Dry Cycle Terms of Use

Thanks for using FlyCleaners, a mobile application developed by Dry Cycle Brands, LLC d/b/a FlyCleaners. The following terms and conditions (these "Terms of Use") govern your access to, and use of, the FlyCleaners mobile application, including any services, content, and functionality offered on or through the FlyCleaners mobile application (The "App"). Please read the following Terms of Use carefully before using the App.

Your Acceptance

You understand that by using the App, you are accepting and agreeing to be bound and abide by these Terms of Use and our Privacy Policy, found at within the FlyCleaners mobile application, which is incorporated herein by reference. Please do not use the App if you do not agree with these Terms of Use. You acknowledge and agree that we will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. We reserve the right to change these Terms of Use at any time in our sole discretion and without notice. All changes are effective immediately when we post them. Your continued use of the App after we have posted changes to these Terms of Use means that you agree to be bound and abide by the changes, so please check the Terms of Use regularly for any changes.

Your Use of the App

You are strictly prohibited from using the App for any unlawful purpose, or for any other purpose that is not expressly allowed by these Terms of Use. Also, you may not interfere or attempt to interfere with the proper operation of our App, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to our site through hacking, circumvention, or any other means. We reserve the right, in our sole discretion, to deny you access to our site, or any portion of our site, without notice.

Waiver and Release

We offer services on our App that allow you to access information and order dry cleaning and laundry services (the "Services") from certain dry cleaning and laundry facilities in our network (each a "Vendor"). Although you are able to order Services through our App, we are not a party to any transaction you make with a Vendor for such Services. Accordingly, we shall have no liability to any party in connection with such transactions. YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASING PARTIES"), AGREE THAT SUCH RELEASING PARTIES SHALL NOT HAVE ANY RIGHT OR CAUSE OF ACTION, AND HEREBY FULLY, FINALLY, AND FOREVER RELEASE, DISCHARGE, AND ACQUIT DRY CYCLE BRANDS DBA FLYCLEANERS AND ITS PAST, CURRENT, AND FUTURE MEMBERS, SHAREHOLDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT ENTITIES, ATTORNEYS, PRINCIPALS, TRUSTEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, PREDECESSORS, SUCCESSORS, OPERATING PARTNERSHIPS, GENERAL PARTNERS, INSURERS, REINSURERS, AND ASSIGNS FROM ANY AND ALL CLAIMS, SUITS, OBLIGATIONS, COSTS, DAMAGES, LOSSES, CLAIMS FOR SUMS OF MONEY, CONTRACTS, CONTROVERSIES, AGREEMENTS, JUDGMENTS, AND DEMANDS WHATSOEVER, RIGHTS, LIABILITIES, ACTIONS, AND CAUSES OF ACTION OF ANY NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, AT LAW OR IN EQUITY, FIXED OR CONTINGENT, WHICH SUCH RELEASING PARTIES NOW HAVE OR MAY CLAIM TO HAVE IN THE FUTURE (COLLECTIVELY, "CLAIMS") ARISING OUT OF, BASED UPON, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR INTERACTION WITH VENDORS, ANY TRANSACTION WITH A VENDOR, AND YOUR EXPERIENCE AS A USER OF THE APP. YOU HEREBY ACKNOWLEDGE AND AGREE THAT IT IS THE INTENTION OF THE PARTIES THAT THE FOREGOING RELEASE AND DISCHARGE SHALL BE EFFECTIVE AS A BAR TO ALL CLAIMS OF WHATEVER CHARACTER, NATURE, AND KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, HEREINABOVE SPECIFIED TO BE SO BARRED. IN FURTHERANCE OF THIS INTENTION, THE RELEASING PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON THEM BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Your Information

Please refer to App for our Privacy Policy, which addresses the information that we may collect from you when you use the App. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Framing

You may not frame the App within another App, without our express, written permission.

Intellectual Property Rights in the App

The App contains various information in the form of data, text, graphics, and other materials from Dry Cycle Brands, LLC and third parties (the "Content"). You acknowledge that the App and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Dry Cycle Brands, LLC or its respective owners. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may: (i) print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices, (ii) temporarily store copies of such Content in your computer’s and/or mobile devices RAM that are incidental to your accessing and viewing of such Content, and (iii) store files that are automatically cached by your mobile device for display enhancement purposes.

Trademarks

The trademarks, service marks, and logos used and displayed on our site are registered and unregistered trademarks of ours. You must not use such trademarks without the prior written permission of the Dry Cycle Brands, LLC. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.

Copyright Complaints

If you believe that any Content on our site violates your or a third party’s copyright, please notify us by providing the following information to us at our e-mail address at support@flycleaners.com or our mailing address via U.S. Mail at 20 W. 22nd Street, Suite 512, New York, NY 10010: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our site; (4) your address, telephone number and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Links to Third Party Apps

The App may contain links to third party Apps and sites. Any such links are provided for your convenience only. We do not control those Apps or sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those apps or sites, nor do we endorse or make any representations with respect to the contents of those apps or sites or any products and/or services that may be offered on those apps or sites.

Warranty Disclaimer

This App and the Content, materials and services on this site are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on the App, for any interruptions or errors in accessing the App, or for any viruses or other harmful components contained on the App or the server from which our site is made available. Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP OR THE SERVICES OFFERED THROUGH THE APP, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE SERVICES OFFERED ON THE APP OR RESULTING FROM ACCESS TO OR OTHER USE OF THE APP OR RELIANCE ON ANY INFORMATION PRESENTED ON THE APP, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted under the law.

Indemnification

You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of the App.

Governing Law and Jurisdiction

These Terms of Use, and all matters arising directly or indirectly from your access to or other use of the App, shall be governed by and construed in accordance with the internal, substantive laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms of Use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to our site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our site.

Your Comments and Concerns

Thank you for your cooperation. We hope that you enjoy your experience on our App. Questions or comments regarding the App, including any reports of non-functioning links, should be submitted using our e-mail address at support@flycleaners.com or our mailing address via U.S. Mail at 20 W. 22nd Street, Suite 512, New York, NY 10010.