EverWash Car Club Terms and Conditions of Service

1. User's Acknowledgment and Acceptance of Terms. EverWash Car Club, LLC (“Us” or “We”) provides the EverWash site and mobile application and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. By accessing, downloading, and/or using the Site, including the mobile application, and/or the Services, you signify your acceptance of all provisions of the EverWash Terms of Use as set forth herein and all features and functionalities, website, and user interfaces, as well as all content and software associated with our service. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EVERWASH. If you do not agree to the Terms of Use, please exit the EverWash Site and if purchased, do not continue your Membership by cancelling. EverWash expressly reserves the right to make changes to our terms at any time without notice to you. Your continued use of our site and your Membership following any changes to these terms will mean that you accept such changes. If you have questions or concerns regarding the Terms of Use, please contact EverWash as directed below.

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.

4. Member Eligibility. If you Register for a Membership, you represent and warrant that you (a) are not under the age of 18; (b) are not registering under a false name or with false information; (c) you are authorized to use the form of payment submitted for membership; (d) will not use other Members’ accounts and will not let others use your account; (e) will not attempt to or actually override any security component included in the Member Web Site or Mobile Application; and (f) will comply with the Member Terms of Use at all times.

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 support@everwash.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.

13. Privacy Policy. The EVERWASH Member Privacy Policy applies to you and other users use of the EverWash Member Web Site and EverWash Mobile Application. The Privacy Policy is available for review at Everwashcarclub.com/privacy. Personally identifying information is subject to our Privacy Policy the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

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.

16. Indemnification. You agree to indemnify EVERWASH and hold EVERWASH harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by your failure to comply with the Member Terms of Use, including, without limitation, your violation of copyright law that violates third party rights or applicable laws.

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.

23. Contacting Us. If you have any questions about the EVERWASH Member Terms of Use and technical support, the practices of the EVERWASH Memberships, you can contact us at support@everwash.com or by any other means available on our Site.