Terms & Conditions

Hercules Corporation 

Website Terms of Use 

Effective: June 4, 2026 

Your use of the websites (www.hercnet.com) on which these terms reside (the “Site”), and the features at this Site are subject to these Terms of Use, which we may update from time to time.  Please read these Terms of Use carefully before using this Site.  The Site is owned or controlled by Hercules Corporationy (“Hercules,” or “we” or “us”). These Terms only apply to this Site and not to any other website, mobile application, product, service or program. For more information and legal terms relating to these other platforms (including the WASH Connect mobile application), please review the posted terms on those other platforms. 

INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER: THESE TERMS CONTAIN AN INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  BY AGREEING TO THE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, CAREFULLY CONSIDERED, AND UNDERSTAND ALL OF THE PROVISIONS OF THE INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND THAT YOU EXPRESSLY AGREE TO BE BOUND THEREBY. 

By accessing this Site in any way, including, without limitation, browsing or using this Site, using any information, and/or submitting information to Hercules, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 13, PLEASE STOP USING THE SITE AND UNINSTALL THE APP IMMEDIATELY. 

Hercules may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Hercules will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. 

1. Services
Hercules provides you use of the Site under the terms and conditions of these Terms to allow mobile payments for laundry room machines and related services, provide a portal for our concierge service, and facilitate resident services (collectively, “Services”) at participating locations owned, controlled, leased, and/or operated by Hercules. 

 2. Eligibility
This Site is not intended or targeted for use by anyone under the age of 16. You must be at least 16 years of age to access and use the Site. If you are under 16 years of age (or the age of legal majority where you live), you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 16 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the Site. 

3. User Account and Account Security 
You will need to create and register for an account to use certain functionality and features of the Site and the Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You must provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized. You may not assign or otherwise transfer your account to any other person or entity, or authorize any other person or entity to use your account or to access features available on the Site. You must keep your user account, username, and password secure. You must notify Hercules immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Hercules is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Hercules shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site. 
Hercules and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content associated with your account in our sole discretion. We may cancel your account and delete any content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason.  Hercules assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. 

4. User License
Subject to these Terms, Hercules grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the Site, including text, graphics, images, photographs, videos, data, displays, illustrations, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and other content associated with the Site, and the compilation of the foregoing (“Hercules Content”), for personal non-commercial use in connection with the Services. 
The license granted in this Section does not include any right to, and you will not: (a) sell, resell or commercially use the Site or Hercules Content; (b) copy, reproduce, distribute, publicly perform or publicly display the Site or Hercules Content; (c) modify the Site or Hercules Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site or Hercules Content; (d) use any data mining, robots or similar data gathering or extraction methods on the Site; (e) use the Site in any way that infringes on any person or entities’ intellectual property rights; (f) use the Site or Hercules Content other than for their intended purposes; (g) use the Site or Hercules Content in any manner that is likely to cause confusion among consumers, that disparages or discredits Hercules and/or its licensors, that dilutes the strength of Hercules’ or its licensor’s property, or that otherwise infringes Hercules’ or its licensors’ intellectual property rights; and (h) use the Site or Hercules Content for any purpose prohibited under these Terms. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact Hercules at the information listed below in Section 18.
The Site is protected by the copyright laws of the United States, international treaties and conventions, and other laws, and Hercules retains all right, title, and interest in and to the Site and Hercules Content, including all intellectual property rights associated with the Site. Except as expressly granted above, you have no intellectual property rights in the Site (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Hercules reserves all rights not expressly granted to you. 

5. Account Balances
Hercules uses a third-party processor that will enable you to fund your Hercules account via the Site. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be handled solely by such third-party processor. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services. 

6. Payments 
You can use your mobile device to pay for the Services using the Site. In doing so, Hercules will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. Hercules reserves the right to change the fees for the Services at any time.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Hercules and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. 

7. Privacy 
How Hercules collects, uses, and discloses information you provided via the Site, including your Account Information, will be governed by the Hercules Privacy Policy located at https://hercnet.com/privacy-policy/, which is hereby incorporated by reference. 

8. Prohibited Conduct 
You agree to use the Site in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Site. In connection with your use of the Site and the Services, you will not: 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct; 
  • Impersonate another person or log into an account which you are not authorized to access; 
  • Use or attempt to use another User’s account without authorization from that User and Hercules; 
  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the Site and the Services or that could damage, disable, or impair the functioning of the Site and the Services in any manner, including with respect to Hercules’ network or network security; 
  • Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements; 
  • Reverse engineer, decompile, or disassemble any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site; 
  • Collect or store personal information about other users; 
  • Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communications;  
  • Develop or use any third-party applications that interact with the Site or Services without our prior written consent, including any scripts designed to scrape or extract data from the Site;  
  • Use the Site for any commercial purpose not expressly approved by Hercules, in writing;  
  • Use, display, mirror or frame the Site, any individual element within the Site, or Hercules’ name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent; 
  • Create a database by systematically downloading and storing user content or Hercules Content from the Site; 
  • Forward any data generated through the Site without the prior written consent of Hercules; 
  • Access the Site by any means other than through the interface provided by Hercules and as otherwise expressly authorized under these Terms; 
  • Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; 
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Hercules or any of our providers or any other third party (including another user) to protect the Site; 
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted through the Site; 
  • Attempt to access or search the Site or scrape or download user content, Hercules Content, or other data or content from the Site, or otherwise transmit content to, or create new links, reposts, or referrals in the Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by Hercules; 
  • Use any meta tags or other hidden text or metadata utilizing the Site or Hercules’ trademark, logo, or URL without express written consent; 
  • Violate any applicable law or regulation; or 
  • Encourage or enable any other individual to do any of the activities prohibited in these Terms. 

9. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Hercules, the Site or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Hercules. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

10. Indemnification 
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Hercules, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with Hercules in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees).  You also agree that Hercules will have sole control of the defense or settlement of any Claims. 

11. Disclaimers and Limitation of Liability 
Hercules makes no representations about the reliability of the features of this Site, the Hercules Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Hercules makes no representations regarding the amount of time that any Hercules Content will be preserved.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. NO WARRANTIES ARE MADE BY THE COMPANY WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE (WHERE PERMITTED BY LAW), SHALL Hercules BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL Hercules BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HERCULES’ REASONABLE CONTROL, INCLUDING ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING A NEGLIGENT ACT, WILL Hercules OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF Hercules HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO THE GREATEST EXTENT NOT PERMITTED BY APPLICABLE LAWS. FOR EXAMPLE, THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF HERCULES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
IN NO EVENT WILL Hercules’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50.00). BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN THOSE JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
The failure of Hercules to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Hercules, shall not be deemed a breach of these Terms.
If Hercules fails to act with respect to your breach or anyone else’s breach on any occasion, Hercules is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

12. Third-Party Websites
This Site may hyperlink to sites not maintained by or related to Hercules. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Hercules, and we make no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and Hercules has no control over how your information is collected, used, or otherwise handled. 

13. Dispute Resolution; Binding Individual Arbitration Agreement (the “Individual Arbitration Agreement”)
This Individual Arbitration Agreement will survive termination of the Terms.  
Although the Terms are made and entered into between you and Hercules, Hercules’ affiliates, owners, members, managers, directors, and employees (the “Related Parties”) are intended third-party beneficiaries of the Terms for purposes of the provisions of the Terms referring specifically to them, including the Individual Arbitration Agreement. You, Hercules, and the Related Parties (each, together with, as applicable, each of the Related Parties, a “Party” and collectively, the “Parties”) acknowledge that nothing contained herein is intended to create any involvement by, responsibility of, or liability for, the Related Parties with respect to any dealings between you on the one hand and Hercules on the other hand, and the Parties further acknowledge that nothing contained herein shall be argued by any of them to constitute any waiver by the Related Parties of any defense that Related Parties may otherwise have concerning whether they can properly be made a Party to any Dispute between the other Parties. 

THIS PROVISION AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST HERCULES OR THE RELATED PARTIES, OR CLAIMS HERCULES OR THE RELATED PARTIES MAY HAVE AGAINST YOU, WILL BE RESOLVED.  YOU UNDERSTAND AND AGREE THAT THE INDIVIDUAL ARBITRATION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE AGREEMENT OR THE AGREEMENT AS A WHOLE.  CONSIDERATION FOR THIS INDIVIDUAL ARBITRATION AGREEMENT INCLUDES THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE DISPUTES.  THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE AGREEMENT IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THE INDIVIDUAL ARBITRATION AGREEMENT IN THIS CHAPTER IS UNENFORCEABLE. 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF DISPUTES IN A TIMELY, EFFICIENT, AND COST-EFFECTIVE MANNER, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY OR ANY COURT. 

Except as otherwise provided herein, any controversy, claim or dispute between you, on the one hand, and Hercules and/or the Related Parties, on the other, arising out of or relating to the Terms, the Site, use of the Site, or the Privacy Policy, whether such claim is based on rights, privileges or interests recognized by or based upon statute, contract, tort, common law or otherwise (“Dispute”), shall be settled through binding arbitration as provided in this Individual Arbitration Agreement. 

Except as provided herein, the arbitrator(s) shall have the exclusive power to determine and rule upon challenges to the arbitrator’s jurisdiction to preside over the Dispute, including any objections with respect to the existence, scope, or validity of this Individual Arbitration Agreement and/or to the arbitrability of any Dispute.   

Except as provided herein, and unless the laws of the state or province in which you reside expressly require otherwise, all Disputes shall be submitted for resolution to binding arbitration in California in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS) and this Individual Arbitration Agreement, with the Individual Arbitration Agreement controlling in the event of any conflict. The JAMS rules and procedures are available at jamsadr.com. 

Notwithstanding the rules of JAMS, the following will apply to all arbitrations: 

  • The Governing Law provision of the Terms applies.   
  • The Parties agree that time is of the essence. 
  • The arbitration will be conducted in English (with appropriate translators as may be necessary). 
  • The Federal Rules of Evidence will apply in all cases. 
  • The Parties will be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure. 
  • The Parties will be allotted equal time to present their respective cases, including cross-examinations. 
  • The decision of the arbitrator will be final and binding on the Parties and may, if necessary, be reduced to a judgment in a court of competent jurisdiction, except that a Party may choose to appeal certain arbitration awards as described below. Any motion or action to confirm, vacate, modify, or otherwise enter judgment on the award shall comply with the Jurisdiction and Venue and Governing Law provision of the Terms.  Further, to the fullest extent allowed by law, any Party seeking to enforce an award of an arbitrator(s) shall submit the award under seal to maintain protections of confidential information, and the Parties hereby agree and consent to the filing of such a submission, motion, or order under seal. 
  • The arbitrator(s) will have no authority to award punitive damages, except where an applicable law or statute expressly require otherwise. 

In addition to the foregoing and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy.  For Disputes in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply absent mutual written agreement of the Parties to the contrary: 

  • The arbitration will occur within 180 days from the date on which the arbitrator is appointed and will last no more than five business days.  
  • There will be one arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection. 
  • The arbitrator shall institute discovery consistent with the goals of arbitration. Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between Parties, but in no event shall the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure. 

For Disputes in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply absent mutual written agreement of the Parties to the contrary: 

  • There will be three arbitrators selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection. 
  • The Parties will be entitled to, and limited by, all discovery rights permitted by the Federal Rules of Civil Procedure.  
  • The Parties will be entitled to appeal any arbitration award to an Appeal Panel under the JAMS Optional Arbitration Appeal Procedures. The Parties agree to request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A CLAIMANT, PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO HEAR THE PARTIES’ DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE BASIS, AND, ACCORDINGLY, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY PROCEEDING ON A NON-INDIVIDUAL BASIS EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES TO AN ARBITRATION PROCEEDING.  

TO THE EXTENT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY (SUCH AS REPRESENTATIVE OR INJUNCTIVE RELIEF), THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND MUST BE STAYED PENDING ARBITRATION OF THE ARBITRABLE CLAIMS AND REMEDIES.  THE PARTIES FURTHER AGREE THAT IF SUCH STAY IS LIFTED, UNLESS PROHIBITED BY APPLICABLE LAW, SUCH CLAIMS SHALL BE LITIGATED IN ACCORDANCE WITH THE GOVERNING LAW, JURISDICTION AND VENUE PROVISION HEREIN. 

 The Parties understand and agree that Hercules has valuable trade secrets and confidential information.  The Parties agree to take all necessary steps to protect from public disclosure of such trade secrets and confidential information in any proceeding pursuant to this Individual Arbitration Agreement. 

Except as provided below, no Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted and determined as provided here, and then only for the enforcement of such arbitration award. Notwithstanding this Individual Arbitration Agreement, any Party may apply to a court of competent jurisdiction as necessary to enforce an arbitration award, or to seek a temporary restraining order or temporary or preliminary injunction to ensure that the relief sought in arbitration is not rendered ineffectual during the pendency of, or after the rendition of, a decision in any arbitration proceeding.  Furthermore, notwithstanding anything to the contrary herein, to the extent a Party contests the jurisdiction of a state or federal court to preside over claims for a temporary restraining order or temporary or preliminary injunctive relief as described above, the court in which such claim is made shall have exclusive jurisdiction to determine whether it has jurisdiction to preside over and rule upon a Party’s request for the court to issue a temporary restraining order or temporary or preliminary injunction.  The institution of any action shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than that provided in this paragraph to arbitration. 

Bellwether Arbitration Procedures: Notwithstanding any provision of the JAMS Rules, these bellwether procedures shall be used when more than 10 arbitration cases pending at the same time present substantially similar or overlapping allegations of fact or law.  Notwithstanding anything to the contrary provided herein, a court of competent jurisdiction, and not JAMS or an arbitrator, shall resolve any dispute over whether these bellwether procedures apply to any group of claims.  

The Parties recognize and agree that a large number of arbitration cases with similar allegations will impose excessive transaction costs regardless of the cases’ merit or lack of merit.  The Parties also recognize and agree that it is logistically difficult or impossible to arbitrate simultaneously large numbers of substantially similar cases.  The Parties therefore agree to use bellwether litigation procedures similar to those that courts use in mass-tort cases, based on the judiciary’s experience that, after one or a few cases are tried to verdict, most or all of the other cases settle or otherwise resolve themselves. 

The Parties thus agree that, to the maximum extent permitted by law, no more than 10 cases/arbitrations will be active at any one time.  All remaining cases will be stayed, with the statute of limitations tolled.  The Parties understand and agree that if these bellwether arbitration procedures apply, then adjudication of the Dispute may be delayed.  Unless the Dispute resolves in advance, and notwithstanding anything to the contrary herein, the arbitrator(s) shall render their final and binding decision in any Dispute subject to these bellwether procedures within 180 days of the initial pre-hearing conference. 

As soon as one of the original active cases is resolved (by decision, settlement, or otherwise), a stayed arbitration shall replace it on the list of 10 active cases/arbitrations. Except as provided below, cases shall be placed on or moved to the active list in the order in which demands for arbitration are first received.  Until a case is on or is moved to the list of 10 active cases, the sum any Party paid to initiate a case shall be refunded, and no Party shall have any obligation to pay any JAMS or arbitrator fees.  

If you claim exceptional hardship from any delay pursuant to this bellwether procedure, you may petition Hercules to waive the 10-case limit for that case.  If Hercules does not agree, you may petition JAMS to place the arbitration on the list of 10 active cases, on the ground that delay will impose exceptional hardship.  If JAMS finds exceptional hardship and grants the petition, JAMS shall (based on its determination of relative hardship) remove one other case from the list of 10 active cases/arbitrations and place it at the head of the list of stayed cases.  Under no circumstances shall JAMS place more than 10 cases/arbitrations into active status.  If more than 10 hardship applications are granted, JAMS shall determine which 10 cases/arbitrations shall proceed first, based on its determination of relative hardship. 

If you do not want to be subject to this Individual Arbitration Agreement, you may opt out by notifying Hercules in writing of your desire to opt out within thirty (30) days of your execution of the Individual Arbitration Agreement. Such notices may be sent to the contact information found in Section 18 to these Terms. Either email or letter must clearly state your name and the intent to opt out of this Individual Arbitration Agreement. Hercules reserves the right to terminate your account if you choose to opt out of the Individual Arbitration Agreement. 

Notwithstanding anything to the contrary in the Terms of Service, any amendment by Hercules to this Individual Arbitration Agreement shall take effect only upon your express agreement to such amendment. You may indicate agreement to such proposed amendment by following the instructions accompanying the proposed amendment. Hercules may terminate your account if you do not agree to a proposed amendment to the Individual Arbitration Agreement within thirty (30) days after notice of the amendment is provided. Any such amendment shall apply to all claims or other Disputes brought by the Parties on or after the effective date of the amendment, regardless of the date of occurrence or accrual of any facts underlying such claims or Disputes.   

If any provision of this Individual Arbitration Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, such provision shall be severed, and the severed provision shall be reformed only to the extent necessary to make it enforceable. The balance of the Individual Arbitration Agreement will remain in full force and effect. 

Class Action Waiver:   

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES (INCLUDING THE RELATED PARTIES) AGREE THAT EACH PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM IN THAT PARTY’S INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING, INCLUDING SUCH PROCEEDINGS BROUGHT IN FEDERAL OR STATE COURT. 

14. Governing Law and Venue
These Terms and your access to and use of the Site will be governed by and construed and enforced in accordance with the laws of the State of New York without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state and federal courts of Nassau County, New York. 

15. Changes to these Terms
We may make changes to these Terms from time to time by posting an updated version on the Site.  If we make changes, we will post the amended Terms within the Site and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Site after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Site. 

16. Termination 
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the Site. We are not responsible for any loss, damage or harm related to your inability to access or use the Site based on such termination. 

17. General Provisions 
These Terms constitute the entire agreement between you and Hercules relating to your access to and use of the Site. The failure of Hercules to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. As used herein, the word “including” or any variation thereof means (unless the context of its usage otherwise requires) “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it. 

If any provision of the Terms, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed, and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.  This provision shall survive the expiration or cancellation of the Terms for any reason. 

18. Contact
If you have any questions regarding the Site, Hercules Content and/or these Terms, you can contact us at info@washlaundry.com.