Your use of the websites 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 Corporation (“Hercules,” or “we” or “us”). These Terms only apply to this Site and not to any other website, mobile application, product, service or program.

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”). 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 IMMEDIATELY.

Section 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.

Section 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, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Section 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.

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.

Section 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. This license does NOT include:

• Selling, reselling or commercially using the Site or Hercules Content
• Copying, reproducing, distributing, publicly performing or publicly displaying the Site or Hercules Content
• Modifying the Site or Hercules Content or removing any proprietary rights notices
• Using any data mining, robots or similar data gathering or extraction methods on the Site
• Using the Site in any way that infringes on any person or entities’ intellectual property rights

Section 5: Account Balances

Hercules uses a third-party processor that will enable you to fund your Hercules account via the Site. Your payment card will be billed in accordance with the terms and conditions provided by such third-party processor. The value of funds can be used only for the Services.

Section 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.

Section 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, which is hereby incorporated by reference.

Section 8: Prohibited Conduct

You agree to use the Site in accordance with these Terms and applicable laws and regulations. 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
• Interfere with or disrupt the Site or any user, host or network
• Reverse engineer, decompile, or disassemble any aspect of the Site
• Collect or store personal information about other users
• Develop or use any third-party applications that interact with the Site or Services without our prior written consent
• Use the Site for any commercial purpose not expressly approved by Hercules in writing
• Access, tamper with, or use non-public areas of the Site
• Attempt to circumvent any technological measure protecting the Site
• Violate any applicable law or regulation

Section 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.

Section 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 arising out of or related to your access to or use of the Site.

Section 11: Disclaimers and Limitation of Liability

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.

IN NO EVENT WILL HERCULES’ 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).

Section 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.

Section 13: Dispute Resolution; Binding Individual Arbitration Agreement

Any dispute arising out of or related to these Terms or the Site will be resolved by binding individual arbitration. The parties agree that each party may assert a claim 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.

Opt-Out Provision: 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.

Class Action Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE 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.

Section 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. The state and federal courts of Nassau County, New York shall have jurisdiction.

Section 15: Changes to these Terms

We may make changes to these Terms from time to time by posting an updated version on the Site.

Section 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.

Section 17: General Provisions

These Terms constitute the entire agreement between you and Hercules relating to your access to and use of the Site.

Section 18: Contact

If you have any questions regarding the Site, Hercules Content and/or these Terms, you can contact us at service@hercnet.com.