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Last Updated: June 23, 2025
Please read these Terms of Service (these “Terms”) and our Privacy Policy (https://Poplin.co/privacy-policy) (“Privacy Policy”) carefully because they govern your use of the Poplin website located at https://Poplin.co/ (the “Site”) and our associated Poplin marketplace which connects laundry service providers and individuals seeking laundry services (the “Marketplace”), along with any other services accessible via the Site and corresponding mobile application (“App”) offered by Poplin Technologies, Inc. (“Poplin”).
To make these Terms easier to read, (a) the Site, the App and the above-described services and features available through the Site and App, including the Marketplace, are collectively called the “Platform” and (b) “you” means: (i) you, the individual using the Platform; and (i) any other person or entity on behalf of which you use the Platform, including as indicated in any account created by you for use of the Platform (“Account”).
1. Agreement to Terms.
By accepting these Terms or using the Platform, you (a) agree to be bound by these Terms and (b) represent and warrant that you have been duly authorized to bind any person or entity on behalf of which you use the Platform, including as indicated in your Account. If you don’t agree to be bound by these Terms, do not use the Platform.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS AND LAUNDRY PROS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND POPLIN THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE APPLICABLE SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
2. Description of Marketplace Services.
a. Poplin is a technology company that provides a Platform for individuals or businesses who want certain specified laundry services (“Customers”) to connect for the purposes of engaging in a business-to-business arrangement with self-employed individuals or businesses or independent contractors willing to perform certain specified laundry services for Customers (“Laundry Pros”). Laundry Pros and Customers may be referred to together in these Terms as “Users”. Poplin is not a laundry company and is neither affiliated with Customers or Laundry Pros. Poplin merely provides a platform for Customers and Laundry Pros to connect under whatever terms they so choose.
b. Laundry Pros are independent contractors providing their services to Customers via the Platform. Laundry Pros do not provide services to Poplin and are not employees or agents of Poplin.
c. Users acknowledge that Poplin does not oversee, direct, control, or otherwise scrutinize a Laundry Pro’s work. Nor does Poplin control the quality, timing, legality, or any other aspect at all of the Platform provided. Poplin is not responsible for any omissions or poor performance. Poplin is not responsible for any Laundry Pro's work or performance.
3. Changes to these Terms or the Platform.
With the exception of the Dispute Resolution and arbitration provisions contained in Section 21, we may update the Terms from time to time at our sole discretion. Updated versions of the Terms will never apply retroactively, and the updated Terms will give the exact date they go into effect. If the modifications to the Terms constitute a material change, in Poplin’s good faith reasonable judgment, Poplin will notify you Via email, SMS, or posting notice Via App/Platform. It’s important that you review the Terms whenever we update them. If you continue to use the Platform after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes to the Terms, you must immediately cease using the Platform. Your continued use of the Platform after any modification to the Terms constitutes acceptance of the amended Terms. Any changes to the Arbitration Agreement, Section 21, will not apply to any disputes for which the users have actual notice on or prior to the date the change is posted on the Platform.
4.Who May Use the Platform?
a. You may use the Platform only if you are 18 years or older and capable of forming a binding contract with Poplin, and have not been previously suspended or removed from the Platform, or engaged in any activity that could result in removal from the Platform. You agree that you have full power and authority to enter into these Terms and in so doing will not violate any other Terms to which you are a party. You agree that you do not and will not have more than one Account on the Platform.
b. For certain features of the Platform, you’ll need an Account. Poplin reserves the right to change its Account registration requirements and procedures from time-to-time, and will have sole discretion in deciding whether or not to approve your Account. It’s important that you provide us with accurate, complete, and current Account information (including with respect to Payment Information) and keep this information up to date. If you don’t, we might have to suspend or terminate your account or use of the Platform. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account. We have the right to disable any User name, password, or other identifier, at any time in our exclusive discretion for any or no reason, whether selected by you or provided by us. This includes if, in our opinion, you have violated any provision of this Terms. You consent that all information you provide during registration with the Platform or otherwise, including but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy. You consent to all actions we take with respect to your information, consistent with our Privacy Policy.
c. As part of the Platform, we may communicate with you by calling the phone number you provided for your account and by sending SMS, MMS, notifications, or other text messages (“Text Messages”). Please note that text messaging fees may apply to the sending or receipt of Text Messages. By registering to use the Platform and providing your phone number, you hereby consent to receiving calls and Text Messages from us. You also agree that we may also call you or send you Text Messages to notify you of promotions and offers. Your Terms to receive promotional calls and Text Messages is not a requirement of using the Platform. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive. You agree that we may send you a final text message confirming your opt-out. To opt-out of voice calls, email us at tech@Poplin.co. In your email, you must include your full name and the phone number(s) at which you wish to stop receiving calls.
d. At the exclusive discretion of Poplin, Laundry Pros may be subject to an investigation process before they can register for and during their use of the Marketplace. This may include, but is not limited to, ID verification and background investigations. Users do hereby give permission to Poplin to conduct both ID verification and background investigations. Consistent with their status as an independent contractor, Laundry Pros may be charged for the costs of Poplin completing ID verification and background investigations.
5. Terms Applicable to Customers.
If you are using the Platform as a Customer, the following terms will apply:
a. Through the functionality of our Platform, you may submit requests (“Order”) to the Marketplace for Laundry Pros to pick up, wash, dry, fold and return your dirty laundry that you provide to such Laundry Pro(s) (“Laundry Services”).
b. As part of any Order, you will be required to submit on the Marketplace certain details regarding your requested Laundry Services, including but not limited to your address or location, requested times and dates, number of laundry bags, Payment Information (as defined below), and other relevant parameters and details as requested through the Platform (collectively, “Customer Information”). You represent, warrant and covenant that all associated Customer Information that you submit to the Marketplace is complete, true and accurate, and does not omit any fact or information that would be required to make the Customer Information not misleading. You agree that (i) such Order constitutes a revocable offer by you to purchase Laundry Services from a Laundry Pro through the Marketplace in accordance with these Terms; and (ii) any associated Customer Information submitted by you is complete, true and accurate.
c. If a Laundry Pro accepts your Order through the Platform you will be promptly notified through the Platform that your Order has been confirmed, and thereafter you will be bound by a contract for the performance of such Laundry Services .
d. Once your laundry is picked up, washed, dried, folded, packed and weighed by a Laundry Pro, you will be notified through the Platform of the total cost for the Laundry Services applicable to your Order (“Platform Service Fee”) and the Platform Service Fee and will be charged to your account by our designated payment processor (i.e., Stripe) via the payment method you selected on the Platform. The Platform Service Fee is calculated based on the weight of your laundry after it is picked up, washed, dried, folded, packed and weighed by the Laundry Pro. In addition to the Platform Service Fee, you may be also charged a fee of $8 for each oversized item included in the Order.
e. You will also be charged a Trust and Safety Fee of $3 per Order accepted and performed by Laundry Pros. The Trust and Safety Fee is intended to cover the costs of operating a safe Platform for Customers and Laundry Pros. You may also be charged other fees, including, unsafe/unsanitary laundry items, surge pricing, or missed pick up. You can find more information about potential fees here: Learn about other possible fees here. Continued use of the Platform after any such change in the fee calculation shall establish your consent to such charge.
d. You may also provide an optional tip or gratuity to the Laundry Pro, which will be provided in-full to the Laundry Pro less any processing fees from our selected third party payment processor (“Gratuity”).
e. Once laundry has been delivered, Laundry Pros take no responsibility for theft or loss.
f. Once you are bound to a contract with such Laundry Pro for the Laundry Services, you agree to pay the Platform Service Fee and any additional fees and costs in accordance with these Terms. If your card is declined, or payment cannot otherwise be processed, we may suspend or remove you from the Platform.
g. You may cancel the Laundry Services in writing or through the Platform, at any time prior to the Laundry Pro initiating such Laundry Services without penalty or charge or your account. However, if you cancel after the Laundry Pro is in transit to pick up your laundry, you will be charged the cancellation fee of $10 for the Order (“Cancellation Fee”). It is the burden of the Laundry Pro to show proof of being in transit at the time the cancellation is communicated by the Customer. Once the Laundry Pro has picked up your laundry and begun washing your laundry, you may not cancel the Order, and will be responsible for the entire Platform Service Fee and other fees and costs agreed to by you.
h. You acknowledge and agree that any Order that violates these Terms may be cancelled. You further acknowledge and agree that you may be removed from the Platform for any reason violating the Terms.
i. All requests for refunds submitted in connection with damaged or lost garments must be submitted within thirty (30) days of completion of the Laundry Services, and include reasonable documentation regarding any such damaged garments. Poplin reserves the right to review and reject any such claims in Poplin’s sole discretion.
6. Terms Applicable to Laundry Pros.
If you are using the Platform as a Laundry Pro, the following terms will apply:
a. In performing services or any obligation under these Terms, you agree that you shall be and will remain at all times an independent contractor in fact and law and not an employee of the Poplin or Customer. You agree these Terms are not an employer agreement and do not create an employment relationship between Poplin and you. No joint venture, partnership, or agency relationship exists between Poplin and you. The relationship between Poplin and you under these Terms is a temporary, and not a permanent relationship. You have no authority to bind Poplin or its affiliates and you shall not hold yourself out as an employee, agent, or authorized representative of Poplin or its affiliates.
b. You may register through the Platform to create an account that would allow you to provide Laundry Services as a Laundry Pro to Customers. Once your registration as a User is confirmed you must provide certain verifying information and details regarding your Laundry Services, including, but not limited to, location, address, emergency contact information, number of available laundry machines, and any other information reasonably requested by us (collectively, “Laundry Pro Information”). You consent to the collection of such information and represent, warrant and covenant that: (i) all associated Laundry Pro Information that you submit to the Marketplace Platform is complete, true and accurate; (ii) you have the permission and consent to provide any information of third parties (including but not limited to emergency contact information); and (ii) you have the necessary equipment necessary available and accessible, and are otherwise able to perform the Laundry Services.
c. After you provide Laundry Pro Information, you may accept an Order from a Customer via the Marketplace. Orders will provide information about the Laundry Services requested, including number of laundry bags and an estimate of the Laundry Service Payment. When you accept an Order you are responsible for picking up the Customers’ laundry and performing the Laundry Services requested by such Customer. You are responsible for tracking the status of any Laundry Services provided for Customers and for noting, through the Marketplace, when provided Laundry Services are complete.
d. Once you accept an Order, you agree to use your best efforts to perform Laundry Services for that Order. However, should you need to cancel an accepted Order, you must cancel your Order through the Platform. Failure to notify a Customer that you cancel an accepted Order within 4-hours of the Pick-Up Deadline, the Order will be recorded as Unauthorized Cancellation (“UC”). If you have UC rates in excess of 10% of your accepted Order, you will be in breach of the Terms and your access to the Platform may be terminated, deactivated, or otherwise restricted. Failure to meet the pick-up and delivery deadlines for an accepted Order will be a breach of the Terms.
e. You represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the term will not enter into, any agreement that would prevent you from complying with this Agreement; (c) you are capable of performing the services accepted on the Platform; and (d) you will comply with all applicable laws in your performance of this Agreement, including maintaining certain Laundry Services licenses as required by applicable state law. You represent and warrant that you will provide the Laundry Services for Customers in a timely, high-quality manner, in a safe, secure, and appropriate environment in compliance with all applicable laws, rules, regulations and building codes and in accordance with best practices. You will further ensure that all laundry subject to your Laundry Services are not tampered with, damaged, or modified, other than as expressly authorized by the applicable Customer. You agree that you will be solely responsible for any damage or loss that occurs with respect to any laundry you collect or receive when performing Laundry Services.
f. After you wash, dry, and fold the laundry, you will package and weigh the laundry, inputting the weight into the Platform. Poplin will calculate the Laundry Service Payment which is largely based on the weight of the laundry and process payment to you.
g. In the event of cancellation of Laundry Services by a Customer when you are in transit to pick-up the laundry or that you arrive at the Customer’s listed location and there is no laundry to pick up you will be paid a cancelation fee by the Customer of $7.50 (“Cancellation Payment”) after you show that you were in transit to the Customer’s location or otherwise arrived at their location. In addition to the foregoing, you will be entitled to the entirety of any tip, boost, or gratuity provided to you by the Customer via the Platform, less any processing fees from our selected third party payment processor (“Gratuity”). Poplin will process all payments due to you through its payment processor. You acknowledge and consent that these amounts will not include interest and will be the net of any amounts that we are required by law to withhold.
h. As a Laundry Pro, you are an independent contractor. You hereby agree to provide Poplin with a W-9 and consent to Poplin providing you with your 1099 and any other tax documents (“Tax Information”) via email and waive your right to receive such Tax Information via mail or in hard copy.
i. You will be paid your applicable Laundry Service Payment, Cancellation Payment, and Gratuity for the Laundry Services you Performed for Orders on the Platform.
j. Order Dispute Resolution: Poplin tries to make sure that Customers are happy with the Laundry Services provided by Laundry Pros, but we understand that this is not always going to be the case. When a Customer is not satisfied with Laundry Services that are provided, and such dissatisfaction is reported to Poplin (e.g., damages or lost garments, weight of laundry) we may, at our discretion, issue a refund or adjust the Platform Service Fee, and any components thereof, for such Order. As a result, this may affect the amount paid to Laundry Pro. We call these instances “Order Disputes.” An Order Dispute includes, but is not limited to, the following: (a) when a Laundry Pro is incapable of or unwilling to adequately perform the Laundry Services agreed to for the Order; (b) when a Laundry Pro inaccurately verifies the weight of the Laundry into the Platforms, and, as a result, was or may be overpaid for the Order; (c) if during the Order, a Laundry Pro damages or loses garment(s) or did not comply with safety or health standards or customer requests that were required given the nature of the particular Order. If a Customer submits an Order Dispute, Poplin will investigate the matter. Investigation may require the Laundry Pro to return to the Customer’s residence to reweigh the laundry. After Poplin receives an Order Dispute, we will contact Laundry Pros and Customers to provide any information regarding the matter. Based on the Investigation and in the sole discretion of Poplin, it may seek reimbursement from the Laundry Pro to deduct whole or in part the Laundry Service Payment, provide an extra payment to the Laundry Pro, or reimburse the Customer a full or partial amount for the Platform Service Fee.
7. CUSTOMER ARBITRATION AGREEMENT
AS A CUSTOMER, YOUR ABILITY TO USE THE PLATFORM IS CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION AGREEMENT. BY USING THE PLATFORM, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW IN THIS SECTION 8 (B).
THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of Claims. Consumer and Poplin mutually agree any and all disputes, claims, or controversies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to the use of the Platform, the Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Arbitration Agreement, (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by AAA in accordance with AAA Commercial Arbitration Rules (“AAA Rules”) in effect on the date the arbitration is filed; however, if there is a conflict between the AAA rules and this Agreement, this Agreement will govern. The arbitrator will also be empowered to determine the arbitrability of any Claim. Covered Claims includes disputes against Poplin, its parents, subsidiaries, affiliates, or related entities, and their officers, directors, owners, employees, or agents. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving commerce. To the extent the Federal Arbitration Act is inapplicable, the laws of the state where Laundry Pro last performed services for Laundry Pro will apply.
Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on Consumer and Poplin. Subject to any limitations stated herein, Consumer and Poplin hereby waive the right to assert any Claim in any court. As set out in Section C below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
B. Exceptions. The parties agree not to invoke their right to arbitrate any individual Claim the parties may bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court. Additionally, either party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy. All determinations of final relief, however, will be decided in arbitration.
C. Class Action Waiver. Consumer and Poplin agree to bring any claim on an individual basis and not on a class and/or collective action basis. Accordingly, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action and the Arbitrator will have no authority to hear or preside over any such claim ("Class Action Waiver"). The Class Action Waiver shall be severable from this Agreement if there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
D. Arbitration Fees. The pirates shall follow the AAA Rules on payment of arbitration fees. Unless the parties agree to any extension of time for the payment due date, the parties must pay their respective required fees or costs within 60 days of the date that the arbitrator issues the invoice to the parties. Each party will pay for its own costs and attorneys’ fees, if any, but if any party prevails on a claim which affords the prevailing party attorneys’ fees, the Arbitrator is authorized to award reasonable fees to the prevailing party as provided by law. The Arbitrator will resolve any disputes regarding costs/fees associated with arbitration.
E. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the state in which you are a legal resident. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within the federal judicial district in which you live, or in a reasonably convenient location, as agreed by the parties. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the parties; provided, however, if the parties are unable to agree upon an arbitrator, in the event the Parties cannot agree, the arbitrator shall be selected in accordance with the AAA Rules.
The Arbitrator may award all remedies to which a party in his or her individual capacity is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable. Either party may file motions to dismiss and/or motions for summary judgment and the Arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions.
Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the expedited nature of arbitration, the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party.
The Arbitrator’s reasoned decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.
F. MASS ARBITRATION. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against Poplin, presented by or with the assistance or involvement of the same law firm or organization, the parties agree this will constitute a “Mass Arbitration” and the following unique terms and procedures shall apply:
1. The parties agree Mass Arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.
2. The parties mutually agree, after a party initiates a claim by submitting individual written demands for arbitration, and prior to initiation of any arbitration proceedings, the parties must engage in a single mediation of the Mass Arbitration claims. The mediator shall be mutually selected by the parties, and in the event the parties cannot mutually select a mediator, the mediator shall be selected pursuant to the AAA Rules. Unless otherwise prohibited by applicable law, an arbitrator and/or any arbitration sponsoring organization is without authority to accept or administer any arbitration demand, or assess or demand fees for the arbitration, unless and until the parties have completed mediation of the asserted claims.
3. In the event mediation of the Mass Arbitration claims is unsuccessful, the Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands. You agree to cooperate in good faith with the Company and AAA to implement such a batch approach to the dispute resolution and fee assessment. Disagreements over the applicability of this batch arbitration process will be promptly resolved in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single “Administrative Arbitrator,” whom shall be separately appointed by AAA.
4. AAA shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
5. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
6. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section.
7. Except where prohibited by law, the Parties shall evenly split the arbitrator’s fees and all other arbitration costs charged by AAA for any such Mass Arbitration claims. You hereby acknowledge and agree you, and the other batch claimants, shall evenly split the arbitrator’s fees and other arbitration costs.
8. Except where prohibited by law, the arbitrator shall award the costs and expenses of the Mass Arbitration, including attorney’s fees, to the prevailing party as determined by the arbitrator.
G. Severability. Subject to Subsection C, in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
8. User Agreements & Laundry Services
a. Users acknowledge and consent that a contract is formed when they consent to terms with another User for services. The terms of such contract include these Terms, and any contractual terms agreed to by both the Laundry Pro and Customer on the Marketplace to the extent that such terms do not conflict with these Terms. Such terms do not expand Poplin’s obligations and do not restrict Poplin’s rights under these Terms. Users consent that Poplin is not a party to any contract or service agreement. The formation of a contract will not, under any circumstances, create an employment, joint venture, partnership, or agency or other service relationship between Poplin and any Laundry Pro. The business relationship between Poplin and Laundry Pro under these Terms is a temporary, and not a permanent, relationship. These Terms are not an employer agreement and do not create an employment relationship between Poplin and Laundry Pros.
b. You hereby represent and affirm further that you will respect the privacy, property, and data protection rights of Users. You represent and affirm further that you will fulfill the commitments you make to other Users. You also represent and affirm further that you will act professionally and responsibly in your interactions with other Users.
c. A Customer will pay a Laundry Pro for any services through the Platform’s designated payment processor (i.e., Stripe) as indicated on the Marketplace at the rates indicated on the Marketplace. All Users consent to these Terms during the appointment, accomplishment and completion of a contract for Laundry Services. All Users agree that any tip or gratuity must be transacted through the Marketplace and that any cash tips or gratuities are a breach of these Terms.
d. We will not be liable if, through no direction of Poplin, all or any part of the Marketplace is unavailable at any time or for any time period. Poplin in no event, under any legal theory whether based in contract, tort, or any other legal theory, arising out of or in connection with your use or inability to use the Marketplace will be liable for damages of any kind, including any indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if foreseeable.
e. As set forth in these Terms, Poplin itself does not perform Laundry Services and does not itself employ individuals to perform such Laundry Services. Poplin is a technology company that constitutes a qualified marketplace under laws recognizing such platforms for business that operate a digital website or application facilitating the provision of services by qualified marketplace contractors to individuals or entities seeking such services. Each User assumes all responsibility and liability for proper classification of such Users based on applicable legal guidelines.
f. Users do not have authority to enter into or otherwise bind Poplin with written or oral, expressed, or implied, contracts on behalf of Poplin. Each User avows that Poplin does not oversee, direct, control, or scrutinize, in any way, a Laundry Pro's work or services performed in any manner.
g. Poplin does not set a Laundry Pro's work hours or work location. Laundry Pro chooses to accept, how frequently to accept, and the manner in which Laundry Pros will provide the services sought. Poplin does not guarantee any minimum orders.
h. Laundry Pros may hire and use employees and independent contractors to provide services relating to the completion of orders they have accepted on the Marketplace.
i. Poplin does not provide any equipment or labor needed for contracted services by Laundry Pros. Laundry Pros must provide all equipment, labor, and materials that may be needed to perform any laundry services pursuant to an engagement entered into on the Marketplace. Poplin does not provide any uniforms to Laundry Pros. Poplin does not provide expense reimbursement to Laundry Pros.
j. Poplin does not provide any supervision of Laundry Pros. Laundry Pros are solely responsible for the performance of Laundry Services. Poplin shall not provide Laundry Pros with any mandatory training with regard to services provided and will have no control over the manner in which Laundry Services are provided.
k. Nothing in this Terms is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) Laundry Pros from engaging in any other business activities, services or projects that are separate and distinct from any business activities that Laundry Pro may conduct through the Platform. Poplin expects Laundry Pros will provide similar services through other Platforms and for other parties. Poplin expressly acknowledges Laundry Pros can earn income from other sources and expects Laundry Pros will do so.
l. The Marketplace is not an employment service nor is Poplin an employer of any User. As such, Poplin is not responsible for and will not be held liable for any tax payments or withholding due as a result of services rendered. For all purposes, including but not limited to the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding requirements and all other federal, state, and local laws, rules, and regulations, Laundry Pros are and will be treated as independent contractors providing services to Customers on the Platform and not as a Poplin employees or independent contractors. Accordingly, Poplin will not withhold any employment taxes from any compensation paid to Laundry Pros under this Terms, and Laundry Pros will be solely responsible for the reporting and payment of all federal, state, and local taxes or contributions imposed or required under unemployment insurance, social security, medical insurance, income tax or other applicable laws, rules or regulations with respect to the performance or rendering of services through the Platform and/or under this Terms by Laundry Pros.
m. Laundry Pros will not take any position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Poplin that is inconsistent with Laundry Pros being independent contractors (and not employees) of Poplin.
n. Laundry Pros, their affiliates, employees, and subcontractors are not eligible for, nor shall participate in, any Poplin pension plan, health or disability plan, health insurance, general liability insurance, and automobile liability insurance or other insurance or fringe benefit plan of any kind.
o. Laundry Pros agree to maintain, at all times during the term of this Agreement, adequate insurance which provides levels of coverage that may adequately address any injury Laundry Pros may sustain in the course and scope of their fulfilling a Laundry Order (“Occupational Accident Insurance” or “OAI”).
p. In the event that Laundry Pros actions or the actions of their affiliate, employee, or subcontractor cause an injury to a third party while they are working in the course and scope of providing Laundry Services or other activities covered by this Terms, Laundry Pros acknowledge and understand that they will not be covered by any general liability or automobile liability insurance coverage that Poplin may have, and that Poplin is not making any commitment to defend and/or indemnify them in such circumstances, and specifically denies any such obligation.
q. Laundry Pros are required to expeditiously notify Poplin at tech@Poplin.co of any accidents or emergencies that occur while performing Laundry Services and to cooperate and provide all necessary information related thereto. Notwithstanding, Laundry Pros should not provide or otherwise disclose to Poplin or its affiliates any personal health information (“PHI”) in violation of any applicable law, including HIPAA.
r. Laundry Pros, their affiliates, employees, and subcontractors are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by Laundry Pros. Laundry Pros are obliged to pay federal and state income tax on any money pursuant to their contractual relationship with Poplin or Customer.
s. Laundry Pros, their affiliates, employees, and subcontractors are not entitled to Poplin’s workers’ compensation benefits unless workers’ compensation coverage is provided by Laundry Pros. In the event that Laundry Pros, their affiliate, employee, or subcontractor are injured while working in the course and scope of an Order, Laundry Pros acknowledge and understand that they will not be covered by any workers’ compensation insurance coverage that Poplin may provide to its employees.
t. Laundry Pros agree to indemnify, defend, and hold Poplin, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, expenses, penalties, or damages (including attorney’s fees), losses, liabilities, and expenses, arising out of or in connection with: (a) any claim based on any alleged misuse of the Platform by you (including by any of your affiliate, employee, or subcontractor), or a claim that any User data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of you set forth herein, or other breach of this Terms; (c) violation of applicable law by you or your affiliate, employee, or subcontractor; (d) any claim based on the negligent or intentional acts by you or your affiliate, employee, or subcontractor; (e) your alleged misuse of the Platform; (f) related to any Order you accept, including any claims by any third party or government agency that you were misclassified as an independent contractor or employee of a Customer, and any claim that Poplin was an employer or joint employer of you and/or any of your affiliate, employee, or subcontractor, and related legal claims under any employment laws, including but not limited to the Fair Labor Standards Act, Social Security, the Internal Revenue Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act, the National Labor Relations Act, state unemployment or workers’ compensation laws, state wage and hour laws, and any other law. \
9. Payment Terms.
a. Customers are required to provide information relevant to payment, including credit or debit card number, the expiration date of your credit or debit card, your bank information (e.g. routing number and account information) and your email and postal addresses for billing and notification (such information, “Payment Information”). Customer represents and warrants that they have the legal right to use all payment method(s) represented by any such Payment Information. When Customer makes an Order, Customer authorizes Poplin to provide Customer’s Payment Information to third parties to process payment for the Laundry Services (plus any applicable taxes and other charges and fees). You may need to provide additional information to verify your identity before completing your payment (such information is included within the definition of Payment Information). By initiating a payment, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
b. Payment processing services for Poplin are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, incorporated herein (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Laundry Pro on Poplin, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Poplin enabling payment processing services through Stripe, you agree to provide Poplin accurate and complete information about you and your business, and you authorize Poplin to share it and transaction information related to your use of the payment processing services provided by Stripe.
c. Poplin reserves the right, upon request from Customer or Laundry Pro or upon notice of any potential fraud, unauthorized charges, or other misuse of the Marketplace, to either place on hold any payment, provide credits, or arrange for the payment processor to do so.
d. These Terms prohibit accepting cash or any form of payment outside the app. for providing Laundry Services through the Platform. Customers must pay for the Platform and tip through the Marketplace. Laundry Pros may not request payment or otherwise solicit any tips or other payments outside of the Marketplace.
e. Users of the Marketplace contract for services directly with other Users. Poplin is not and will not be a participant in any contracts for Laundry Services. Poplin facilities payment for Laundry Services through the Marketplace from the Customer to the Laundry Pro. Poplin is not obligated to pay Laundry Pro in the event of Customer’s failure to pay for Laundry Services.
f. In connection with the Platform, Customers may make available a rewards program (the “Rewards Program”), which may include referral bonuses and a personalized loyalty reward experience and related offers, discounts, and targeted promotions (collectively, “Rewards”). You agree to the terms of the Rewards Program found here.
g. Customer Promotion Only: Poplin may from time to time provide certain promotional opportunities, sweepstakes, or contests to Customers. All such customer promotions shall be run at the entire discretion of Poplin. They can be activated, modified or removed at any time by Poplin without advance notification. The liability of any of Poplin’s customers pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms.
h. First-time customer credits are only redeemable once per individual and household. Multiple accounts created by one individual or household will result in the removal of credits, deactivation of Poplin accounts and possibly the collection of service fees.
10. Feedback.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Platform, the Marketplace or other Poplin technology (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you, and you warrant that you have the right to provide us with such Feedback without infringement or violation of any third-party rights.
11. Content Rights.
a. The Platform may allow you to store, transmit, post or share content such as text (in posts or communications with others), files, documents, graphics, images, audio, video and other materials (including, without limitation, photos of laundry, Laundry Pro Information or Customer Information). Anything (other than Feedback) that you post or otherwise make available through the Platform is referred to as “User Content”. Poplin does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content outside of the Platform.
b. By making any User Content available through the Platform you hereby grant to Poplin a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense through one or more tiers, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Platform.
c. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by Poplin on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
d. You can remove certain User Content from the Platform by specifically deleting it from the Platform. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
e. We may make available through the Platform content, technology, trademarks, or other materials that are subject to intellectual property rights. We retain all rights to that content, technology, trademarks and materials.
12. Rights and Terms for Apps.
a. If you comply with these Terms, Poplin grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
b. This Section applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.
c. When you download the mobile application for the Platform on your mobile device, Poplin will ask your permission to access your phone contacts to determine if you are already connected to other Poplin Customers or Laundry Pros who are users of the Platform. We use this information to enforce our Terms of Service. You can always change whether to allow Poplin to access your contacts through the privacy settings on your mobile device.
e. Poplin is not obligated to monitor access to or use of the Platform or to review or edit any content or information available on or in connection with the Platform. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
13. DMCA/Copyright Policy.
Poplin respects the intellectual property rights of others and expects its users to do the same. It is a material breach of the Terms to infringe on others copyright rights. As a result, Poplin may disable and/or terminate the accounts of subscribers or account holders who are infringers. Poplin responds expeditiously to valid notifications of claimed infringement that are reported to Poplin’s Designated Agent to Receive Notifications of Claimed Infringement. The notifications should be sent to tech@Poplin.co or via mail to the address listed on Poplin.co/contact Information regarding the requirements for valid notifications of claimed infringement for service providers like Poplin is at 17 U.S.C. § 512(c)(3) or on the Copyright Office website at https://www.copyright.gov/dmca-directory/ (you may have to click “read more” to find the instructions).
14. Links to Third Party Websites or Resources.
The Platform may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
15. Termination.
a. The term of this Terms shall commence on and be effective as of the date of this Terms is first accepted by you and will continue until this Terms is terminated in accordance with the terms and conditions herein.
b. Poplin may suspend or terminate your access to and use of the Platform, including suspending access to or terminating your account, immediately for material breaches of the Terms, including but not limited to:
c. If Poplin limits, terminates, or suspends Customer’s right to use the Platform for a breach of these Terms, Customer will not be entitled to any refund of any unused balance in your account. Furthermore, all Users terminated or suspended from the platform are prohibited from registering and creating a new account under your name, an alternate name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
d. Upon any termination, discontinuation or cancellation of the Platform or your account, the following Sections will survive: 1-8, 10-13,--15-25,.
16. Poplin reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at its entire discretion.
Except for refundable fees you may have advanced to Poplin (if any), Poplin is not liable to you for any modification or discontinuance, temporarily or permanently, of all or any portion of the Platform.
17. Disclaimers.
a. POPLIN EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MARKETPLACE FOR ANY ACT OR OMISSION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU HEREBY WAIVE, TO THE EXTENT APPLICABLE PROVIDED BY LAW, THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY COMPARABLE LAW IN ANY OTHER APPLICABLE GOVERNING JURISDICTION). THIS CODE SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
b. THE PLATFORM, MARKETPLACE, AND OTHER POPLIN TECHNOLOGY ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform or Marketplace will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the availability, quality, accuracy, timeliness, truthfulness, completeness or reliability of the Platform. Poplin and its affiliates do not guarantee the (1) availability of Orders on the Platform or the result of any laundry services; or (2) use of the Platform will be uninterrupted or error free. You acknowledge and agree that the Platform may be unavailable at any time and for any reason. Poplin and its affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
18. Indemnity.
You will indemnify and hold Poplin and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) any claim based on any alleged your access to or use, or misuse of the Platform or any Laundry Services or garments, (b) your User Content infringes the copyright, trademark, or patent rights of any third party, or (c) any alleged conduct which would constitute a breach of the representations and warranties of you set forth herein, or your violation of these Terms; (d) violation of applicable law by you or your affiliate, employee, or subcontractor; (e) any claim based on the negligent or intentional acts by you or your affiliate, employee, or subcontractor; and (f) related to any Order, including any claims by any third party or government agency that you were misclassified as an independent contractor or employee of a Poplin, and any claim that Poplin was an employer or joint employer of you and/or any of your affiliate, employee, or subcontractor, and related legal claims under any employment laws, including but not limited to the Fair Labor Standards Act, the Internal Revenue Code, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family Medical Leave Act and the National Labor Relations Act, state wage and hour law or any other law.
19. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER POPLIN NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POPLIN OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL POPLIN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE GREATER OF FIVE HUNDRED DOLLARS ($500) AND THE AMOUNTS PAID BY YOU TO US HEREUNDER IN THE LAST SIX (6) MONTHS.
b. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POPLIN AND YOU.
20. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the laws of the State Delaware, with the exceptions of Section 7 “Customer Arbitration Agreement” and Section 20 “Laundry Pro Arbitration Agreement”, which are governed by the Federal Arbitration Act and federal arbitration law. Except as otherwise expressly set forth in Sections 7 and 20, the exclusive jurisdiction for all Claims and Disputes that the parties are not required to arbitrate will be the state and federal courts located in Delaware and you and Poplin each waive any objection to jurisdiction and venue in such courts.
20. LAUNDRY PRO ARBITRATION AGREEMENT
1. The parties agree Mass Arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.
2. The parties mutually agree, after a party initiates a claim by submitting individual written demands for arbitration, and prior to initiation of any arbitration proceedings, the parties must engage in a single mediation of the Mass Arbitration claims. The mediator shall be mutually selected by the parties, and in the event the parties cannot mutually select a mediator, the mediator shall be selected pursuant to the AAA Rules. Unless otherwise prohibited by applicable law, an arbitrator and/or any arbitration sponsoring organization is without authority to accept or administer any arbitration demand, or assess or demand fees for the arbitration, unless and until the parties have completed mediation of the asserted claims.
3. In the event mediation of the Mass Arbitration claims is unsuccessful, the Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands. You agree to cooperate in good faith with the Company and AAA to implement such a batch approach to the dispute resolution and fee assessment. Disagreements over the applicability of this batch arbitration process will be promptly resolved in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single “Administrative Arbitrator,” whom shall be separately appointed by AAA.
4. AAA shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative and filing fees per batch.
5. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch of demands.
6. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this Section.
7. Except where prohibited by law, the Parties shall evenly split the arbitrator’s fees and all other arbitration costs charged by AAA for any such Mass Arbitration claims. You hereby acknowledge and agree you, and the other batch claimants, shall evenly split the arbitrator’s fees and other arbitration costs.
8. Except where prohibited by law, the arbitrator shall award the costs and expenses of the Mass Arbitration, including attorney’s fees, to the prevailing party as determined by the arbitrator.
v. Severability. Subject to Subsections (h) and (i), in the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
21. General Terms.
a. Nondiscrimination: Poplin does not discriminate on the basis of sex, color, race, national origin, religion, gender, gender identity, marital status, age, sexual orientation, or any other applicable federal, state, or local protected class.
b. Reservation of Rights. Other than your User Content, Poplin and its licensors exclusively own all right, title and interest in and to the Platform, and any content, data, insights, analytics and information generated by or transmitted through the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
c. Force Majeure: In no event will we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control. Without limitation of the foregoing, in the absence of our gross negligence or willful misconduct we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Platform or using or disclosing any of your User Content.
d. Entire Agreement and Severability. These Terms constitute the entire and exclusive understanding and agreement between Poplin and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between Poplin and you regarding the Platform. If any provision, words, phrases, sentences, clauses, or sections of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. If such invalidity is caused by scope, length of time, or any or all of the foregoing, the otherwise invalid or unenforceable provision will be considered to be reduced to such scope, time, or area, which would cure such invalidity and render it valid and enforceable.
22. Modification
Poplin may modify the Terms at any time, in its sole discretion. Updated versions of the Terms will never apply retroactively, and the updated Terms will give the exact date they go into effect. If the modifications to the Terms constitute a material change, in Poplin’s good faith reasonable judgment, Poplin will notify you Via email or posting notice Via App/platform. If you do not agree to any amendment of the Terms, you must immediately stop using the Platform. Your continued use of the Platform after any modification to the Terms constitutes acceptance of the amended Terms. However, any changes to the Dispute Resolution Agreement, Section 21, will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
23. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Poplin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Poplin may freely assign or transfer these Terms without restriction, including to any purchaser of Poplin’s business, from time-to-time in our sole discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
24. Notices.
Any notices or other communications provided by Poplin under these Terms will be given: (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
25. Waiver of Rights.
Poplin’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Poplin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Platform, please contact Poplin at tech@Poplin.co.
