MR WASH TERMS OF USE – PLATFORM

Last modified: August 2024

Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Mr Wash Car Wash’s (“Mr Wash,” “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

•   https://mrwash.com/ (our “Website”);
•   Any products (“Products”) available for purchase through our Website; and
•   The services (“Services”) made available through our Website.

The business support services and our Website are collectively referred to as our “Platform.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE. In addition, if you purchase a car wash plan through our Platform, you agree to be bound by the Mr Wash Terms of Use – Customers available at mrwash.com/terms-of-service

Binding Arbitration.  These Terms of Use provide that all disputes between you and Mr Wash that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Mr Wash.

1.         Ownership of the Platform

All pages, features and content within this Platform and any material made available for download are the property of Mr Wash, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Mr Wash. You shall comply with all proprietary notices contained in any Content accessed via the Platform. You must obtain our prior written consent when using Content to: (i) develop any software program, including but not limited to, training a machine learning, artificial intelligence (AI) system, or large language model; or (ii) providing archived or cached data sets containing Content to another person or entity. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Mr Wash without our express written consent.

2.         Access to the Platform, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”). The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient and your particular circumstances require using Automated Action on the Platform, please contact us through email at customerservice@mrwash.com for an accommodation.

Violations of system or network security may result in civil or criminal liability. Mr Wash will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Mr Wash. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Mr Wash at any time with or without cause. You agree to defend, indemnify and hold Mr Wash harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Mr Wash arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

3.         Account Set-Up and User Information.

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Site and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Mr Wash has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mr Wash suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.  Doing so will compromise the security of your account.

4.         Online Services Associated with the Site.

The Site may be used to access certain online services.  In some cases, you will not receive a separate notice when the Site connects to those services.  Using the Site constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services.  Your use of those services may be governed by additional terms and conditions.  Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any.  You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed.  You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

5.         Location-Enabled Features.  Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind.
6.         Support for Site and Platform; Functionality.  All questions and requests relating to support of the Platform must be directed to Mr Wash.  The Third Parties, as defined in Section 19, are not responsible for providing support for the Platform and may not be contacted for support.  We may change or remove functionality and other features of the Platform at any time, without notice.
7.         Modified Devices and Operating Systems.  Mr Wash will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”).  Use of the Platform on Modified Devices will be at your sole and exclusive risk and liability.
8.         Accuracy and Integrity of Information

Although Mr Wash attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Mr Wash so that it can be corrected. Mr Wash reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Mr Wash will have no responsibility or liability for information or Content posted to the Platform from any non-Mr Wash affiliated third party.

9.         Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

10.     Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

11. Quantity Limits and Dealer Sales

Mr Wash reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Mr Wash and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Mr Wash also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Mr Wash for the purpose of engaging in a commercial sale of that same product(s) with a third party.

12. Online Payments

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card Mr Wash or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

13.     Automatic Renewal Subscription Terms

We may charge a subscription fee for some Products and/or Services on our Platform. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription at least seven days before the end of the then-current subscription period by clicking here. If you cancel your subscription, your account’s access to our Services will automatically end at the end of your current billing period. Mr Wash may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services or Products prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is cancelled for any reason, you will need to resubscribe in order to access our Services or Products.

14. Export Policy and Restrictions

You acknowledge that the products and Content which are sold or licensed on the Platform, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Platform, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Mr Wash from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

15. Links to Other Sites

Mr Wash makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Mr Wash website, please understand that it is independent from Mr Wash, and that Mr Wash has no control over the content on that website. In addition, a link to a non-Mr Wash website does not mean that Mr Wash endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.

16. Disclaimer of Warranties

MR WASH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THESE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MR WASH DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. MR WASH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY MR WASH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

17. Limitation of Liability Regarding Use of the Platform

MR WASH AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF MR WASH TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS).

18. External Services.

The Platform may enable access to Mr Wash’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services“). You agree to use the External Services at your sole risk. Mr Wash is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Mr Wash or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of Mr Wash or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Mr Wash is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Mr Wash reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

19. Dispute Resolution; Arbitration Agreement.

We will try to work in good faith to resolve any issue you have with the Platform, including products and services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

 

You and Mr Wash agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use, your use of the Platform, and this Section 19 (this “Arbitration Agreement”) shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mr Wash are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and this Arbitration Agreement and the termination of your Mr Wash membership.

If you elect to seek arbitration or file a small claim court action, you must first send to Mr Wash, by certified mail, a written Notice of your claim (“Notice”). The Notice to Mr Wash must be addressed to: 121 N Glebe Road, Arlington, VA 22203 (“Notice Address”). If Mr Wash initiates arbitration, it will send a written Notice to the email address used for your membership plan. A Notice, whether sent by you or by Mr Wash, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Mr Wash and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mr Wash may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.

You and Mr Wash agree that any and all actions taken under this Arbitration Agreement and related provisions, including, but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties or as otherwise may be required by law.

 

The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Mr Wash and you agree otherwise, any arbitration hearings will take place in Arlington, Virginia. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Mr Wash’s last written settlement offer made before an arbitrator was selected (or if Mr Wash did not make a settlement offer before an arbitrator was selected), then Mr Wash will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

You and Mr Wash agree that you and Mr Wash, as applicable, must initiate arbitration within one (1) year after you or Mr Wash, as applicable, discovered or should have discovered the basis of the claim or dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that such claim or dispute is permanently barred.

YOU AND MR WASH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mr Wash agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

The filing fee(s) for the arbitration shall be paid and allocated in accordance with the current AAA rules, including the Mass Arbitration Supplementary Rules to the extent applicable. Either party may request a Process Arbitrator with respect to the dispute(s) and claim(s).  Mr Wash agrees to pay all Initiation Fees, Per Case Fees, and other filing fees that it is legally or contractually required to pay.  Unless provided for otherwise by the applicable law or rules, or the arbitrator, Company will pay its and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims.

20.     Revisions; General

Mr Wash reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Mr Wash and you pertaining to the subject matter hereof. In its sole discretion, Mr Wash may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

21. Contact Us

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform.

How to Contact Us:

Mr Wash Car Wash

121 N Glebe Road

Arlington, Virginia 22203

Email: customerservice@mrwash.com