2. EverWash Subscriptions. EverWash Car Club is a subscription based car wash membership and service plan. This Agreement is for the individual user and vehicle (“User” or “You”) that is registered with EverWash Car Club. This Agreement commences on the date of registration and if a membership is purchased continues from month to month until the Agreement is cancelled or terminated in accordance with the terms and conditions set forth herin
3. Description of Services Offered.
5. Passwords & Account Access. The Member who created an EverWash membership account is referred to as the Account Owner. The Account Owner has access and control over his/her EverWash account through the use of an identification name and password. The Account Owner has exclusive control over such information. Because your account may contain credit card information, you should not reveal such information to anyone. By sharing such information, the Account Owner agrees to be responsible for the misuse of such information.
6. General Membership Policies
7. Payment and Billing
8. Termination by EverWash. EverWash may terminate your membership at any time for your failure to comply with its policies and procedures. EVERWASH reserves the right, at its sole discretion, to refuse to honor any request for Membership.
9. Effective December 1st 2015, Member Cancellation Policy. You may cancel your EverWash membership at any time by contacting EverWash at email@example.com. Your membership will be cancelled effective 1 day from your NEXT bill date. You will continue to have access to the service through the end of your next billing period.
10. Changes to Membership Plans
11. Compliance with the Law. You must comply with all applicable governing laws at all times regarding your Membership.
12. Marketing. By signing this Agreement you agree to allow EverWash, its affiliates and your home base location to market products and services to you in any form including, direct mail, email, telephone, texting or other means available. EverWash agrees not to sell member’s information to any third parties for the purpose of marketing.
14. Changes in Operating Hours/Temporary Closing of the Car Wash. As a result of repair, maintenance, weather or act of God; your Home Base may restrict its use or temporarily close its facilities from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs and EverWash shall not be responsible for any such event.
15. Copyright Provisions. You agree at all times to honor all applicable copyright law with respect to Member Web Sites, application, emails and e-Newsletters. As such, you may not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit EverWash information except as specifically authorized in writing by EverWash. In addition, you may not remove any copyright, trademark or other proprietary rights notices contained anywhere on EverWash material, whether electronic or in writing and may not infringe or use the EVERWASH brand, logos and/or trademarks without authorization.
17. Limited Liability. To the extent permissible under applicable laws and jurisdictions, in no event shall EverWash, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury, property damages or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever as a result of your use of the services offered by EverWash.
18. Disclaimers. EVERWASH does not guarantee that the Membership services which it provides will function without interruption or errors in functioning. EVERWASH may modify, replace, refuse access to, suspend or discontinue the Member Web Site or Member e-Newsletters, partially or entirely. EVERWASH will issue pro rata refunds for Paid Memberships in the event of full cancellation of all Membership services. EVERWASH reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in EVERWASH's Member Web Site and Member e-Newsletters and all related items. EVERWASH neither warrants nor represents that your use of the Member Web Site or e-Newsletters will not infringe the rights of third parties.
19. Waiver. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
20. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
21. Complete Agreement. This Agreement constitutes and embodies the full and complete understanding of the parties hereto, and supersedes all prior understandings whether oral or written.
22. Governing Law. The law of the Commonwealth of Pennsylvania shall govern the validity, interpretation and enforcement of this Agreement. Any action brought with respect to this Agreement shall be brought in appropriate tribunal in Philadelphia and the Merchant agrees to waive personal jurisdiction in the event of such a dispute.