Last Updated Date: 1/1/2019
This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes to these Terms.
- Binding Agreement. These Terms constitute a binding agreement between you and DUFL, Inc. and its affiliates and subsidiaries (“DUFL,” “we,” or “us”). “You” and “users” mean all visitors to the Service. You accept these Terms when you download the app and register to use the Service. If you do not accept these Terms, then you must not use the Service. By accessing and/or using the Service, you hereby represent that you are at least 18 years of age.
- Revisions to Terms. We may revise these Terms at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to these Terms. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
- The Service.
- Definition. The “Service” means, collectively, DUFL’s website located at www.dufl.com (“Site”), related mobile application (“App”) and any other internet service or property under DUFL’s partial or complete control. The DUFL Service allows you to store business attire in a personal DUFL locker, which you may virtually pack through the App for any trip, thereafter, DUFL will arrange to have this attire cleaned and shipped to your destination prior to your departure so you can travel luggage-free. All items initially sent to DUFL for use of the service must arrive cleaned and ready for use; any soiled clothing will be cleaned and fees for the cleaning will be charged to users account.
- Prohibited Items. You may only store with DUFL and pack in your DUFL bag clothing, shoes, belts and toiletries (for example, toothpaste, toothbrushes, soap, shampoo and other hygienic products, and hair care products and maintenance items such as hair dryers) (collectively, “Luggage”). All other items, including but not limited to jewelry, prescription medications, dangerous goods, hazardous materials and illegal drugs, are strictly prohibited. If you send any prohibited items to DUFL, then DUFL, in its sole discretion, will either return these items to you at your sole cost or discard these items. Additionally, DUFL can accept any SEALED and UNOPENED snack items from user, however any opened snack items will be discarded by DUFL upon arrival at the DUFL facility. Any overly soiled garments (specifically undergarments) that, at our sole discretion, provide a health risk to DUFL employees will be discarded upon arrival at our facility.
- Limitation on Liability. In no event will DUFL’s liability for lost or damaged Luggage exceed one thousand dollars ($1,000) per incident. Please carefully consider what items you choose to store in your DUFL locker and ship through the Service.
- Third-Parties. Your Luggage will be cleaned and shipped by third-party service providers and subject to the terms these parties impose on their customers (“Third-Party Terms”). DUFL will use reasonable efforts to ensure these third-party service providers perform their duties as required under their respective Third Party Terms. You acknowledge that DUFL cannot promise or provide you with any services or results these third-party service providers do not promise or provide to DUFL under their respective Third-Party Terms.
- Lost or Damaged Luggage.
- Claims. If you believe that your Luggage has been lost or damaged through use of the Service, then you may email DUFL at firstname.lastname@example.org to submit a claim for reimbursement (“Claim”). You must file all Claims within ten (10) days from the date on which you return from your last trip for which you used the Service.
- Contents. All Claims must include (i) a good faith estimate of the value of the lost or damaged Luggage, (ii) a reasonably detailed explanation of the lost or damaged Luggage, and (iii) any relevant supporting documentation. All Claims alleging damaged Luggage must include illustrative photographs.
- Investigation. Once DUFL receives your Claim, it will reasonably investigate your request for reimbursement. During this process, DUFL may contact you to obtain additional information. DUFL may share information about your Claim with its third-party providers in its sole discretion.
- Reimbursement. If we determine in our reasonable discretion that it was DUFL’s or a third-party service provider’s fault that your Luggage was lost or damaged, then we will reimburse you directly by issuing you a credit toward the Service in an amount that DUFL believes in good faith is sufficient to cover your loss. Under no circumstances will this amount exceed the liability cap set forth in Section 2(3) above.
- Late Luggage. If your Luggage is not at the applicable destination when you
arrive, then you may ask DUFL to help you locate your Luggage by contacting DUFL at 1-844-383-5224. DUFL will use every effort to coordinate with its third-party shipping service provider to locate and deliver your Luggage.
- Term and Termination. The term of your subscription to the Service will commence on the date on which you accept these Terms through the process described in Section I(a) above. DUFL may terminate your subscription to the Service and reserves the right to refuse service to any user. You may terminate your subscription to the Service by deactivating your account with DUFL or contacting email@example.com and requesting that your account be terminated. If your items remain inactive within your closet for a period of twelve (12) months, your items will be returned to and your account will be deactivated. Failure to pay for storage services for a period exceeding 90 days will constitute abandonment of your items and DUFL reserves the right to dispose of any items remaining in your closet.
- Fees. During the term of your subscription to the Service, you must pay DUFL monthly fees to maintain a 24” personal closest with DUFL. These fees will be automatically applied to the credit card on file with DUFL on a monthly basis, and you authorize DUFL to charge these fees on your credit card on a monthly basis. You also must pay DUFL additional fees in connection with each of your trips to cover the cost of shipping your Luggage. These additional fees may vary based on the type of shipping (standard or rush, as described below) used and will be applied to the credit card on file with DUFL upon completion of each trip. DUFL may increase the fees in its sole discretion at the end of any calendar month after providing you with advance written notice. All fees will be quoted exclusive of any applicable taxes. You are solely responsible for paying any taxes of any kind imposed by any governmental authority with respect to your access to and use of the Services. All payments must be made in United States Dollars. These payments will be processed by a third party payment processor. Accordingly, DUFL is not responsible for processing and/or collecting any payments and related taxes. You are solely responsible for complying with any applicable terms and conditions imposed by the third party payment processor. Under no circumstances will DUFL be liable for any expenses or losses arising from any payment that you make through the Service.
- Shipping; Cancellations and Changes. DUFL’s standard procedure will be to
ship your Luggage via three (3) day shipping. If you need your Luggage to be delivered faster than this, you can request a rush shipment. You may obtain a full refund if you cancel a shipment of your Luggage at least forty-eight hours (48) hours prior to the scheduled pick-up date. If you have requested a Welcome Kit through the app and the kit was delivered and you choose not to complete the sign up process for the service, you must return the Welcome Kit with the label provided with the kit. You can do so by scheduling the return through the app and once received DUFL, your account will be cancelled. Failure to return the Welcome Kit within 14 days will incur a charge of $99.
- Mobile Services. The App will offer the Services via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be strictly in accordance with these Terms.
- Eligibility to Use the Service
- Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
- Agent of a Company, Entity, or Organization. If you are using the Service on
behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to these Terms; and (iii) agree to be bound by these Terms on behalf of that Organization.
- Your Account
You are responsible for your log-in credentials and for keeping your information
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that the information you provide to DUFL upon the licensing of the Service and at all other times will be true, accurate, current, and complete.
- Your Log-In Credentials. To use the Service, you will need to download the App and register an account. You will have log-in information, including a user name and password, in connection with your account. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials. You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.
- Security Breaches. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify DUFL by e-mail at firstname.lastname@example.org. You will be solely responsible for the losses incurred by DUFL and others due to any unauthorized use of your account.
DUFL may communicate with you by email, SMS message (standard text message rates apply) or posting notice on the Service. You may request that we provide notice of security breaches in writing. To opt out of recieving this communication, please email email@example.com.
- You agree to receive email from us at the email address you provided to us for customer service-related purposes or other purposes in connection with your use of the Service.
- Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
- DUFL’s Content Ownership and Use
- The contents of the Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other DUFL content (collectively, “DUFL Content”). All DUFL Content and the compilation (meaning the collection, arrangement, and assembly) of all DUFL Content are the sole property of DUFL or its licensors and are protected under copyright, trademark, and other laws.
- License to You. We authorize you, subject to these Terms, to (a) access and use the Site, (b) access, install and use the App, and (c) access and use all other DUFL Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the DUFL Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original DUFL Content on any copy you make of the DUFL Content.
- DUFL Marks. DUFL, the DUFL logo, and other DUFL logos and product and service names are or may be trademarks of DUFL (“DUFL Marks”). Without our prior express written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the DUFL Marks.
- Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them
without compensating you.
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”):
- you hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use the Creative Ideas, whether written or oral, in any manner whatsoever;
- we will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
- we will be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Limitations and Prohibitions
Do not do bad things with the Service, try to break it, or steal our hard work.
You agree to use the Service solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:
- Unless expressly permitted in these Terms, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without DUFL’s prior express written authorization.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine DUFL Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any DUFL Content available on or through the Service.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any DUFL Content available on or through the Service, or any portion thereof, through any other application or website.
- You agree not to provide any false personal information to DUFL or create a false identify or impersonate another person or entity in any way.
- You agree not to create a new account with DUFL, without DUFL’s prior express written consent, if DUFL has previously disabled an account of yours.
- You agree not to restrict, discourage or inhibit any person from using the Service.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
- You agree not to use the Service to build a competitive product or service.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
- Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the Service.
We reserve the right to suspend or terminate your account and prevent you from accessing the Service for any reason, at our sole discretion. We reserve the right to refuse to provide the Service to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
- DUFL’s Liability
We may change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites, and we are not responsible for any disputes that you may have with any third-party in connection with your use of the Service.
- Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service, without notice or liability.
- Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any of the contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party service providers or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
- Disputes with Third-Parties. Subject to DUFL’s obligations under Section II(e), (i) we are not responsible for any disputes or disagreements between you and any third-party in connection with your use of the Service; (ii) you assume all risk associated with dealing with these third parties, and you release DUFL of all claims, demands, and damages in connection with these disputes; and (iii) you agree to resolve disputes directly with these third-parties and not to involve us in these disputes.
- Third-Party Sites. The Service may include links to external sites and applications owned or controlled by third parties. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
- Specific Results. We make no promises and disclaim all liability of specific results from your use of the Service.
- DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
Released Parties Defined. “Released Parties” include DUFL and its affiliates, officers, employees, agents, partners, licensors, and successors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL (Y) BE ACCURATE OR RELIABLE, OR (Z) EXCEED ANY RESULTS PROMISED OR PROVIDED BY ANY THIRD PARTY THAT HELPS TO FACILITATE THE SERVICE, (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for the Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE
SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF DUFL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $1,000 PER INCIDENT.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from your use or reliance on any DUFL Content, or your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
- Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in Arizona, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.
These Terms and the relationship between you and DUFL will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and DUFL agree to submit to arbitration any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in Maricopa County in the State of Arizona. You covenant not to sue DUFL in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
401 South Mill Avenue, Suite 201
Tempe, AZ 85281