Last Updated: 05/02/2022
THESE TERMS OF USE ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND WATERWAY. IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THESE TERMS. Whether you are exploring our car wash options, or simply browsing, your interaction with our Site signifies your acceptance of these Terms of Use. This agreement applies regardless of whether you complete a transaction on our Site or through other means such as phone, email, or fax. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE OUR SITE OR SERVICES.
MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL. These Terms include a mandatory arbitration provision and clauses that waive your right to participate in class action lawsuits and jury trials. Except for specific dispute types outlined in the arbitration section or where legally prohibited, any disputes related to your use of the Site or our car wash Services will be resolved through binding, individual arbitration. You are waiving your right to participate in a class action lawsuit. The arbitrator’s decision is subject to limited court review. While you are entitled to a fair hearing, arbitration procedures are simpler and more limited than court rules. See the detailed arbitration section below for more information.
We may modify the Site’s content at any time and update these Terms of Use by posting revisions on the Site. While we will make reasonable efforts to notify you of significant changes, we are not obligated to provide specific notice for all updates, except for changes to our arbitration agreement, which is detailed later in these Terms. By continuing to use the Site after updates to the Terms of Use are posted, you are agreeing to the most current version. You can always review the latest Terms of Use by clicking the “Terms of Use” link on our webpages. It is your responsibility to check these Terms regularly for updates.
1. General Use and Restrictions
1.1 Site Access. Subject to your compliance with these Terms of Use, Waterway grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Site. This license is specifically for purchasing Waterway products and car wash services, managing a Waterway user account, viewing offers, applying for jobs, submitting fundraiser applications, and requesting donations. This license is the only right granted to you concerning the Site, unless required or limited by law. You are prohibited from modifying, copying, reproducing, reverse engineering, or exploiting the Site in any way that infringes upon our intellectual property rights or those of our licensors or other users. You agree not to use the Site for any purpose unlawful or prohibited by these Terms, and to comply with all applicable U.S. and international laws and regulations. All rights not expressly granted are reserved by Waterway. Breach of these Terms will result in automatic termination of this license.
1.2 Content Usage. Unless explicitly stated otherwise, all content on this Site, including text, graphics, logos, videos, images, and software, is the property of Waterway, its affiliates, or third-party licensors and suppliers, and is protected by copyright and trademark laws (“Content”). This Content includes site design, documents, and services. You are permitted to print a single copy of information from the Site for personal use, provided you maintain all copyright notices and strictly adhere to all provisions of these Terms of Use, including Section 1.3.
1.3 Usage Restrictions. Except for printing a single copy as permitted in Section 1.2, you are prohibited from reproducing, modifying, distributing, or publicly displaying any Content from this Site without express written permission from Waterway.
1.4 Acceptable Use. By accessing and using the Site, you confirm that: (a) your use is governed by these Terms of Use; (b) you are at least eighteen (18) years old; (c) you will use the Site only for its intended Services in the normal course of business, such as finding information about car washers and related services; (d) you will act legally, ethically, and in good faith; (e) you agree to comply with the Terms of Use as posted on the Site each time you access it; (f) each use of the Site confirms your agreement to these Terms; and (g) these Terms constitute a legally binding agreement between you and Waterway.
1.5 Prohibited Actions. You agree not to: (a) use Waterway trademarks as metatags on other websites; (b) use the Site illegally or in any way that disrupts its operation or others’ use; (c) frame any part of the Site or use in-line links to Content; (d) access any part of the Site for which access is not granted to you; (e) transmit objectionable content, including violent, obscene, or discriminatory material; (f) damage Waterway’s or its affiliates’ reputation; (g) infringe on third-party intellectual property or privacy rights; (h) unlawfully transmit confidential information; (i) reverse engineer Site software or manipulate the Site in any way that negatively affects user experience, including actions that overload the Site; or (j) use data mining tools, robots, or other data extraction methods on the Site, except for standard search engines. Waterway reserves the right to monitor the Site and terminate your access at any time, with or without cause or notice, for any inappropriate or disruptive behavior. We may report illegal activities to law enforcement and cooperate with investigations, which may include disclosing information obtained from your use of the Site. We may also disclose information as necessary to operate, improve, and protect the Site and its users, or for any legally permissible purpose.
2. Accounts
2.1 Account Registration. If Waterway provides you with a username and password for Site access (“Account”), you will be a Registered User. Some Site areas may be restricted to Registered Users. If you are a Registered User, you must not share your login information or allow third-party access to your Account. You are responsible for maintaining the confidentiality of your username and password, and for notifying us immediately of any unauthorized Account use. If you permit others to use your Account, you are responsible for all activities conducted through it.
2.2 Payment Processing. Waterway utilizes Authorize.net, a third-party payment processor, for payment transactions. Payment processing is subject to Authorize.net’s terms of use. For purchase and payment conditions, please refer to Waterway’s Payment Terms and Conditions and Clean Car Club Terms and Conditions. For further questions, contact us at [email protected].
2.3 Account Termination or Suspension. Waterway reserves the right, at its sole discretion, to terminate or suspend your Account and/or Site access at any time, with or without notice and for any reason. If your Site access is terminated, you agree not to attempt to access the Site again, directly or indirectly. If your access is suspended, you agree not to attempt access until the suspension is lifted and you receive express notice from us.
3. User Content
3.1 User Content License. By submitting content to the Site (“User Content”), you grant Waterway a non-exclusive, royalty-free, sublicensable, worldwide license to use, reproduce, modify, store, transmit, display, publish, and distribute such User Content, in whole or in part, to provide Services related to car washers and for any purpose related to these Services. You warrant that you have the right to grant this license and that your User Content complies with these Terms of Use. You are solely responsible for the accuracy, legality, and appropriateness of your User Content. Waterway is not liable for the content or accuracy of User Content provided by you or any Site user. Note that Feedback, as defined in Section 3.2, is excluded from User Content.
3.2 Feedback Ownership. Any comments, ideas, suggestions, or feedback you provide to Waterway regarding the Site or Services (“Feedback”) become the exclusive property of Waterway. To the extent you possess any intellectual property rights in Feedback, you agree to assign all rights, title, and interest to Waterway.
3.3 User Content Removal. Waterway is not obligated to pre-screen User Content but reserves the right to refuse, remove, or disable any content, including your User Content, at any time without notice. Waterway may edit or remove User Content that it deems abusive, defamatory, obscene, unlawful, or unacceptable, and you waive any moral rights regarding changes to your User Content. Waterway is not responsible for storing your User Content and may delete or destroy it at any time without liability. We have the right to cooperate fully with law enforcement or court orders to disclose the identity of anyone posting materials on the Site. YOU WAIVE AND HOLD WATERWAY HARMLESS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN BY WATERWAY DURING OR AS A RESULT OF INVESTIGATIONS BY WATERWAY OR LAW ENFORCEMENT. However, we do not review all material before it is posted and are not liable for prompt removal of objectionable material. We assume no liability for actions or inactions regarding user-provided content.
3.4 User Content Restrictions. You agree not to provide User Content that: (a) contains offensive language, slurs, or hate speech; (b) is defamatory, threatening, false, misleading, or harmful; (c) violates any rights of Waterway or third parties, including intellectual property or privacy rights; (d) is discriminatory; (e) violates any law or encourages illegal activity; (f) interferes with others’ Site use; (g) advertises goods or services; (h) “flames” or harasses individuals or entities; or (i) otherwise violates these Terms of Use.
4. Site Communications
4.1 User Communications License. By sending communications to Waterway through the Site, you grant Waterway a perpetual, royalty-free, irrevocable, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display such communications in any form for the purpose of providing car wash Services and related purposes. No compensation will be provided for the use of your communications. You warrant that you own or control all rights to your submitted communications and have the right to grant this license.
4.2 Electronic Communications Consent. By using the Site, you consent to receive electronic communications from Waterway, including notices, fee information, and Site-related details. These electronic communications are part of your relationship with us. You agree that electronic communications satisfy any legal requirement for written communication.
5. Information Accuracy
The information on the Site is for general informational purposes only. Waterway does not guarantee the accuracy, completeness, or usefulness of this information, including details about car washers and service locations. Any reliance on Site information is at your own risk. We disclaim any liability arising from reliance on Site materials by you or any Site visitor. The Site may include third-party content, and opinions expressed in such content are solely those of the providers and do not necessarily reflect Waterway’s views. Waterway is not responsible for the content or accuracy of third-party materials.
6. Links to Third-Party Sites
6.1 External Links. The Site may contain hyperlinks to external websites operated by third parties. Waterway has no control over these sites, their content, or privacy practices. These links are provided for convenience only, and their inclusion does not imply endorsement or affiliation with the linked website or its operators. Waterway is not responsible for any content, advertising, or materials available through third-party websites, and is not liable for any damage or loss resulting from your use of or reliance on such content, goods, or services.
6.2 Linking to the Site. You are welcome to link to the Waterway Site from other websites, provided you do so fairly and legally, without damaging our reputation or taking advantage of it. Links must not suggest any endorsement or association with Waterway without our express written consent. You must not link from websites not owned by you, frame the Site on other sites, or take any action inconsistent with these Terms of Use regarding Site materials. If Waterway requests that you remove a link to the Site, you agree to do so immediately.
7. Product Availability
Waterway products, including car wash services, are currently offered only in the United States and are not available to residents of the European Economic Area.
8. Copyright Infringement Claims
Waterway respects intellectual property rights. If you believe your copyrighted work has been infringed on the Site, please provide our copyright agent with the following information: (a) signature of the copyright owner or authorized representative; (b) description of the infringed work; (c) location of infringing material on the Site; (d) your contact information (address, phone, email); (e) a statement of good faith belief of infringement; and (f) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf. Our agent for copyright infringement notices can be reached at [email protected].
9. Legal Compliance
The Site is operated from the U.S. and intended for U.S. residents only. It is not approved for distribution outside the U.S. When using the Site, you must comply with all applicable U.S. federal, state, and local laws.
10. Minimum Age Requirement
The Site is not intended for users under eighteen (18) years of age. By using the Site, you represent that you are at least eighteen (18) years old.
11. Disclaimer of Warranties
The Site is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” Waterway disclaims all liability for errors or omissions on the Site, including Content inaccuracies. We do not warrant the accuracy or timeliness of Site Content, which may contain inaccuracies or errors. We do not guarantee that the Site will function properly or be continuously available. USE OF THE SITE AND ANY CONTENT OBTAINED THROUGH IT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WATERWAY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, AND ACCURACY. WE DISCLAIM ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT. We do not guarantee continuous service availability and may terminate the Site or any part of it at any time without notice. Some jurisdictions do not allow exclusion or modification of implied warranties, so some limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Waterway and its affiliates, officers, directors, employees, shareholders, and licensees (“Indemnified Parties”) from any liabilities, costs, and expenses, including attorney’s fees, arising from any claim related to (a) your Site use, including Content; (b) your breach of these Terms of Use or breach by anyone using your Account; (c) your User Content; and/or (d) any allegation that, if true, would constitute a breach of these Terms by you or an Account user.
13. Limitation of Liability
WATERWAY DOES NOT GUARANTEE 100% SITE AVAILABILITY DUE TO INTERNET DISRUPTIONS. WE ARE NOT LIABLE FOR DAMAGES FROM SITE INTERRUPTIONS OR DELAYS. EXCEPT WHERE PROHIBITED BY LAW, WATERWAY AND ITS PARTNERS WILL NOT BE LIABLE FOR (A) ANY DAMAGES RESULTING FROM LOSS OF USE, DATA LOSS, INABILITY TO USE THE SITE, OR INACCURACY OF CONTENT, OR (B) ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THESE TERMS OR SITE USE, EVEN IF ADVISED OF POTENTIAL DAMAGES. IN ALL CASES, WATERWAY’S AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF $5.00 OR FEES PAID BY YOU IN THE MONTH BEFORE THE CLAIM AROSE. Some jurisdictions do not allow disclaimer of certain damages, so some limitations may not apply to you.
14. Mandatory Arbitration and Class Action/Jury Trial Waiver
Most concerns can be resolved by contacting us as described in the “Questions” section. If a dispute remains unresolved, except for injunctive relief claims by Waterway, you agree that any Claim arising from Site use, Services, or other interactions with Waterway will be resolved by individual (non-class) arbitration. However, either party may seek relief in small claims court for claims within its jurisdiction, provided it does not seek class certification or damages exceeding small claims limits. California residents retain the right to seek public injunctive relief in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF ARBITRATION AWARDS IS LIMITED. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS. YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN ARBITRATION. CLAIMS CANNOT BE JOINED OR CONSOLIDATED WITH OTHERS’ CLAIMS. THE ARBITRATOR CANNOT CONDUCT CLASS-WIDE OR MULTIPLE-PARTY ARBITRATION. You agree that Site use involves interstate commerce and that the Federal Arbitration Act governs this agreement. The arbitrator will apply the substantive law of the state where the transaction occurred, applicable statutes of limitations, and legal privileges. AAA rules will govern arbitration, and you may obtain information at https://www.adr.org/ or 1-800-778-7879. If AAA cannot administer arbitration, a court will appoint an arbitrator. Arbitration will occur in the county and state of your acceptance of these Terms, your residence, or another convenient location determined by the arbitrator. Court judgment may be entered on the arbitrator’s award, which is generally not subject to appeal. You may request a statement of reasons for the award. If you initiate arbitration for a consumer-purpose transaction, you will pay filing fees up to the cost of filing a lawsuit; Waterway will pay the excess. Other arbitration fees will be allocated per AAA rules. Each party pays its own costs and attorney’s fees unless the arbitrator reallocates them by law. This paragraph applies to consumer-purpose transactions. Amendments to this arbitration agreement by Waterway will require advance notice, except for renumbering. Amendments will not apply to claims filed before the amendment’s effective date. You can reject this arbitration provision within 30 days of accepting the Terms by emailing [email protected] with the subject line “Rejection of Arbitration Provision.” If any part of this arbitration provision is invalid, the rest remains valid, unless the class action limitation is invalid, in which case the entire arbitration provision is invalid. This arbitration provision survives termination of your Site use.
15. Privacy Policy
Details on Waterway’s collection and use of personal information are available in our Privacy Policy [here].
16. Governing Law and Jurisdiction
These Terms are governed by the laws of Missouri, excluding its conflict of law rules, and the laws of the United States. Except as set forth in the arbitration agreement, you agree to the exclusive jurisdiction and venue of state and federal courts in St. Louis, Missouri, for any dispute related to these Terms.
17. Miscellaneous
17.1 Entire Agreement. These Terms of Use, including any other terms and conditions on the Site and any written agreements between you and Waterway specifically referencing these Terms, constitute the complete agreement regarding Site use and supersede all prior agreements.
17.2 Assignment. You may not transfer your rights or obligations under these Terms without Waterway’s written consent. Waterway may transfer its rights under these Terms without your consent.
17.3 Severability. If any part of these Terms is invalid or unenforceable, that part will be modified to reflect the original intent as closely as possible under applicable law, and the rest of the Terms will remain in effect.
17.4 Admissibility. A printed version of these Terms and electronic notices will be admissible in legal proceedings related to these Terms to the same extent as printed business documents.
17.5 No Waiver. Waterway’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or right.
17.6 Cumulative Remedies. Waterway’s rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies available by law or equity.
17.7 Notice. Waterway may provide notices regarding the Site or these Terms by reasonable means, including email to your last known email address, which will be deemed received on the sending date.
17.8 Questions. For questions or comments about these Terms of Use or the Site, please contact us at [email protected].
