Agreement between user and by Conrad’s Laserwash Company, Inc. (“BLUE FALLS CAR WASH”)
The Blue Falls Car Wash Web Site is comprised of various Web pages operated by Blue Falls Car Wash.
The Blue Falls Car Wash Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Blue Falls Car Wash Web Site constitutes your agreement to all such terms, conditions, and notices. Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. They also contain an arbitration clause and class action waiver.
1. Products/Services
Blue Falls’ is authorized to sell the coupons, memberships and/or services offered for sale on the Website. Blue Falls may discontinue any coupon, membership and/or service at any time, without notice.
2. Services
The services are subject to availability and will only be offered during the business hours of each individual location. Blue Falls reserves the right to cancel a coupon, membership or service.
3. Payment
Customer’s credit card will be charged in full when Customer’s order is processed and may be subject to additional credit card processing fees.
4. Cancellations
Once an order is placed, orders may only be canceled pursuant to the cancellation process as described on the Website and/or via electronic mail to Customer.
5. Modification of These Terms of Use
Blue Falls Car Wash reserves the right to change the terms, conditions, and notices under which the Blue Falls Car Wash Web Site is offered, including but not limited to the charges associated with the use of the Blue Falls Car Wash Web Site. All changes are effective immediately when posted. Your continued use of the Website after the changes have been posted will be construed to mean that you accept and agree to any and all changes. You are expected to check this page frequently for any changes.
6. Links to Third Party Sites
The Blue Falls Car Wash Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Blue Falls Car Wash and Blue Falls 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. Blue Falls Car Wash is not responsible for webcasting or any other form of transmission received from any Linked Site. Blue Falls Car Wash is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Falls Car Wash of the site or any association with its operators.
7. No Unlawful or Prohibited Use
As a condition of your use of the Blue Falls Car Wash Web Site, you warrant to Blue Falls Car Wash that you will not use the Blue Falls Car Wash Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Blue Falls Car Wash Web Site in any manner which could damage, disable, overburden, or impair the Blue Falls Car Wash Web Site or interfere with any other party’s use and enjoyment of the Blue Falls Car Wash Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blue Falls Car Wash Web Sites.
8. Materials Provided to Blue Falls Car Wash or Posted At Any Blue Falls Car Wash Web Site
Blue Falls Car Wash does not claim ownership of the materials or information you provide to Blue Falls Car Wash (including feedback and suggestions) or post, upload, input or submit to any Blue Falls Car Wash Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Blue Falls Car Wash, its affiliated companies and any sublicensees permission to use your Submission in any way, including, but not limited to, in connection with the operation of 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. Blue Falls Car Wash is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Blue Falls 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.
9. LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BLUE FALLS CAR WASH WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLUE FALLS CAR WASH OR OUR AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE BLUE FALLS CAR WASH WEB SITE AT ANY TIME. INFORMATION AVAILABLE ON THE WEBSITE DOES NOT CONSTITUTE ADVICE AND 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.
BLUE FALLS 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 BLUE FALLS 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. BLUE FALLS 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 BLUE FALLS CAR WASH, OR OUR AFFILIATES, OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BLUE FALLS CAR WASH WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BLUE FALLS 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 BLUE FALLS CAR WASH WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BLUE FALLS CAR WASH WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE, OR BLUE FALLS CAR WASH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE DAMAGES OF ANY CHARACTERIZATION SHALL BE CAPPED IN THE AGGREGATE AT THE AMOUNT YOU HAVE PAID TO BLUE FALLS IN THE LAST 12 MONTHS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BLUE FALLS CAR WASH WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLUE FALLS CAR WASH WEB SITE.
10. WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT ONLY TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED.
11. BINDING ARBITRATION
ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY BLUE FALLS’ PRODUCT OR SERVICE, YOUR USE OF THE WEBSITE, OR THESE TERMS AND CONDITIONS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Cuyahoga County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
12. NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BLUE FALLS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
13. Indemnification
You agree to indemnify, defend, and hold harmless Blue Falls, it officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of the Website (including negligent or wrongful conduct) by you or any other person accessing the site using your internet connection.
14. Termination/Access Restriction
Blue Falls Car Wash reserves the right, in its sole discretion, to terminate your access to the Blue Falls Car Wash Web Site and the related services or any portion thereof at any time, without notice.
15. Errors in Listed Price
In the event that any of our products listed on the Website are mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for any products listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Blue Falls will issue a credit to your credit card account in the amount of the incorrect price.
16. Governing Law
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Blue Falls Car Wash Web Site. Use of the Blue Falls Car Wash Web Site 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 Blue Falls Car Wash as a result of this agreement or use of the Blue Falls Car Wash Web Site. Blue Falls 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 Blue Falls Car Wash’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Blue Falls Car Wash Web Site or information provided to or gathered by Blue Falls Car Wash with respect to such use.
17.Severability
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 Blue Falls Car Wash with respect to the Blue Falls Car Wash Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Blue Falls Car Wash with respect to the Blue Falls Car Wash Web Site. 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 and 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.
18. Copyright and Trademark Notices
The Website and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Blue Falls, its licensors or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws. All rights are reserved.
You may electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Blue Falls or purchasing our products or services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
19. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), Blue Falls has a Designated Agent to whom all notifications of claimed copyright infringement under United States copyright law should be sent. The Designated Agent’s information is as follows:
ATTN: CFO
Conrad’s Laserwash Company, Inc.
14577 Lorain Ave.
Cleveland, OH 44111
Email: privacy@econrads.com
Toll-free: 855-328-8861
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
20. Other Terms. The Website Terms of Use, Privacy Policy and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference.