST OF SERVICES. YOUR SOLE AND
EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE MY
FRESH SHIRT SERVICE AND TO TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH
STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
The material in the site is provided for lawful purposes only. My Fresh Shirt
controls and operates this site from its headquarters in New York,
New York, USA, and makes no representation that these materials are appropriate
or available for use in other locations. If you use the site from other
locations, you are responsible for compliance with applicable local laws. Price
and service information is subject to change without notice.
You agree to defend, indemnify, and hold My Fresh Shirt Parties harmless from
any and all suits, actions, legal or administrative proceedings, claims,
demands, damages, liabilities, and expenses, including attorney's fees and
costs, arising in connection with a violation of this Agreement by you or
through use of your account.
Miscellaneous
Termination. This Agreement is effective upon your acceptance as set
forth herein and shall continue in full force and effect until terminated. My
Fresh Shirt may suspend or terminate this Agreement or the My Fresh Shirt
service or remove or disable access to any portion of the My Fresh Shirt service
at any time for any reason with or without notice to you. You may terminate this
Agreement and your My Fresh Shirt service at any time for any reason by
delivering notice in the manner provided below, which termination will be
effective the day notice is received or such later date specified in the notice.
My Fresh Shirt reserves the right to collect fees and charges incurred before
you cancel your My Fresh Shirt service. In addition, you are responsible for any
charges incurred to third-party vendors or content providers prior to your
cancellation.
Notices. My Fresh Shirt may give notice to you of a change in this
Agreement, a change in the My Fresh Shirt Fee Schedule, and any other matter
through a general posting on the My Fresh Shirt site, by electronic mail, or by
conventional mail to your address contained in the Customer Registration Data.
You may give notice to My Fresh Shirt by sending an e-mail to
customerservice@myfreshshirt.com,
Attention:
CUSTOMER CARE
Entire
Agreement.
This Agreement and the Privacy Policy referred to herein represent your entire
agreement with My Fresh Shirt regarding the use of the My Fresh Shirt service
and the My Fresh Shirt site. You agree that this Agreement is not intended to
confer and does not confer any rights or remedies upon any person other than
you, My Fresh Shirt, and My Fresh Shirt Parties. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the original
intention of the parties, and the remainder of this Agreement shall remain in
full force and effect. The failure of either party to insist upon strict
performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. This Agreement shall be governed by the laws
of the State of New York
without regard to its conflict of laws rules. You expressly agree that exclusive
jurisdiction for any claim or dispute with My Fresh Shirt or relating in any way
to your use of the My Fresh Shirt service or the My Fresh Shirt site resides in
the federal and state courts of New York and you further expressly consent and
agree to personal jurisdiction by the state and federal courts sitting in the
State of New York in connection with any such dispute, including any claim
involving My Fresh Shirt Parties. Any cause of action by you must be instituted
within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the
benefit of My Fresh Shirt Parties, and each shall have the right to assert and
enforce the provisions directly on their own behalf. This Agreement and all
obligations and restrictions placed upon you or your permitted users by this
Agreement shall survive termination of this Agreement and your My Fresh Shirt
service.
Amendment. My Fresh Shirt may amend this Agreement at any time by posting
the amended terms on our site. All amended terms shall automatically be
effective seven days after they are initially posted on our site. By using this
site after the effective date of any such amendment, you agree to be bound by
any such revisions and should therefore periodically visit this page to
determine the then current Agreement to which you are bound.
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