Website Terms of Use

Last Updated: January 4, 2026

Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use, whether as a guest or a registered user, of the Everfold Laundry site located at everfoldlaundry.com and related domains (collectively, the “Site”) hosted by Everfold LLC (together with its subsidiaries, “Everfold,” the “Company,” “we” or “us”), including any content, functionality and services offered on or through the Site. You and the Company each may be referred to herein as a “Party,” and together may be referred to as the “Parties.”

The Site is a platform hosted by Everfold that is designed to provide laundry services and linen sales and rental services (collectively, the “Services”) to wellness and recovery studios, yoga and pilates studios, saunas and bath houses, gym and fitness studios, as well as other kinds of businesses, located throughout Manhattan, Brooklyn and Queens. The Site can be accessed from almost any device equipped with a web browser, such as Internet Explorer, Chrome, or Firefox. Users will need an Everfold account (“Account”) to access the Services features available on the Site. Once you have created an Account, you may use the Services through the Site.

Please read these Terms of Use carefully before you use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you choose to use the Services, you also accept and agree to be bound and abide by our Payment/Authorization Policy. A copy of the Everfold Privacy Policy can be found at HERE. A copy of the Everfold Payment/Authorization Policy can be found at HERE. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. If you do not agree to our Payment/Authorization Policy, you must not use the Services.

All users of the Site must be at least eighteen (18) years of age. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site. All users of the Services offered through the Site must be U.S. residents who are at least eighteen (18) years of age and who are legally able to enter into a binding contract with Everfold. By offering to purchase the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not offer to purchase the Services.

The section titles in these Terms of Use are for convenience only and shall have no legal or contractual effect.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. If we do so, we will provide notice to each user of the Site who has created an Account. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration section and the Governing Law and Jurisdiction section, below, 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 Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict the access of users, including registered users, to some parts of the Site, or to the entire Site.

To access the Site or certain of the resources it offers, you may be asked to provide registration details or other information. Account registration requires you to submit to Everfold certain personal information, such as your name, address, and mobile phone number, as well as at least one valid credit card, which will be processed by a third-party payment processor. By creating an Account and ordering the Services, you authorize Everfold to charge your credit card for any and all fees incurred by you for your use of the Services. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. Your failure to maintain accurate, complete, and up-to-date Account information, including having a valid and unexpired credit card on file, may result in your inability to access and use the Services. You agree that all information you provide to register with the Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and our Payment/Authorization Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and our Payment/Authorization Policy.

All user Accounts are created through Cents, a third-party software and hardware point-of-sale (“POS”) system designed specifically for laundromats, which also integrates with other payment systems. Everfold uses Cents for all invoicing, payment processing, customer account management, and automatic text and email messaging regarding the Services. If you choose to use the Services, Everfold will consult with you during the onboarding process in order to determine the applicable pickup and delivery schedule for the Services. Although the Cents user interface may provide the ability to schedule pickups and deliveries or otherwise add or modify orders for Services, Everfold will disregard any requests for or changes made to pickup and delivery schedules or other additions to or modifications of orders for Services made through the Cents user interface. After our initial onboarding consultation with you when you first order the Services, any subsequent requests for changes to pickup and delivery schedules should be submitted to Everfold by email at support@everfoldlaundry.com. Everfold will use reasonable efforts to accommodate requested changes to pickup and delivery schedules unless such changes materially impact our ability to perform Services for other clients. When you create an Account, you will have the ability to create a profile within Cents to pay online, track orders, and save preferences. Everfold may in its sole discretion switch to a different POS platform without notice to you. Cents, or any other POS system designated by Everfold, includes its own terms of use stipulated by a third party and not by Everfold. If you choose to use the Services, then you agree to use the Cents system or any other POS system designated by Everfold, and to comply with its third-party terms of use, and to keep your information up to date within such system. Your data within the Cents system or other POS system will be used by Everfold only as necessary for Everfold’s provision of the Services to you, and will be kept confidential by Everfold.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you, and you agree not to provide any other person with access to the Site or any portion of it using your user name, password or other security information. Everfold is not liable for any loss incurred by you that is caused by unauthorized third parties using your Account within Cents or any other POS system. In certain instances, the Company may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity upon request. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree that you will not use the Cents platform or any other POS system in a manner that violates any applicable laws, rules or regulations, including but not limited to, privacy and data protection laws and regulations, and that you will not authorize or permit any other person to use the Cents platform or any other POS system in any such manner.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You are permitted only one Account per person or household, unless otherwise authorized in writing by Everfold, and only a person who is at least eighteen (18) years of age and a U.S. resident may create an Account. Any Account created by a person who does not satisfy these requirements will be deleted upon detection. You may not allow persons under the age of eighteen (18) to use the Services unless they are supervised by you.

By creating an Account, you consent to receive SMS text messages and other informational or promotional communications, sent to the mobile number you have provided, even if your mobile number is registered on any state or federal “do not call” list. All SMS text messages are sent automatically via the Cents POS system. Everfold does not use Cents text messages for solicitation or advertising purposes. Message frequency may vary, and message and data rates may apply. You should check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Every text message will have a link that you may click on to review your current order and your account information, or to opt out of text messaging. You may also opt out of such communications by sending an opt-out request by email to support@everfoldlaundry.com. Opting out may impact service.

Everfold may, in its sole discretion, create promotional codes that may be redeemed by you for Services credits or other features or benefits, subject to terms that Everfold may establish on a per-promotion basis. Promotional codes sent to you by Everfold may include restrictions or limitations on use, and violation of such restrictions may result in code invalidation or forfeiture of benefits. Credits applied to your Account through promotional codes will be valid for thirty (30) calendar days from the date of issuance. After such period, any unused promotional credits will automatically expire and will no longer be available for use. Expired credits will not be reinstated, reissued, or refunded. You are responsible for monitoring credit expiration dates and utilizing all credits within the allowed timeframes. Promotional offers and discounts may result in different fees paid by different users for the same or similar Services, and you agree that another user’s promotional offers and discounts shall have no bearing on your use of the Services or the fees payable by you, unless you are eligible for the same promotional offers and discounts. Everfold reserves the right to withhold or deduct credits or other features or benefits obtained through the use of any promotional offer by you or any other user in the event that Everfold determines or believes that the use or redemption of the promotional offer was in error, fraudulent, illegal, or in violation of the terms of the applicable promotional offer or these Terms of Use.

Credit Card Information

If you choose to use the Services, then you consent to allow Everfold to securely store your credit card information for automatic recurring charges incurred by you for the Services. This consent is separate from any other consent given by you, and may be revoked by you at any time. You may revoke your consent and delete stored credit card information by informing Everfold by email at support@everfoldlaundry.com of your revocation and request for deletion of such information. Your stored credit card information will only be used by Everfold for purposes of rendering payment for the Services. Your credit card information will not be stored for a period of time longer than necessary to process the original transaction for which it was submitted, which may include a transaction with automatic recurring charges. Everfold will delete your stored credit card information upon termination of your agreement to purchase the Services. All stored credit card data will be encrypted and stored in compliance with Payment Card Industry Data Security Standards.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, documents, illustrations, video and audio, and the design, selection and arrangement thereof), are owned by the Company, or by other third-party owners who license them to the Company, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. User Contributions, as defined herein below, subject to separate nondisclosure or confidentiality agreements, may be excluded from this section.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

By making User Contributions available on the Site, you represent and warrant that: (a) if your employer has rights to intellectual property that you create, you have either (i) received permission from your employer to post or make available such intellectual property, including but not limited to any software or digital content, or (ii) secured from your employer a waiver as to all rights in or to such intellectual property; and (b) you have fully complied with any third-party licenses relating to such User Contributions, and have done all things necessary to successfully pass through to end users any required terms.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use, (d) to transmit, or procure the sending of, any advertising or promotional material or any other similar solicitation except in accordance with the terms and conditions of your user Account with the Company, (e) to impersonate or attempt to impersonate the Company, an employee of the Company, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing), or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to (a) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site, (b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, (c) use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose, (d) use any device, software or routine that interferes with the proper working of the Site, (e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, or (g) otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with these Terms of Use.

Unless expressly governed by a confidentiality or non-disclosure agreement between you and the Company (a “Company NDA”), which agreement must be clearly identified within the User Contribution, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant to the Company and its successors and assigns, but subject to the terms of any applicable Company NDA and of our Privacy Policy, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, perform, display, distribute, publish, make derivative works of, and otherwise disclose to third parties any such material for any purpose. If there is a conflict between any provision of a Company NDA and these Terms of Use, the Company NDA shall control.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. You agree to protect the privacy of all personally identifiable information contained in your User Contributions, in accordance with applicable federal, state, local or international data privacy laws and regulations. Personally identifiable information is any data that could potentially identify a specific individual.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

We are not responsible for any damage to or alteration or loss of any User Contribution you post to the site.

Content Standards

The content standards described in this section apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be reasonably likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except in accordance with the terms and conditions of your user Account with the Company.
Be spam, or machine- or randomly-generated, and must not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
Consist of unsolicited promotional materials such as spam links on newsgroups, email lists, blogs or web sites, or other similar unsolicited promotional methods.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement; Termination

The Company reserves the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates such third party’s rights, including such third party’s intellectual property rights or right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see the Company’s Copyright Compliance Policy, available HERE, for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user Accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Site

The Site may contain links and/or references to third-party websites. By providing such links, the Company does not approve or endorse or warrant the contents of any such sites. The Company also does not accept any responsibility for the availability (or lack thereof) of such content, or any liability for damage or injury resulting from the use of or reliance on such content, in any form. Links to third-party websites are provided for convenience only, and access to any such third-party websites is at the user’s sole risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content that may be transmitted from such third-party websites.

Third-Party Products and Services

If you purchase any products or services linked to or offered by third-party businesses or individuals through the Site, you are purchasing directly from those third parties, not from the Company. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any such third-party businesses or individuals (including the content of their websites). The Company does not assume any responsibility or liability for the actions, products, services or content of any such third-party businesses or individuals. You should carefully review their privacy statements and other conditions of use on their websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE, UNDER ANY LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ANY MATERIAL ON THE SITE PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU, TO USE THE SERVICES AVAILABLE THROUGH THE SITE, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE RESTRICTIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, AND THE FOREGOING PROVISIONS OF THIS SECTION DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ALL CLAIMS AND DISPUTES THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE SUBJECT TO ARBITRATION AS PROVIDED BELOW AND MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

IF THERE IS A DISPUTE BETWEEN YOU AND ANY OTHER USER, THE COMPANY IS UNDER NO OBLIGATION TO BECOME INVOLVED.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions and any personally identifiable information contained in your User Contributions, any use by you of the Site's content, services or products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Notice to New Jersey Consumers

If you are a New Jersey consumer, the terms of the sections titled “Disclaimer of Warranties,” “Limitation of Liability,” and “Indemnification” do not limit or waive your rights under New Jersey law, and the limitations in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.

Subject to the foregoing, we reserve all rights, defenses and permissible limitations under the laws of the State of New Jersey and under the laws of your state of residence if other than New Jersey.

Arbitration

In the event that any dispute between you and the Company cannot be resolved by negotiation, then any controversy or claim arising out of or relating to these Terms of Use shall be resolved by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA) currently in effect. Arbitration means that an impartial third party will hear the dispute between the Company and you, and will provide a decision. Binding arbitration means that the decision of the arbitrator is final and enforceable. Any such arbitration shall take place in the state of your residence, and shall be conducted by a single, neutral arbitrator. Within seven (7) days of the effective date of the notice of arbitration, the Parties shall mutually agree upon an arbitrator. If the Parties cannot agree upon the identity of the arbitrator, the AAA shall provide the Parties with a list of five (5) qualified arbitrators, the Parties shall rank these candidates numerically, and the highest mutually ranked candidate shall be selected to preside over the dispute. A hearing shall be held within ninety (90) days of the effective date of the notice of arbitration. Such hearing shall last no more than five (5) business days. Within fourteen (14) days of the conclusion of the hearing, the arbitrator shall issue an award and a grant of non-monetary remedy or relief, if any. The arbitration shall not require any personal appearances by the Parties or witnesses unless otherwise agreed by the Parties. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In deciding any arbitration under this section, the arbitrator shall apply the substantive law of the state of New York, exclusive of its laws governing conflicts of law. However, matters relating to the enforceability of this section, to the procedures to be followed in carrying out any arbitration, and to any award granted under this section shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Arbitrable matters shall include: (i) matters concerning the scope, construction and enforcement of this section; and (ii) material matters that arise under or relate to these Terms of Use, including the applicability of the laws of the state of New York to any provision of these Terms of Use. All claims and disputes that may arise directly or indirectly from these Terms of Use, whether in contract, tort, or otherwise, must be arbitrated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. The prevailing Party in any arbitration, as determined by the arbitrator, shall be awarded all reasonable costs and fees of the arbitration, including without limitation, the arbitrator’s fees and reasonable attorneys’ fees. Any judgment upon the award rendered in any arbitration may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either Party has the right to file a civil action in the event that such Party deems it necessary to seek an equitable remedy.

Governing Law and Jurisdiction

The validity, interpretation, construction and performance of these Terms of Use, and all acts and transactions pursuant hereto and the rights and obligations of you and the Company hereunder shall be governed, construed and interpreted in accordance with the laws of the state of New York, U.S.A., without giving effect to principles of conflicts of law. For purposes of litigating any dispute that may arise directly or indirectly from these Terms of Use, whether in contract, tort, or otherwise, you and the Company hereby submit and consent to the exclusive jurisdiction of the state or federal courts located in New York, New York, U.S.A., and agree that any such litigation shall be conducted only in the state or federal courts located in New York, New York, U.S.A., and no other courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use, including without limitation any provision concerning arbitration, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Relationship of the Parties

Nothing in these Terms of Use creates any partnership, joint venture, franchise, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not transfer, delegate, subcontract or assign any of your rights or obligations under these Terms of Use without the written consent of the Company. Any such purported transfer, delegation, subcontract or assignment in breach of the previous sentence will be null and void. We may, in our sole discretion, transfer, delegate, subcontract or assign, without notifying you, any of our rights or obligations under these Terms of Use.

Third-Party Beneficiaries

These Terms of Use are for the benefit of you and the Company only, and only you and the Company may enforce these Terms of Use. The Parties do not intend for these Terms of Use to confer any right or benefit on any third party. No third party may commence or prosecute an action against a Party to these Terms of Use by claiming to be a third-party beneficiary of these Terms of Use or any of the transactions contemplated in these Terms of Use.

Entire Agreement

These Terms of Use, and all other relevant and cited documents incorporated by reference herein, constitute the sole and entire agreement between you and the Company with respect to the Site and the use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and the use of the Site.

Limited License

Subject to your compliance with these Terms of Use, Everfold grants to you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Site on your personal device solely for your personal, noncommercial use, and in connection with your use of the Services.