STARCH CLUB

MOBILE APPLICATION

TERMS OF USE AGREEMENT

 

Last Revised November 25, 2017

 

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 STARCH CLUB MOBILE APPLICATION.

 

The following Terms of Use Agreement governs use of the STARCH CLUB Mobile Application (“App”), as provided by M AND R, inc., 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 Starch Club.  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:  STARCH CLUB is an app-based laundry service powered by the one of the strongest household brands in the U.S. The App focuses on simplifying the chore of laundry for consumers.  At the touch of a button, your laundry is picked up, cleaned by dry cleaning professionals and brought back to you, meaning laundry time can now be used for the things you’d rather be doing. 

 

PRIVACY:  Trust is a cornerstone of our corporate mission, and the success of our business depends on it. Starch Club 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 STARCH CLUB's Privacy Policy. Please refer to this link for STARCH CLUB’s Privacy Policy http://starchclub.com/privacy.  The Starch Club 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.  Eligibility may also depend on available Service Areas detailed below.

 

ACCOUNT:   In order to access the App, you will be required to register for a STARCH CLUB Account (an "Account").  You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information as applicable; and (b) maintain and promptly update your Account to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the services (or any portion thereof).  You represent and warrant that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the App; (c) comply with the Terms set forth herein; and (d) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the App. 

 

SERVICE AREAS:   Each driver is assigned various zip codes in which they can service.  Coverage may be limited at times and we may not be offering the service in your area. Additionally, we may not choose to service your building if there is not a secure location in which you can leave your bag for the driver. If either of these is the case, you may be unable to place orders in the app.  Please check periodically in the App to see if your zip code and/or address become serviced.

 

MOBILE:  Use of a mobile device may require payment of a monthly fee to a cellular wireless carrier or internet service provider. You shall have a mobile communications subscription with a participating carrier, have access to a mobile communications network, or access to internet by 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

 

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

 

STARCH CLUB 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. STARCH CLUB 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 STARCH CLUB 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.

 

COMMUNICATIONS:  You expressly consent and agree to accept and receive communications from us, including via e-mail, call, text message, and push notifications to the cellular telephone number you provided to us.  By consenting to being contacted by us, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver messages sent by or on behalf of STARCH CLUB, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your account or use of the App and updates concerning new and existing features.   If you wish to opt-out of emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you, including the “STOP” option described below.  Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.  You acknowledge that you are not required to consent to receive messages as a condition of using the App.  You may opt-out of receiving texts from us at any time by replying with the word “STOP” from the mobile device receiving the messages.   You acknowledge that opting out of receiving texts may impact your use of the App.

 

DAMAGED ITEMS:  While we are very cautious to treat all garments carefully, we cannot guarantee against color loss, bleeding, shrinkage of garments, or other damage to 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, we may reimburse you by paying up to ten (10) times the charge for cleaning the item regardless of brand, price or condition of the garment. The value of the reimbursement is at the sole discretion of us. Any damaged items must be reported support@starchclub.com and inspected by us within seven (7) days 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 support@starchclub.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 a dry-cleaned item deemed lost by us, will be limited to ten (10) times the charge for treating the garment.  Any wash and fold items deemed lost shall be evaluated on a case-by-case basis, but in any case reimbursement for lost wash and fold items shall not exceed five (5) times the price of the estimated weight of the wash and fold items.  We will not take responsibility for any loose items lost when submitted in a bag, such as watches, jewelry, or cufflinks.

 

PICK UP: STARCH CLUB is not a door-to-door service. You are to leave your bag(s) at the designated secure location within your building before the scheduled pick up time on your building’s pick up days. A designated secure location is a place in the building that STARCH CLUB has determined is secure and has easy access for pick ups and deliveries such as with a doorman.  These designated secure locations will appear within your app.  If you do not see a designated secure location noted in your app, please contact us.  We are not responsible for theft, damage, or loss of your garments prior to pick up or after delivery. You leave the bag(s) at the pick up location at your own risk.

 

DELIVERY:  The expected turnaround time will be 48 hours.  We will continue to optimize our operations and logistics to reduce that time as long as we can maintain the same level of quality. These will vary based on availability, and we will constantly adjust based on demand.  STARCH CLUB will be closed on Sundays and certain holidays (see App for details).  Delivery is free and there is no minimum order. Depending on your buildings, we may drop off the bags in a prearranged location (e.g. a package room or outside your apartment door). Once the bags are dropped off, STARCH CLUB is no longer responsible for any theft, damage or loss of garments that occur.

 

INVENTORY:  At any time, we may, in our discretion, 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.

 

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 STARCH CLUB 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/.

 

CALENDAR:  The App is capable of adding events to your calendar. By enabling the calendar feature of the App, you hereby expressly authorize STARCH CLUB and the App to access your device’s calendar. If you decline permission for the App to access your calendar, then the App will not be able to add events to your calendar. The App does not transfer your events off of your device.

 

PUSH NOTIFICATIONS:  The App will send you push notifications to remind you of when the driver is close to your house for pick-up/drop-offs, etc.  By using the App, you agree to receive these push notifications.  These notifications can be configured in the settings of your phone.

 

REFER A FRIEND:  Refer a friend to STARCH CLUB and receive credits for your next order if your friend uses the App and your friend will get credits off their first order too!  You can participate in the STARCH CLUB Refer-A-Friend Program (“RAF Program”) by sending emails, texts, or social media communications to friends sharing your unique Referral Code.  We do not reuse or sell the names or emails of friends and family that you have shared with us. 

 

Your friend will be able to redeem their credits by inputting your referral code during registration. To qualify, your friend must: (1) download the app; (2) register for the app and input your referral code; and (3) complete their first order.  Once your friend completes their first order, you will receive their credits. If your friend cancels their order before completion, you will not receive any credits. Please note that the RAF Program messages must clearly state that you are eligible to receive a credits if your friend signs up for the App and completes an order.  Unfortunately, if you do not disclose this information, you may be unable to participate in the current RAF Program, future programs, and may be required to give up any discounts you had acquired as a result of your participation in the RAF Program.

 

For every qualifying friend that signs up for the App and completes an order, you will receive credits to use in your account.  Credits are non-transferable and have no cash value. You cannot have more than $999.99 credits at once.

 

You must be 18 years old or older to participate in the RAF Program.  RAF Program is valid for residents of the 50 U.S. States and D.C. only.  Void outside 50 U.S. states, D.C. & where prohibited.  Not valid in Canada.  RAF Program credits are subject to verification at our sole discretion and are limited to orders made in the App.  Unfortunately, if you don’t meet these criteria, you may be unable to participate in the current RAF Program, future programs, and may be required to give up any credits you had acquired as a result of your participation in the RAF Program.  All taxes and shipping fees apply.  Terms and Conditions, features, pricing, fees, availability, service and support options are subject to change without notice and at any time.  You agree that you are participating in the RAF Program at your own risk and, to the fullest extent permitted under U.S. law.  In no event will we be liable for any direct, indirect, special, incidental, consequential, or any other type of damages related to or arising from the RAF Program or your participation in the RAF Program. 

 

FEEDBACK: If you choose to review or provide information about the App, the App accepts feedback and ratings. STARCH CLUB collects this information to improve the design and functionality of the App. This feedback is connected to your account and is not anonymous. By providing feedback, you give STARCH CLUB permission to follow up by phone or email to help resolve any issues or to get more information.

 

PAYMENTS:  You agree that any amounts charged following an order are mandatory and due and payable immediately upon completion of the order.  Charges include costs, fees and taxes.  We have the authority and reserve the right to determine and modify pricing.  Charges may vary based on the type of service you request.  You are responsible for reviewing the applicable charges and shall be responsible for all charges incurred under your account regardless of your awareness of such charges or the amounts thereof.  

  • Payment Methods. STARCH CLUB enables you to make card-based purchases at participating merchants by linking to your User Account debit, credit, and/or prepaid credit cards issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the "Networks"), as well as American Express and Discover ("payment instrument(s)"). You may not associate a Health Savings Account card with your STARCH CLUB User Account. Your User Account is not a bank account. STARCH CLUB is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury.

  • Primary and Secondary Payment Instruments. By linking a payment instrument(s) to your User Account, you represent to STARCH CLUB that you are an authorized user of the payment instrument(s). If multiple payment instruments are linked to your User Account, you must designate one linked payment instrument as a primary payment instrument. You may change the designated primary payment instrument associated with your User Account at any time. All payment instruments other than the designated primary payment instrument will be deemed "secondary" payment instruments. You are responsible for ensuring that all payment instruments are at all times current, non-expired, and valid for payments.

  • Redemption Codes. Users are permitted to redeem one promotion code, coupon code, referral code, or redemption code per order. Users may redeem a code with a greater amount, but may not use codes in combination. Use of certain codes may prevent you from redeeming other similar offers in the future.

  • Test Authorizations. By associating a payment instrument(s) with your STARCH CLUB User Account, you consent to STARCH CLUB's temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.

  • Delivery Charges:  Delivery is free and there is no minimum order

  • Facilitation of Payments.  All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.).   We may replace our third-party payment processing services without notice to you. Charges shall only be made through the App. Cash payments are strictly prohibited.

  • No Refunds.  Charges are assessed immediately following completion of the order to your authorized payment method.  All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to delete the App, any disruption to the App or Services, or any other reason whatsoever. STARCH CLUB may make exceptions to this policy on a case-by-case basis.

  • Failed Transactions.  In the event that we are unable to successfully charge any linked payment instrument, we will notify you via SMS, phone, and/or email, and you will be unable to initiate further payments with your Account.  Upon our notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days.  Your Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by us.  We are not responsible for any charges imposed by the issuer of your payment instrument(s) as a result of any failed charge by us. To the extent that we are unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that we may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your Account, and you will not contest the use of a third party to collect the debt and fees owed to us. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that we, or any agency or business employed by us, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with us, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.

  • Prohibited Transactions.  The App may be used only for the bona fide purchase and exchange of goods and/or services offered in the ordinary course of a merchant's business, and may not be used to process a payment or otherwise transfer money between two parties that is unrelated to a purchase of a product or services. The App may not be used for transactions in which you request cash back from the merchant.  We reserve the right to decline any attempted transaction if it appears that any of these Terms have been violated.

  • Debit/Credit Card Statements.  Our charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as "STARCH CLUB" or “Starchup” followed by an identifier related to the STARCH CLUB merchant partner at which the transaction occurred, and as explained above, may appear as a single charge for the aggregate amount of multiple individual transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution.  A knowingly false report of a fraudulent or unauthorized charge shall be grounds for us, in our discretion, to cancel your Account, and seek any other remedies available to us.

 

FRAUDULENT OR UNAUTHORIZED TRANSACTIONS; LOST DEVICES:   If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify us immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting us directly at:

STARCH CLUB Support Team support@starchclub.com
718 W Trade St.  Suite K, Charlotte, NC 28270
Regular Business Hours: Monday through Friday, 8 a.m. to 6:30 p.m., Eastern Time

  • Lost Devices.  In the event that you lose any mobile device on which the App linked to your Account is installed, or otherwise learn that your Account password is compromised ("Lost Device"), you shall notify us immediately by contacting support@starchclub.com.

  • Security; Reporting Requirements.  We implement a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your Account.  Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your Account.  There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:

  • If we confirm that a transaction(s) reported by you was an unauthorized or fraudulent use of your Account, and if: (i) the first such unauthorized transaction was reported to us within two (2) business days of a transaction receipt; or (ii) in the case of a Lost Device, the Lost Device was reported within two (2) business days of the loss; we will reimburse you for the amount of any fraudulent or unauthorized transactions charged to your payment instrument.

  • If you fail to notify us of a fraudulent or unauthorized transaction using your Account within two (2) business days of a transaction receipt, or in the case of a Lost Device, within two (2) business days of the Lost Device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; OR (ii) the sum of either $50 or the amount of the fraudulent use during the initial two (2) days (whichever is less), AND the sum of all fraudulent or unauthorized activity after the initial two (2) days prior to your notification to us. You authorize us to submit to your payment instrument(s) such charges up to that limited amount.

  • If you fail to notify us of a fraudulent or unauthorized transaction using your Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be responsible for all fraudulent or unauthorized charges after the sixty (60) day period, and authorize us to submit such charges to your payment instrument(s).

  • In the event that the state in which you established your Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.

  • Issuing Institutions.  To the extent that the security of your payment instrument(s) is compromised in an event having no relation to our platform (for example, your wallet is stolen), and your payment instrument is linked to another Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument.

  • User Fraud.  If we determine that you have engaged in any fraudulent use of the our platform, or use in violation of these Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, we will impose a fee of one hundred ($100.00) dollars for each investigation by us that results in a confirmation of such violation of these Terms.  By registering for an Account, you agree to all additional fees and penalties that we may impose in the event we deem your use of our platform to be in breach of these Terms, including without limitation the immediate termination of your Account.

 

RULES OF USE:

  • 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 STARCH CLUB. 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.

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

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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 

  • The App also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by STARCH CLUB 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 STARCH CLUB 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. STARCH CLUB 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.

  • 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, STARCH CLUB or the App.

  • 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.

  • You may not attempt to gain unauthorized access to STARCH CLUB’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 STARCH CLUB 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 STARCH CLUB 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 STARCH CLUB's Terms and Conditions: http://www.starchclub.com/privacy.  The STARCH CLUB Terms and Conditions are hereby incorporated into and made a part of this Agreement. 

 

HOLD HARMLESS AND INDEMNITY: You agree to hold harmless and indemnify STARCH CLUB 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 STARCH CLUB or any of its subsidiaries or affiliates.  In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and STARCH CLUB 

 

PROMOTIONS:  Special terms may apply to other services or promotions offered by STARCH CLUB, 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, the App Terms of Use Agreement will prevail. 

 

MODIFICATION OF TERMS:  STARCH CLUB may modify the terms of 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 North Carolina, 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 Mecklenburg County, North Carolina. 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 SERVICE AT YOUR OWN RISK.  STARCH CLUB 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 AND CONDITIONS, DO NOT DOWNLOAD OR USE THE STARCH CLUB MOBILE APPLICATION!

Starch Club Terms and Conditions