dree Technologies LLC is ecstatic to provide an elite laundry service. The “dree-way” is what sets dree apart from all the other laundry services. What is the “dree-way?” It’s making sure every person who comes in contact with dree as an employee or client feels valued, cared for, and appreciated. “We pay attention to the details.”
Offering our clients front door pick-up, wash, dry & folding each item to our customers and offering quality and convenience at an affordable price. Our services are subject to the terms and conditions below. Your use of dree Technologies LLC services ("Services") indicates your agreement to be bound by the terms and conditions contained herein. Please read the following provisions carefully and let us know if you have any questions. We look forward to doing business with you!
Please Note: This Terms of Service ("Terms" or "Agreement") contains the complete terms and conditions that govern your use of the dree Technologies LLC Services, dree Technologies LLC website, and dree Technologies LLC mobile app, including, unless otherwise expressly stated any subdomains thereof, and any other website or mobile application through which dree Technologies LLC makes the Services available.
Further, please note these Terms contain an arbitration clause and class action waiver that applies to your use of the dree Technologies LLC websites, mobile application and services. It affects how disputes with dree Technologies LLC are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
BY CONTINUING TO ACCESS, USE OR ATTEMPT TO INTERACT WITH, ACCESS OR USE ANY PART OF THE WEBSITE(S), THE MOBILE APPLICATION, CONTENT OR SERVICES OFFERED BY dree Technologies LLC, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE dree Technologies LLC WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES. dree Technologies LLC RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT dree Technologies LLC'S SOLE DISCRETION. YOU WILL BE NOTIFIED OF ANY CHANGES TO THIS AGREEMENT UPON SUCH CHANGES GOING INTO EFFECT. FURTHER, YOUR CONTINUED ACCESS TO OR OF USE THE dree Technologies LLC WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Last Updated: December 3, 2020
We are always improving our Services, so these Terms may need to change along with our services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.dreenow.com send you an email, and/or notify you by some other means.
Should you not agree with the new Terms, you are free to reject them. Upon rejection of the terms you will no longer be able to use our Services. Use of Services in any way after a change to the Terms is effective is an agreement to all changes made.
You will be asked to provide certain registration details or other information prior to your use of the dree Technologies LLC Services. It is a condition of your use of the Services that all the information you provide will be correct, current, accurate and complete. If dree Technologies LLC believes the information you provide is not correct, current, accurate or complete, dree Technologies LLC has the right to deny access to the Services, or to any of its resources, and to terminate or suspend your access and use at any time without notice to you.
Any termination or suspension shall also result in the termination of any and all future services requested or pre-paid for—the latter which shall result in a full refund of any amount pre-paid for such future services pursuant to Section 6. In the event of a termination or suspension, the dree Technologies LLC Provider/Partner responsible for rendering the Services shall complete the current services and you shall be responsible for paying for such Services. Termination or suspension shall not waive your responsibility to pay any outstanding invoices for services rendered on or before the termination or suspension of your account.
You are responsible for maintaining the confidentiality, security and maintenance of your account information, including but not limited to: login credentials (username and passwords or passcodes), credit card information, debit card information, banking information (account numbers, routing numbers, bank name, etc.), communications with other dree Technologies LLC, and communications with dree Technologies LLC Providers/Partners. You must immediately notify dree Technologies LLC if any information listed in this section has been lost, stolen, misappropriated, or otherwise compromised.
Further, you must immediately notify dree Technologies LLC if any unauthorized access to your account has occurred. From time to time, dree Technologies LLC may require that you change your password. You are prohibited from using the Services or facilities provided in connection with dree Technologies LLC, the dree Technologies LLC website(s) or Mobile Applications to compromise security or tamper with system resources and/or accounts, either yours or another customer’s. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, dree Technologies LLC reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents, to suspend and/or terminate your account and prohibit your use of and access to the dree Technologies LLC websites, applications, and services, and take any additional action as permitted by law.
dree Technologies LLC reserves the right to investigate suspected violations of this Agreement. dree Technologies LLC reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent with respect to such activities.
dree Technologies LLC Providers/Partners are independent contractors of dree Technologies LLC. dree Technologies LLC Providers/Partners are responsible for establishing routines with respect to your service needs, such as pick-up/drop-off schedules, specific laundering instructions and personal preferences. dree Technologies LLC Providers/Partners have independent control over the means and methods of providing services as well as the products used in your laundering care. Each dree Technologies LLC Provider/Partner, however, is held to the high standards of customer service and quality performance established by dree Technologies LLC. If you ever have a compliment or concern with your service, please do not hesitate to contact dree Technologies LLC at the contact information provided herein. Both dree Technologies LLC and your Provider/Partner value your business and care about providing excellent service to you.
All services will be provided by a dree Technologies LLC Provider/Partner. Pick-up/Delivery will take place on a predetermined day and frequency as determined by you and your Provider, except on certain holidays.
dree Technologies LLC or you may change the predetermined pick-up/delivery times with advance notice by either you or dree Technologies LLC. dree Technologies LLC requires at least a (2) hour notice prior to any change.
Under your discretion, you are able to leave your items at a secure spot for pick up, along with a description of the location provided on the order form. This also applies to delivery. Items left for pick up are not under our care until we have retrieved said items. Items left for delivery at the predetermined location will not be under our care once they have been left at the agreed upon location. dree Technologies LLC and its Providers/Partners are not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pick-up or delivery. We strongly advise you to choose a secure location that is outside of public view.
Services will be provided in either a 2-day turn around or Next day from the date of pick up. If your order meets the following circumstances there may be an extension:
If a scheduled pickup/delivery is missed, you must coordinate with the dree Technologies LLC Provider to reschedule. You may be subject to a missed pickup/delivery fee in the amount of $15 if you fail to notify dree Technologies LLC or the Provider of a delay in your pickup/delivery time or do not provide such notice at least (2) hours prior to the scheduled day & time for pickup or delivery, as applicable.
By placing an order to utilize the Service, you are offering to purchase the services you have selected in said order. Our acceptance of the offer occurs at the time we accept your order for pickup at the designated location. Prior to our acceptance of your order, there is no agreement between you and dree Technologies LLC binding dree Technologies LLC to the performance of any services requested in your order. If your order is accepted, we will send you an electronic communication acknowledging receipt of your order including the services and quantities you selected.
Your payment card will be charged the amount of your selected services within an order upon our acceptance of your order, including the service fee applicable to your order. Notwithstanding the foregoing, the amount charged to you for your selected services within an order is subject to change in accordance with the terms set forth below in this Section 5, and any additional amounts owed as a result of said change shall too be charged to your payment card.
All online payments are processed through dree Technologies LLC’s secured Third Party payment system. Customers understand by inputting their payment information it is authorization as payment for services rendered. dree Technologies LLC does not accept cash.
dree Technologies LLC reserves the right to change prices at any time. Prices for services shown on the dree Technologies LLC website or mobile application may differ from the prices actually assessed to you, due to packaging measurements, weight, non-standard items, your inclusion of additional items in your order that were not accounted for in your initial order submission, taxes, service fees and other applicable fees.
As such, your total price at the time you submit an order is only an estimate, and you will be charged a final updated total (including any applicable discounts, promotions, coupons (if available), substitutions, service fees, taxes and other applicable fees) within (48) hours of delivery of your order back to you.
Payment should never be made directly to a dree Technologies LLC Provider/Partner. If additional services outside of the customer’s initial request are requested, the customer authorizes dree Technologies LLC to charge the fee for such services to his/her credit card on file. Invoices are processed according to the payment terms set forth on the invoice but shall be paid no later than the due date stated thereon. dree Technologies LLC reserves the right in its sole discretion to suspend and/or terminate a customer’s account and the services to be provided to the customer in the event an invoice is not fully paid. Late fees and termination or suspension of a customer’s account and services shall apply to commercial customers and residential customers. In the event, a payment method is dishonored, rejected or otherwise not capable of being processed ("Payment Denial"), dree Technologies LLC may assess additional fees to account for any additional expenses or servicing incurred by dree Technologies LLC or a dree Technologies LLC Provider/Partner as a result of such Payment Denial. Any amounts owed by a customer thereafter suspension or termination of the customer’s account shall remain due, owed and payable immediately to dree Technologies LLC.
dree Technologies LLC does not designate any portion of your payment as a tip or gratuity. You understand and agree that, while you are free to provide additional payment as a gratuity you are under no obligation to do so. Gratuities are voluntary.
Except as described in this paragraph, all sales are final and all payments are non-refundable. A customer who has signed up for a prepaid package plan or gift card will have the right to cancel his or her contract within (14) days of signing up for the dree Technologies LLC service and receive a full refund if no promotional value was received. After such a fourteen day period expires, dree Technologies LLC shall have no obligation to refund any amounts paid by the customer. If a promotional value was received the sale is final and the payment is non-refundable.
Gift Card Purchaser: In the event the customer has used a gift card to purchase Services, and thereafter requests a refund, and such refund is consistent with the terms set forth in this Section 6, any refund to be provided shall be provided to the customer by way of a newly issued gift card with a balance reflecting the total refunded amount. For more information on our gift card terms and policies, click here.
The customer agrees not to include any of the following items inside their laundry bag (i) non-washable items, (ii) items that are labeled for dry cleaning only, (iii) items that have been exposed to bed bugs, (iv) items that have been exposed to or have come into contact with bio hazardous materials including, without limitation: feces, urine, blood, mold, mildew, lice and other bugs, irrespective of whether such contact or exposure resulted in visible; or (v) any other items not meant for laundering. Should items that have been exposed to (iii) bed bugs, (iv) hazardous materials be sent for processing dree Technologies LLC reserves the right to charge for any services or products needed to mitigate damages caused to the Providers workspace, vehicle, or physical body and may include compensation for the time required to remedy the situation. dree Technologies LLC also reserves the right to return contaminated items unprocessed if the items are discovered as contaminated pre-processing and a Trip Fee of ($30) will be charged.
dree Technologies LLC desires to provide high quality laundering services and will use all reasonable precautions to avoid damage to clothes. dree Technologies LLC and its dree Technologies LLC Providers/Partners, however, are not liable for any damage due to standard laundering of items, cleaning of items without care instructions, for dry clean items placed inside laundry bags, for special-processing items (delicate-wash, air-dry, stain-treatment) not placed in a separate bag, damage resulting from items left in the clothing, bleeding of colors, shrinking or any other alteration resulting from standard washing procedures.
Standard laundering procedures are defined as sorting laundry by color, washing laundry in a washer with detergent and water, and drying laundry in a dryer with heat. Should damage result from a deviation in standard washing procedures, please refer to instructions to Report Lost or Damaged items.
dree Technologies LLC will follow any reasonable instructions provided by the customer, including water or drying temperatures. dree Technologies LLC Providers/Partners do not read and are not responsible to read cleaning instruction labels and are not responsible for special care items, such as dry clean only items, which are included in the laundry bag. Although dree Technologies LLC Providers/Partners use their best efforts to remove stains, stain removal is not guaranteed.
Customers acknowledge that items that have been air-dried (per customer request or dree Technologies LLC’s determination for best garment care) may be damp upon delivery. The customer is responsible for any and all damage caused by any items left in the customer’s clothing or laundry bag that causes damage to the clothing of any customer, the cleaning machines, or any other property of the dree Technologies LLC Provider/Partner.
dree Technologies LLC Providers/Partners may refuse to clean any garment at their sole discretion. dree Technologies LLC will re-clean items that, at its sole discretion, were not properly cleaned, and have not been worn since they were cleaned, at no additional cost. dree Technologies LLC and dree Technologies LLC Provider/Partners are not responsible for loss of or damage to any personal or non-cleanable items left in the clothing or laundry bags such as money, jewelry, or any other item. The customer agrees not to leave such items in their clothing or in their laundry bags and acknowledges by sending items they have checked all pockets. Zippers behave unpredictably while cleaning. Although zippers generally are not an issue, the customer acknowledges that there is a possibility of zipper issues, zipper damage and damage to other items as a result of the zipper’s inclusion in the cleaning process with such items, while following standard wash procedures, and dree Technologies LLC, does not accept any liability for such issues or damage.
While we strive to provide high-quality laundering services and use all reasonable precautions to avoid damage to clothes, there is a possibility for clothing and other items to be damaged. Damaged items must be reported to dree Technologies LLC within (5) business days of return of your laundered clothes. Notice can be provided by contacting email@example.com or call us at 800-825-6553.
Damaged items may be collected for evaluation to determine whether the damages are a result of regular wear and tear, standard washing when the customer has not provided specific instructions on the cleaning methods of the applicable item, shrinkage from repeat laundering, color bleeding or fading, small holes or tears, thinning of fabric, etc. ("Regular Wear and Tear") or if such damage is attributed to the Provider’s services on such damaged items. Whenever possible, and if such damage is attributed to the Provider’s services on such damaged items, we will attempt to restore garments to good condition. dree Technologies LLC is not responsible for, nor shall dree Technologies LLC reimburse you for any damage attributed to Regular Wear and Tear. For any items deemed damaged attributed to the Provider’s services and not a direct or indirect result of Regular Wear and Tear, and in the event that the items cannot be restored, dree Technologies LLC may reimburse up to the full value of that item and the item will be retained by dree Technologies LLC. Items will be evaluated and depreciation using the International Fair Claims Guide for Consumer Textiles Products. In any event, dree Technologies LLC’s aggregate liability shall not exceed an amount of ($1000) USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.
dree Technologies LLC and dree Technologies LLC Providers/Partners are not liable for any pre-existing damage to a garment or other item and reserves the right to return any item without cleaning it if any pre-existing damage is found or if dree Technologies LLC or the dree Technologies LLC Provider/Partner has a concern about the color fastness or the age or weakness of the fabric of such item.
dree Technologies LLC will offer refunds or reimbursements for payment made for the cleaning of any items which cannot and are not cleaned due to the aforementioned reasons. All refunds/reimbursements offered by dree Technologies LLC to the customer, must be accepted by the customer within (10) days from the time of the offer. Once the (10) day period has expired, the customer’s claim will be considered resolved and closed. By accepting a refund or reimbursement you agree to such amounts provided to you through that refund or reimbursement constitutes full accord and satisfaction for any amounts which may be owed.
Any damaged items that dree reimburses a customer for will be kept for future training materials for dreePros.
In the rare event that something is lost, customers must provide notice within (5) business days of return. Notice can be provided by contacting firstname.lastname@example.org or call us at 800-825-6553. Items are considered lost if not returned to the customer within (10) days after the claim has been made. Any item deemed lost in dree Technologies LLC’s care may be eligible for reimbursement up to the full value of that item. Items will be evaluated for depreciation using the International Fair Claims Guide for Consumer Textiles Products. A receipt or proof of purchase will be required. In any event, dree Technologies LLC’s aggregate liability shall not exceed an amount of ($1000) USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.
dree Technologies LLC shall not take responsibility for any loose items, including without limitation, watches, jewelry, cufflinks, and other personal items which are not typically included as part of an order for laundering services, which are lost. Additionally, dree Technologies LLC is not liable for items misplaced before pick up or after delivery.
Orders are measured in the number of dree bags. We use the count to determine the credits used for your order. If you believe that our count of dree bags per order is incorrect, you must contact us concerning such alleged discrepancy or error within (5) business days of the return delivery of your completed order.
dree Technologies LLC reserves the right and in its sole discretion, without notice whether advance or thereafter such right has been exercised, to utilize any outside vendor, contractor or other person or business to provide services under this Agreement. dree Technologies LLC is not liable for any damage or loss due to the acts or omissions of any third party provider.
dree Technologies LLC may from time to time request to use your name, photograph, written communication, customer testimonial and comments, and/or video presence while you are interacting with us, a dree Technologies LLC Provider and/or the services. You are free to decline this request without reservation or explanation. However, you acknowledge and agree that should you consent to such request you immediately grant dree Technologies LLC the perpetual, unrestricted, worldwide, royalty‐free right to use, reproduce, publish and otherwise distribute your name, photograph, video presence, personal story, written communication, customer testimonial and comments and/or likeness (collectively, "Likenesses") in advertising and in dree Technologies LLC promotional materials, in any and all formats, platforms or other media or social media now existing or hereafter created, and you hereby waive all claims for remuneration for such use and you release and forever discharge dree Technologies LLC from any and all claims and demands arising out of or in connection with the use of Likenesses. This authorization may be canceled at any time (for purposes of future uses only) by contacting dree Technologies LLC by email at email@example.com.
In addition, upon your consent, you acknowledge and agree that such consent shall assign to dree Technologies LLC any and all copyright interest and right of publicity that may arise as a result of such filming or photography.
dree Technologies LLC takes privacy and personal information seriously. dree Technologies LLC uses customer information to provide services, to process payment, facilitate billing, and for any other purpose reasonably necessary to provide services under this Agreement. Additionally, personal information may be disclosed when required by law necessary to enforce this Agreement or necessary to protect the rights, interests, property of safety of dree Technologies LLC, dree Technologies LLC Providers/Partners or others. From time-to-time, we also may send merchant service announcements, newsletters, and periodic notices about specials and new products.
dree Technologies LLC’s liability shall be limited to general money damages in a maximum amount not to exceed ($300) for the instance the charges incurred by the customer during the term in which the damages are alleged to have occurred. This liability shall be the extent of dree Technologies LLC’s liability regardless of the form in which any legal or equitable action may be brought and the foregoing shall constitute the customer’s exclusive remedy. dree Technologies LLC disclaims all warranties, express or implied, with respect to dree Technologies LLC, dree Technologies LLC Providers/Partners and the services rendered to the customer, including without limitation warranty of merchantability and warranty of fitness for a particular purpose.
UNDER NO CIRCUMSTANCES SHALL dree Technologies LLC OR dree Technologies LLC PROVIDERS/PARTNERS BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, PROVISION OF SERVICES HEREUNDER OR ACTS OR OMISSIONS OF dree Technologies LLC PROVIDERS/PARTNERS SUCH AS, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; ANTICIPATED PROFITS OR LOST BUSINESS; COSTS OF DELAY; PERSONAL OR PROPERTY DAMAGE, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
In the event of any dispute arising out of or in relation to the services provided by dree Technologies LLC or dree Technologies LLC Providers, this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the dree Technologies LLC websites, or any components thereof (each a "Dispute") the parties agree to the following dispute resolution provisions: First, the party presenting the Dispute shall submit the Dispute to mediation to be conducted by the Columbus Bar Association, or another independent mediator, as agreed upon by them.
Mediation shall take place within Franklin County, Ohio.
The Mediator shall have the authority to determine the reasonableness of the dispute and each party’s claims or defenses against the other, and may determine any amounts due to either party under this Agreement, or arising out of such claim. The parties agree to enter mediation in good faith in order to resolve the dispute by such mediation and to comply with any settlement agreement reached therein. If mediation fails to resolve any matter, Dispute or component thereof between the parties,, you agree that such matter, Dispute or component thereof not resolved by mediation shall be settled by binding arbitration under the rules of the American Arbitration Association.
Arbitration shall occur within Franklin County in the state of Ohio, or any other location to which you and dree Technologies LLC mutually agree to in writing.
The prevailing party of arbitration between you and dree Technologies LLC shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.
The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF JURY TRIAL. YOU AND dree Technologies LLC HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE LAUNDRY CARE WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY dree Technologies LLC OR dree Technologies LLC PROVIDERS, OR ANY COMPONENTS THEREOF.
CLASS ACTION WAIVER. YOU AND dree Technologies LLC HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE dree Technologies LLC WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY dree Technologies LLC OR dree Technologies LLC PROVIDERS, OR ANY COMPONENTS THEREOF.
The purchase, gifting and use of gift cards or gift certificates from dree Technologies LLC for dree Technologies LLC Services are governed by our Gift Card Terms & Conditions. For more information on our gift card terms and policies, click here.
dree Technologies LLC reserves the right to discontinue services at its discretion without advance notice to you. In such case, any pre-paid fees for which services have not been provided will be refunded to you pursuant to Section 6 of this Agreement.
This Agreement, including the arbitration provisions herein, shall be governed in all respects by the laws of the State of Ohio.
Neither Customer nor dree Technologies LLC shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, riot, sabotage, labor shortage or dispute, internet interruption, government acts, and other similar events.
Each provision of this Agreement shall be interpreted in such manner to be effective and valid under any applicable law, but if any provision is held to be invalid, illegal or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The failure of dree Technologies LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by dree Technologies LLC must be in writing and signed by an authorized representative of dree Technologies LLC.
dree Technologies LLC may revise the Terms at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made.Your continued access to or use of the dree Technologies LLC websites, mobile applications, content or services after any changes have been made to the Terms signifies and confirms your acceptance of such changes.
dree Technologies LLC Application Addendum
This Application Addendum ("App Addendum") is an addendum to the dree Technologies LLC Terms of Service and governs your use and access to dree Technologies LLC’s mobile application ("Application"). This App Addendum incorporates and applies all language of the dree Technologies LLC Terms of Service to this App Addendum. In the event there are any conflicting provisions between this App Addendum and the dree Technologies LLC Terms of Service, as such provisions relate to your use of and access to the Application, the provisions of this App Addendum shall govern.
This App Addendum is entered into between you and dree Technologies LLC only and does not include any mobile application platform (i.e. Apple via AppStore or Google via PlayStore). However, any mobile application platform for which you use and access the Application shall be permitted to enforce this App Addendum against you as a third party beneficiary relating to your use and access to the Application.
Together with this App Addendum, you are required to accept the dree Technologies LLC Terms of Service prior to your use of and access to the Application. If you do not agree to the terms set forth in the dree Technologies LLC Terms of Service or this App Addendum, you are prohibited from use of and access to the Application.
Grant. dree Technologies LLC, by and through the terms of this App Addendum hereby grants you a non-exclusive, non-transferable license, without the right of sublicense, to access and use the Application during the Term of the dree Technologies LLC Terms of Service and this App Addendum, whichever terminates first, in a manner consistent with the terms of the dree Technologies LLC Terms of Service and this App Addendum to benefit from the services provided by dree Technologies LLC as set forth in the dree Technologies LLC Terms of Service. All rights not expressly granted to you through this Agreement are reserved solely for dree Technologies LLC.
RESTRICTIONS ON USE OF APPLICATION
You agree you shall not edit, alter, abridge or otherwise change in any manner the content of the Application, including, without limitation, all copyright and proprietary rights notices. Further, you agree you shall not, and shall not permit others to:
Modification of Application. dree Technologies LLC reserves the right at any time and from time to time to modify, discontinue or terminate the Application, either temporarily or permanently, without notice. You agree that dree Technologies LLC shall not be liable to you or to any third party for any modification, suspension, termination or discontinuation of the Application. In the event a modification includes assessing a fee to you for your use of the Application that is not already implemented either by the Application or through the services provided by dree Technologies LLC or its Providers, you will be notified in advance and be provided the ability to consent to such fees.
PROPERTY RIGHTS; PROHIBITIONS AS TO THE APPLICATION
Ownership. dree Technologies LLC retains all ownership and intellectual property rights to the Application and any documentation provided to you, if any, that relates to or is part of the Application.
Trade Secrets. You agree that the Application and all associated trade secrets relating to the Application, dree Technologies LLC and the services provided by dree Technologies LLC or its Providers are the exclusive property of dree Technologies LLC. You agree not to disclose, disseminate, transmit via any medium whatsoever, or make available the Application or any associated trade secrets as set forth in this section, to any third party without dree Technologies LLC’s prior written consent.
TERM AND TERMINATION
Term. This App Addendum shall remain in full force and effect and continue in perpetuity from the Effective Date unless and until it is terminated in a manner consistent with this section.
Termination. This App Addendum, together with all licenses and rights provided to you through this App Addendum shall be terminated immediately terminated upon:
Effect of Termination. Immediately upon any termination as set forth in this section, all rights and licenses granted to you by and through this App Addendum shall immediately cease and you shall have no right to use or access the Application or any component thereof.
LIMITATIONS OF LIABILITY
dree Technologies LLC AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO OR INABILITY TO USE OR ACCESS THE APPLICATION, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE PARTIES’ LIABILITY TO YOU EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS VM FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST dree Technologies LLC OR THE PARTIES RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.
This Agreement and performance under it will be governed by the substantive laws of the State of Ohio, disregarding its conflict of law rules. If federal jurisdiction exists over any suit, action, or proceeding arising out of or relating to this Agreement, the parties consent to exclusive jurisdiction and venue in the State of Ohio, County of Franklin. If not, the parties consent to exclusive jurisdiction and venue in the Ohio state courts sitting in Franklin County, Ohio. In any such suit, action, or proceeding, the prevailing party may recover its reasonable attorneys’ fees, costs, and other expenses, including those on appeal or in a bankruptcy action. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.
EXPORT REGULATIONS; U.S. GOVERNMENT RESTRICTIONS
You acknowledge that the Application may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that you will at all times comply with the provisions of such laws, statutes and regulations including obtaining any necessary or required licenses. You shall not export or re-export or otherwise transmit, directly or indirectly, the Application into, or use the Application in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.
The sections titled: Restrictions on Use, Property Rights; Prohibitions as to the Application, Limitation of Liability, Dispute Resolution, Survival and Incorporation of Addendum shall survive any termination of this App Addendum.
INCORPORATION OF ADDENDUM
This App Addendum is an addendum to the dree Technologies LLC Terms of Service and is incorporated therein. Accordingly, all of the terms set forth in the dree Technologies LLC Terms of Service together with this App Addendum shall apply to you and your use of and access to the Application. In the event, there is a conflict of terms between the dree Technologies LLC Terms of Service and this App Addendum, the provisions of this App Addendum shall govern.