Terms of Use

UNLIMITED MEMBERSHIP

I understand this Automatic Recharge Authorization shall remain in force until I cancel online or come in person to the wash itself. I understand I cannot cancel this plan over the phone. I understand Washville may cancel this plan at any time, and that the plan will be cancelled if the monthly charge is declined by the card processing system. I understand that circumstances may affect the availability of services, including equipment failure or inclement weather. I understand that monthly rates may be increased, with notice posted at the site at least 30 days in advance.

BETWEEN USER AND WASHVILLE CAR WASH

The Washville Car Wash Mobile App is comprised of various Web pages operated by Washville Car Wash.

The Washville Car Wash Mobile App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Washville Car Wash Mobile App constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Washville Car Wash reserves the right to change the terms, conditions, and notices under which the Washville Car Wash Mobile App is offered, including but not limited to the charges associated with the use of the Washville Car Mobile App.

LINKS TO THIRD PARTY SITES

The Washville Car Wash Mobile App may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Washville Car Wash and Washville Car Wash is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Washville Car Wash is not responsible for webcasting or any other form of transmission received from any Linked Site. Washville Car Wash is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Washville Car Wash of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Washville Car Wash Mobile App, you warrant to Washville Car Wash that you will not use the Washville Car Wash Mobile App for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Washville Car Wash Mobile App in any manner which could damage, disable, overburden, or impair the Washville Car WashMobile App or interfere with any other party’s use and enjoyment of the Washville Car Wash Mobile App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Washville Car Wash Mobile App.

USE OF COMMUNICATION SERVICES

The Washville Car Wash Mobile App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Washville Car Wash has no obligation to monitor the Communication Services. However, Washville Car Wash reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Washville Car Wash reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Washville Car Wash reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Washville Car Wash’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Washville Car Wash does not control or endorse the content, messages or information found in any Communication Service and, therefore, Washville Car Wash specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Washville Car Wash spokespersons, and their views do not necessarily reflect those of Washville Car Wash.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WASHVILLE CAR WASH OR POSTED AT ANY WASHVILLE CAR WASH WEB SITE

Washville Car Wash does not claim ownership of the materials you provide to Washville Car Wash (including feedback and suggestions) or post, upload, input or submit to any Washville Car Wash or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Washville Car Wash, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Washville Car Wash is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Washville Car Wash’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WASHVILLE CAR WASH WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WASHVILLE CAR WASH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WASHVILLE CAR WASH WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WASHVILLE CAR WASH WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WASHVILLE CAR WASH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WASHVILLE CAR WASH WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WASHVILLE CAR WASH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WASHVILLE CAR WASH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WASHVILLE CAR WASH WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WASHVILLE CAR WASH WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WASHVILLE CAR WASH WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WASHVILLE CAR WASH WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WASHVILLE CAR WASH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WASHVILLE CAR WASH WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WASHVILLE CAR WASH WEB SITE.

TERMINATION/ACCESS RESTRICTION

Washville Car Wash reserves the right, in its sole discretion, to terminate your access to the Washville Car Wash Mobile App and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, New York, U.S.A. in all disputes arising out of or relating to the use of the Washville Car Wash Mobile App. Use of the Washville Car Wash Mobile App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Washville Car Wash as a result of this agreement or use of the Washville Car Wash Mobile App. Washville Car Wash’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Washville Car Wash’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Washville Car Wash Mobile App or information provided to or gathered by Washville Car Wash with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Washville Car Wash with respect to the Washville Car Wash Mobile App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Washville Car Wash with respect to the Washville Car Wash Mobile App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Washville Loyalty Program Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE WASHVILLE LOYALTY REWARDS PROGRAM CAREFULLY. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL

TERMS INCORPORATED BY REFERENCE.

1. Program Eligibility and Overview

1.1. The Washville Loyalty Rewards is offered at the sole discretion of Washville. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations, or other groups may not participate in the Program, including Fleet customers.

Individuals who are residents of the United States (including its territories and possessions) and at least 18 years of age or older,

and can provide and maintain a valid email address are eligible to participate in the Program.

1.2. By participating in the Program, you (individually and collectively, “you,” “your,” or “Customer”), agree that you have read, understood, and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”). The terms and conditions are subject to change at the sole discretion of Washville. Written notification of changes to the Program shall be provided electronically no less than 7 days from which said changes are to take effect.

1.3. Participation in the Program requires the use of a smartphone with an active data connection, either Wi-Fi or cellular. Due to the nature of the Washville business model and functional requirements for data and geolocation in the app to activate washes, there is no alternative account management system or means by which to manage your participation in the Program.

2. Program Enrollment

2.1. All customers including subscription-based members and pay-per-wash retail users are automatically enrolled in the Washville Loyalty Rewards program upon completion of account setup within the app.

2.2. You are required to provide your first name, last name, valid email address, and mobile number upon enrollment into the app. This information will be associated with your Loyalty Program profile automatically. You are solely responsible for maintaining the accuracy of your account information and for updating it as required.

2.3. By opting out of communications at any time you acknowledge that you may not receive up to date information about changes to the Program, including but not limited to points expiration and rewards tier changes.

2.4. Only one Program account may be associated with a single email address or mobile number.

3. Earning Loyalty Points

3.1. Washvillle loyalty points are earned at a consistent rate of 1 point per dollar spent in the app, excluding taxes. In-app spending is qualified as any monetary transaction which occurs within the Washville app for single wash purchases billed to the payment method on file within the Washville app.

3.2. All other transactions which occur outside of the app are not eligible to earn points.

3.3. Washville reserves the right to apply points to a customer account in non-transactional promotional activity.

3.4. Washville reserves the right to adjust point balances negatively in the event of fraud, misuse, misrepresentation, negligence, or in the event of behaviors or actions which are deemed detrimental or damaging to Washville, our properties, or employees.

4. Redeeming Washville Loyalty Points

4.1. Washville points are available for redemption exclusively within the Washville app. Points do not translate to cash value outside of the Washville app and are non-transferrable.

4.2. Points expire 6 months from the date of the purchase transaction in which they are earned unless otherwise specified. Unused or expired points cannot be retrieved, refunded, and are not eligible for any compensation. It is the sole responsibility of the user to monitor their point balance and redeem them prior to expiration.

4.3. Points are available for redemption in a graduated tier system that may include, but is not limited to account credits or washes. Washville reserves the right to adjust redemption tiers at any time per the terms outlined in section 1.2 of this document.

4.4. From time to time, Washville may run promotions that increase, alter, or accelerate redemption prizes, tangible or intangible, and may run the promotions for limited times otherwise known as ‘Ad hoc’ promotions. Washville reserves the right to add or remove the Ad hoc promotions without notice.

4.5. Rewards cannot be exchanged or returned for points, refunds, or other monetary consideration.

4.6. Rewards and/or points earned through the Program carry no additional cash value, are non-transferable, and grant the customer no additional benefit beyond that which is described in the program at the time of point redemption.

5. Program Communications

5.1. Regardless of subscription status you will be sent operational communications as it pertains to your participation in the program until such time your account is closed in full. Examples of these communications include, but are not limited to, redemption confirmation emails, points acquired emails, profile or security update emails, or other communications related to the operation of your account.

5.2. You may opt-out of receiving Washville marketing texts at any time by replying STOP to any of the messages received or by managing your notification preferences under the Account Settings menu item in the Washville app. Opting out of text-based communications limits program updates to email. This may impact awareness of promotions or loyalty point earning opportunities.

5.3. If at any time after opting out of Washville text-based or email communications you may opt-back into communications by contacting our offices and requesting to receive communications or opting back in via the User Settings.

6. Termination and Modification

6.1. The Program and its benefits are offered at the sole discretion of Washville. We may, in our discretion, cancel, modify, restrict, or terminate these Program Terms, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

6.2. Washville reserves the right to exclude you from or to discontinue your participation in the Program and to audit your Loyalty Program account at any time, in our sole discretion. Any suspected abuse of the Program, failure to follow any Program Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your account and make you ineligible for further participation in the Program. If your participation is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

7. Indemnification and Limitation of Liability

7.1. You agree to defend, indemnify and hold Washville, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.

7.2. Washville is not responsible for any loss, injury, claim, liability, or damage related to your participation in the Washville Loyalty Program.

7.3. You and Washville agree that any dispute, claim, or controversy arising out of or relating in any way to the Washville Loyalty Rewards Program or your participation therein, shall be determined by binding arbitration instead of in courts of general jurisdiction.

7.4. These terms and conditions are governed by and construed in accordance with the laws of the Massachusetts.

8. Privacy

The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Program participation, will be used and disclosed by us in accordance with the Washville Privacy Policy. You are entitled to receive a record of your Program transactional history at any time. To receive a complete transaction history, you must provide your request in writing via the contact channels outlined in section 9 of this policy. Allow 7 to 10 business days for processing of your request.

9. Contact and Questions

For information about the Program and your Washville account, reference the User Settings section in the Washville app or contact Washville.