TERMS AND CONDITIONS

Welcome to Custom Dry Cleaner’s website (the “Site”), which includes all of the information and features made available through the DryCleaner.com domain name. You now have access to the Site, associated data, proprietary software, content, and related documentation thanks to Custom Dry Cleaner.

BEFORE USING THE SITE AND/OR SERVICES, PLEASE READ THESE TERMS OF SERVICE CAREFULLY (AS DEFINED HEREIN).

By visiting, downloading, registering for an account (“Account”) on the site, accessing or using any part of the site, you (the terms “You”, “Your”, and “Yours” shall refer to any and all users of the site (“User”)) expressly agree to and consent to be bound by (a) the terms and conditions of this terms of service agreement (“Agreement”), and (b) custom dry cleaner’ privacy policy, which can be found at https://customfinecleaners.Com/privacy-policy/ (“Privacy policy” custom dry cleaner does not authorize you to use any of the services and you may not access or use any portion of the site if you do not agree to the terms of this agreement and/or the privacy policy. At any time, custom dry cleaner may modify this agreement. And such modification shall take either the posting of the modified agreement or notification to you to be effective. You agree to periodically review this agreement to ensure that you are aware of any updates. The modified agreement shall be deemed accepted by you conclusively if you continue to access or use the site.

1. SERVICE TERMS AND LIMITATIONS.

1.1 Private Rights. The entirety of the information displayed on the site (the “Content”) is protected by copyright as a collective work under US law and other copyright laws. The Content is the sole and exclusive property of Custom Dry Cleaner. Other third parties’ property may also include collective works that are protected by copyright and other intellectual property laws. Except as otherwise provided, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content only for personal, non-commercial use. Without the express written consent of the copyright owner, it is strictly forbidden to redistribute, retransmit, or publish any copyrighted material. Any proprietary notices from materials downloaded from the site cannot be changed or removed. Without the express written consent of Custom Dry Cleaner, you agree not to use any Custom Dry Cleaner trademarks or proprietary graphics. As between the parties, Custom Dry Cleaner and/or its content providers shall retain title, ownership rights, and intellectual property rights in the Content and any copies or portions thereof. The Site contains third-party trademarks, service marks, and logos that are owned and used under license by those owners. All rights that aren’t expressly granted in this document are reserved.
1.2 A Limited License is granted. The Service is not sold; rather, it is licensed to you. Custom Dry Cleaner hereby grants you a revocable, non-exclusive, non-transferable account that enables you to access and use the Services, the Site, subject to the terms of this Agreement and upon your registration for an Account. All of the Content that is made accessible to view and/or download in connection with the Site is owned by Custom Dry Cleaner and/or its suppliers, is protected by copyright, and is provided under license rather than for sale. The Site and/or the Content may not be lent, leased, rented, or sublicensed by you.

2. ONLINE COMMUNICATIONS.

2.1 Contributed Material. The data and other materials you upload, publish, or display (hereinafter, “post”) on the website (collectively, the “Submitted Content”) are solely your responsibility. You are aware that anyone can access the Site. As a result, you shouldn’t post any information to the Site that you consider to be confidential. By posting Submitted Content, you consent that Custom Dry Cleaner may, in the event of legal action resulting from any Submitted Content posted by you, disclose your identity and any information we have about you to any law enforcement official or agent. If you participate in online discussions, they happen in real time without being edited, censored, or otherwise altered. or under the direction of Custom Dry Cleaner. Custom Dry Cleaner is unable to screen content you submit to the site and does not do so either. Despite the aforementioned, Custom Dry Cleaner reserves the right to monitor content on the Site and to remove any that it deems to be harmful, offensive, or otherwise in violation of this Agreement or its user operating policies.
2.2 User Representations and Warranties. You guarantee, represent, and agree that you will not publish any Submitted Content or otherwise use the Site in a manner that I violates the rights of another party’s intellectual property, proprietary rights, right of publicity, or right to privacy; (ii) any law, statute, ordinance, or rule is broken; (iii) that you know or should know is harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading, or otherwise objectionable; (iv) has a negative impact on Custom Dry Cleaner’ goodwill, name, or reputation; puts Custom Dry Cleaner or anyone else in an uncomfortable or distressing situation; or dissuades any person, firm, or enterprise from using all or any portion, feature, or function of the Site, from advertising on the Site, or from liking or signing up to be a supplier to use in connection with the Site; (v) send junk email, chain letters, duplicate or unsolicited messages, or otherwise contribute to their transmission; (vi) transmit, distribute, or upload software, files, or other content that contains malicious code, including spyware, trojan horses, worms, timebombs, cancelbots, viruses, or other potentially harmful software; (vii) make a false report to a Custom Dry Cleaner agent or employee; (viii) bypass security-related features of the website or its features that forbid or restrict the use of, or the copying of, any content; (ix) intercept emails or other private communications not meant for you, or attempt to do so; and/or (x) forces the Site to be used for commercial or business purposes, including but not limited to advertising, marketing, or offering goods or services, whether or not for financial compensation or any other form of reward, or through linking with any other Sites or web pages. You further guarantee, affirm, and concur that you will not (x) post or transmit any indecent, obscene, or pornographic messages, data, images, or programs; (y) Using the Site to harass, abuse, stalk, threaten, or otherwise infringe upon another person’s legal rights, including their right to privacy and publicity; (z) remove all author credits, legal disclaimers, and proprietary labels from any files you upload to the site. While Custom Dry Cleaner does not intend to deter you from reporting issues with the Services, it does reserve the right to do so whenever necessary and to remove any content from the Site for any reason (including, but not limited to, upon receiving claims or allegations relating to such content from third parties or authorities or if Custom Dry Cleaner is concerned that you may have violated the Terms of Service).
2.3 Grant of a license. You automatically grant Custom Dry Cleaner a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any Submitted Content you post on publicly accessible areas of the Site (or warrant that the owner of such content has expressly granted) by doing so, Any form, media, or technology, whether by any means and in any media now known or hereafter developed, is acceptable. You also have the option to sublicense these rights through several tiers of sublicenses. Further, you acknowledge and agree that your name, likeness, and/or FB Website Profile may be linked to your submitted content. Accordingly, you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide license to use your name, likeness, and/or FB Website Profile in connection with your submitted content.You acknowledge that any alleged or actual infringement or misappropriation of any proprietary right in your communication to us will not give rise to any recourse against Custom Dry Cleaner. By signing this agreement, you also agree to grant each User a non-exclusive license to access your submitted content via the site and to use, reproduce, distribute, display, and perform that submitted content in accordance with the terms of this agreement and the functionality of the site. You further acknowledge and agree that Custom Dry Cleaner may at any time and for any reason delete any comment at its sole discretion and that no payment will be made in exchange for the use of your comments as set forth herein. Further, You authorize and direct Custom Dry Cleaner to make any copies of any Submitted Content that you post on the Site to the extent that Custom Dry Cleaner deems such copies necessary to enable the posting and storage of such content on the Site. Any Submitted Content that you post on the Site may be removed at any time by you. The above-granted license will automatically expire if you choose to remove your submitted content, but you agree that Custom Dry Cleaner may keep copies of it in the past.

3. OPERATION

Custom Dry Cleaner retains complete and exclusive control over how the Site is run. In addition to other things, Custom Dry Cleaner has the right to: (a) delete emails or private messages if a user has not accessed them within the time frame specified by Custom Dry Cleaner policies; (b) subject to Section 1, disclose information about users to third parties; and (c) remove, suspend, or discontinue any functionality or feature of the site. Custom Dry Cleaner has the right to review uploaded files, conferences, forums, and chats and to decide whether to impose access restrictions. Email and private message content won’t be reviewed by Custom Dry Cleaner unless specifically instructed to do so by applicable law or legal process.

4. CONTENT AND GENERAL DISCLAIMERS

4.1 disclaimer in general. Custom dry cleaner provides the site and on an “As is” basis. In relation to the operation of the site, the information, content, materials, or products included on the site, custom dry cleaner makes no representations or warranties of any kind, express or implied. Custom dry cleaner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free. No warranties that go beyond the face of these terms are provided. Custom dry cleaner is not able to protect you from human or machinery errors, omissions, delays, interruptions, or losses, including data loss, and does not make any such promise. Custom dry cleaner cannot and does not warrant or guarantee that file download available from the site, trojan horses or other code that manifest contaminating or destructive properties. Custom dry cleaner does not warrant or guarantee that defects in the site will be corrected or that the functions or service accessed through the service will be uninterrupted or error-free. This warranty disclaimer formes an essential part of these terms. Your sole and exclusive remedy is to stop using the service if you are unhappy with any aspect of it or with any of these terms. Custom dry cleaner reserves the right to modify the service or the features at any time and for any purpose. Custom dry cleaner has made an effort to provide accurate information on the site, but it disclaims all liability for the information’s accuracy or completeness.
4.2 Only for Informational Purposes. Even though the original author may work for Custom Dry Cleaner, any opinions expressed on the Site are the personal opinions of the original author and not Custom Dry Cleaner. Custom Dry Cleaner or any other party does not endorse or make any representations regarding the Content, which is only being provided for informational and recreational purposes. No express or implied warranty or guarantee is made by Custom Dry Cleaner regarding the accuracy, copyright compliance, legality, or any other aspect of any Submitted Content, blogs, opinions, or other commentary posted on the Site or any third-party website linked to the Site.
4.3 Disclaimer of Information from Third Parties. You acknowledge that when using the Site, you will be exposed to third-party content and submitted content from a wide range of sources, and that Custom Dry Cleaner is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third-party content or submitted content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Custom Dry Cleaner with respect to such Submitted Content and third-party content, as you further understand and acknowledge that you may be exposed to it. You agree with the statements on the website. Only the authors’ opinions are reflected in newsgroups, message boards, emails, forums, conferences, chats, and/or submitted content. Custom Dry Cleaner does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein. Forum managers, forum hosts, content providers, or merchants appearing on the Site, as applicable, are not authorized Custom Dry Cleaner spokespersons and their opinions do not necessarily reflect those of Custom Dry Cleaner.
4.4 Hyperlinks to Other Websites. Links to other websites may be found on the Site. You acknowledge that you do so at your own risk and that Custom Dry Cleaner is not liable for the truth or accuracy of any information, products, services, opinions, advice, or statements made on any other Internet site that is linked to the Site. You are aware that clicking on some of these links could inadvertently take you to a website with content that you or others might find offensive or inappropriate. You acknowledge that since Custom Dry Cleaner has no control over these external links and cannot therefore be held responsible for any harm or loss resulting from your use of or reliance on any such third-party websites. The inclusion of these links by Custom Dry Cleaner is solely for your convenience and in no way represents an endorsement or recommendation by Custom Dry Cleaner. You acknowledge that Custom Dry Cleaner disclaims all liability for any form of transmission obtained from any link, including liability for any loss or damage arising from the malfunction of any link. Any privacy policies and terms of use posted in connection with these links must be followed by you when viewing.

5. INDEMNIFICATION

You consent to indemnify, defend, and hold harmless Custom Dry Cleaner, its officers, directors, employees, agents, information providers, and suppliers from and against any violation of this agreement, breach of your representations contained herein, or activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligence).

6. WAIVER AND RELEASE

You agree that in connection with your use of the site, the service, or the content, neither custom dry cleaner nor any of its officers, directors, employees, agents, licensors, or suppliers shall be liable to you under any theory of liability or indemnity. You expressly acknowledge that custom dry cleaner shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against custom dry cleaner, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of custom dry cleaner, its officers, directors, employees, agents, licens agents, licensors, or suppliers) for any losses or damages you may incur as a result of using the site, service, or the content.

7. LIABILITY LIMITATION

Despite the preceding sentence, Custom Dry Cleaner disclaims all liability for any indirect, incidental, punitive, or consequential damages resulting from the use or inability to use the website, including, but not limited to, lost profits, business interruption, loss of information or data, or costs of replacement goods, even if Custom Dry Cleaner has been informed of the possibility of such damages. The website is managed and provided by Custom Dry Cleaner from facilities in the United States of America. Custom Dry Cleaner DOES NOT WARRANT THAT THE WEBSITE IS SUITABLE OR AVAILABLE FOR USE IN OTHER LOCATIONS. Users of the site from other jurisdictions do so at their own volition and are responsible for adhering to local laws in those jurisdictions.

8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION

The intellectual property rights of others are respected by Custom Dry Cleaner. You can report alleged copyright infringement to Custom Dry Cleaner, and Custom Dry Cleaner will investigate all complaints of alleged copyright infringement and take down any content found to have been posted or distributed in contravention of any such laws. To make a claim, kindly supply the following information:
(a) The person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed must sign the document physically or electronically;
(b) A description of the work protected by copyrights or other piece of intellectual property that you assert has been violated;
(c) A description of the location on the Site of the allegedly infringing material that is reasonably sufficient to allow Custom Dry Cleaner to find it;
(d) Your contact details, such as your home address, cell phone number, and email address;
(e) Your declaration that you sincerely believe the copyright holder, its agent, or the law has not given permission for the use of the material in the manner complained of; and
(f) A declaration from you under oath that the information in your notice is accurate and that you are the copyright or intellectual property owner or have the necessary authority to act on their behalf.

9. TERM AND TERMINATION

This Agreement may be terminated at any time and for any reason by either you or Custom Dry Cleaner. In addition, if you violate any of its terms, this Agreement will end immediately and without warning. Additionally, Custom Dry Cleaner reserves the right to immediately terminate or suspend your Account and your use of the Site and Services. A termination of this Agreement will not affect the provisions of Sections 1.1 (Proprietary Rights), 1.3 (User Agreement), 1.4 (User Representations), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), and 16 (Miscellaneous).

10. PRIVACY RIGHTS

Custom Dry Cleaner is steadfastly committed to safeguarding your privacy, other Users’ privacy, and the data that Custom Dry Cleaner collects. When registering for the Services, you guarantee and agree that you won’t use them to follow or gather Users’ personally identifiable information. Please visit and review Custom Dry Cleaner’s Privacy Policy for the company’s full policy regarding privacy.

11. CONTROLS

You must abide by all export laws, restrictions, and regulations issued by the Department of Commerce, the Office of Foreign Assets Control (“OFAC”) of the US Department of Treasury, or any other US or foreign agency or authority. You also must not export or permit the export or reexport of the Material in contravention of any such restrictions, laws, or regulations. You acknowledge and agree to the foregoing by downloading or using the Material, and you represent and warrant that you are not located in, under the control of, a national or resident of, or on any such list.

12. DAMAGED ITEMS

Our top priority is caring for your clothing. We work hard to deliver superior service. Although we take great care to treat every garment with care, we cannot make any promises regarding the prevention of color loss, bleeding, or shrinkage of clothing. Additionally, we do not accept liability for any worn or defective clothing that might have minor tears or holes in it. Regardless of the brand, cost, or state of the garment, Custom Dry Cleaner may compensate you for any items that are judged to be damaged by paying up to ten (10) times the cleaning fee. Within seven (7) days, Custom Dry Cleaner must receive a report of any damaged items and inspect them in person or with the help of digital photos. The item must be tested at the International Fabricare Institute Garment Analysis Lab if the cost of the damage exceeds $150.

13. LOST ITEMS

Any lost item must be reported to aloha@konacleaners.com within 7 days of the garments being delivered. Every claim is examined on an individual basis. Twenty (20) days after the initial claim is filed, the item is deemed lost. According to the International Fabricare Fair Claims Guide, any reimbursement for a dry-cleaned item that Custom Dry Cleaner deems lost is only entitled to ten (10) times the fee for treating the garment. Any wash and fold items that are thought to have been lost must be assessed on a case-by-case basis, but in no event shall the reimbursement for such items exceed five times the cost of the wash and fold load. Any loose items, such as watches, jewelry, or cufflinks, lost when placed in a Custom Dry Cleaner bag are not the responsibility of Custom Dry Cleaner.

14. DELIVERY

All of our customers will benefit from our convenient service, and with the customer’s written consent, we are able to leave orders outside of homes or with a doorman. However, after delivery, we won’t be held accountable or liable for any items’ loss or damage. After Custom Dry Cleaner delivers the items, it is solely the customer’s responsibility to ensure their security.

15. INVENTORY

Custom Dry Cleaner reserves the right to at any time keep records of your clothing for archival, inventory, quality control, loss prevention, and/or data collection purposes. These records may include images or photographs, and Custom Dry Cleaner may retain, store, display, or reproduce them as it sees fit.

16. MISCELLANEOUS

The laws of the State of California shall govern this Agreement and be followed in its interpretation. You consent to the venue of Sacramento County, California, United States courts as the sole and exclusive venue for any legal action or proceeding between you and Custom Dry Cleaner with respect to this Agreement or the parties’ obligations hereunder. You have one (1) year from the date your claim or cause of action arises to file any lawsuit you may have against Custom Dry Cleaner. Any provision or right that is not strictly complied with by Custom Dry Cleaner shall not be deemed to have been waived by Custom Dry Cleaner. No waiver of any term, condition, or requirement of this Agreement, whether through conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or requirement hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, condition, or requirement hereof. Any waiver must be made in writing and signed by the party making it in order to be effective. This Agreement supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties regarding the Service and serves as the final, conclusive, and final statement of the understanding between the parties with respect to the Service. In addition to any other relief to which such prevailing party may be entitled, if any legal or equitable action is required to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable fees of counsel, accountants, and other professionals. The provisions of this Agreement are severable, so if any of them are found to be invalid or unenforceable, it will not in any way affect the validity or enforceability of the remaining provisions.With the exception of Sections 5, 6, and 7, which are intended to benefit Custom D, no provision of this Agreement is intended, and will not be interpreted to provide or create, any third party beneficiary rights or any other rights of any kind in any Nonprofit User, client, customer, affiliate, or any party hereto or any other person, unless expressly provided otherwise herein. Without giving you prior notice, Custom Dry Cleaner may assign its obligations and rights under this Agreement to any party at any time.

17. NOTICE

In accordance with this Agreement, Custom Dry Cleaner may give you notice by electronic mail, general notice on the Site or the App, or by written communication sent by first-class U.S. mail to the address listed in the Account. At any time, you can send Custom Dry Cleaner a notice via email to the following address: aloha@konacleaners.com.