SHAMMY’S UNLIMITED WASH CLUB (Membership Plan Terms)
PLEASE READ THESE SHAMMY’S UNLIMITED WASH CLUB® MEMBERSHIP PLAN TERMS (“TERMS”) CAREFULLY. These Terms contain an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Shammy’s Car Wash Unlimited, LLC, through its subsidiaries listed on Exhibit A doing business as Shammy’s Car Wash (collectively “Shammy’s Car Wash”, “us”, “our”, or “we”), offers the SHAMMY’S UNLIMITED WASH CLUB (“SUWC”) that allows customers to subscribe for a membership plan specifying a level of car wash services at our network of car wash locations. Services at Shammy’s Car Wash locations may vary. The recurring monthly fee depends on the SUWC membership plan purchased for each vehicle.
These Terms govern your purchase of and membership in the SUWC and use of the services offered through the SUWC. Certain car wash locations recently acquired by Shammy’s Car Wash may offer subscription membership plans under different brand names (collectively, “Acquired Brand Plans”) until such locations are rebranded as Shammy’s Car Wash. These Terms apply to the sale, purchase, and use of subscription memberships under the respective Acquired Brand Plans. Upon rebranding of a particular location, each membership previously sold at such location under an Acquired Brand Plan will automatically convert to the SUWC membership plan most similar to such membership.
TERMS
When you create an Shammy’s digital account (“Account”) at the Shammy’s Car Wash® website (www.shammyscarwash.com, the “Website”) and/or purchase a SUWC membership plan, we need to collect identifying information about you and your vehicle, which is subject to our Privacy Notice incorporated herein. Please review our Privacy Notice to understand our practices. Use of the Website is governed by the Shammy’s Car Wash Website Terms of Service (“Website Terms of Service”).
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As used in these Terms, the “service” or the “services” means the car wash services provided to the identified vehicle by Shammy’s Car Wash under your purchased SUWC membership plan.
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By providing Shammy’s Car Wash a Payment Method (as defined below), and either accepting these Terms or otherwise utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your SUWC membership plan as outlined in Section 2.6 “Cancelation by You; Reactivation”, and do not use the services.
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SUWC Membership Plans and Fees
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1.1 Services
We offer one or more of the following SUWC membership plans depending on location: generally, Ceramic Shield, Volcanic Eruption, Hot Wax & Gloss, as well as the All Weather. Acquired Brand Plans may be offered at recently acquired locations until such locations are rebranded as Shammy’s Car Wash. For service details and membership fees, you can search for your local Shammy’s Car Wash location here. We reserve the right to change our SUWC membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to membership plans or any increase to membership fees will take effect thirty (30) days after being posted at the impacted Shammy’s Car Wash® locations, on the Website, or otherwise communicated to you. The services offered at each Shammy’s Car Wash® location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders, or other force majeure events. A currently paid SUWC membership plan allows unlimited services for the vehicle identified with the purchased plan at any Shammy’s Car Wash location that provides such plan.
1.2 Auto-Renewal
The SUWC membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method”) to Shammy’s Car Wash and your acceptance of these Terms. A link to these Terms will be included with your purchase receipt for future reference or is available on Shammy’s website. YOUR PAYMENT METHOD WILL NOT BE CHARGED UNTIL AFTER YOU AGREE TO THESE TERMS. YOUR SUWC MEMBERSHIP PLAN WILL AUTOMATICALLY RENEW MONTHLY, SUCH THAT YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU RETAIN THE RIGHT WITHOUT ADDITIONAL COST OR PENALTY TO TERMINATE THES SUWC MEMBERSHIP PLAN IF YOU CANCEL IN A TIMELY MANNER AS DESCRIBED BELOW. Your SUWC membership plan number will appear on your purchase receipt as discussed below in Section 2.
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1.4 Single Vehicle, Personal Use Only
Each purchased SUWC membership plan is for a single, personal, non-commercial vehicle only. Resale or transfer of your SUWC membership plan or the RFID sticker to another vehicle or person is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis, and limousines, are not eligible for the SUWC. If you have a commercial vehicle, please contact BusinessAccounts@Shammys carwash.com for information about a business account.
1.5 Vehicle Sold
If a vehicle identified with a SUWC membership plan is sold, your Payment Method will continue to be charged until you deactivate that license plate or transfer the SUWC membership plan to another vehicle by visiting www.shammyscarwash.com or by calling 844-742-6697 and having a new license plate number, registered in our system, to the new vehicle.
1.6 Vehicle Stolen
If a vehicle identified with a SUWC membership plan is lost or stolen, you must promptly deactivate the vehicle’s SUWC membership plan; if you fail to do so, others may access the car wash service through your SUWC membership plan and may be able to access certain membership plan information, and your Payment Method will continue to be charged or debited. To deactivate, visit the Website, visit any Shammy’s Car Wash location, email help@Shammyscarwash.com, or call 844-742-6697.
1.7 Discounted Introductory Period
If a discounted introductory or promotional offer period is available under the SUWC membership plan purchased, then it will be specified at the time of purchase. The introductory or promotional offer period is intended to allow new and certain former members to try the services. As a result, the availability, duration, and any other terms for the introductory or promotional offer period may vary as determined by Shammy’s Car Wash at its sole discretion. At the expiration of any discounted introductory or promotional offer period, we will charge the then-current regular price for your chosen plan on your next billing cycle to your Payment Method and your membership will automatically renew at such then-current regular price unless you cancel your membership prior to the end of the discounted introductory or promotional offer period, as set forth below. In the event that we determine that you are not eligible for the introductory or promotional discount, we reserve the right to revoke your discounted introductory or period and charge you the then-current regular price for the plan you selected and/or put your SUWC membership plan on hold or inactive status.
Purchase, Billing, Cancelation, and Refunds
2.1 How to Purchase
To purchase a SUWC membership plan, visit any Shammy’s Car Wash® car wash location or visit the Website. If purchased at a Shammy’s Car Wash location, a registration of your vehicle’s license plate will be entered into our system and linked to your vehicle. If purchased through an Account, you will self-enter your license plate number, which will be entered into our system and linked to your vehicle. Your membership plan is active at the time of purchase, whether in person or online.
2.2 Pricing and Taxes
SUWC membership plan pricing is based on the location where purchased. A SUWC membership plan purchased through the Website will be priced according to the city and state entered at the time of purchase. Your SUWC membership plan may be subject to taxes, which will be calculated at the rate applicable to the Shammy’s Car Wash location either where the plan was purchased, or where it is consistently being used. Any applicable taxes will be automatically charged to or debited from your Payment Method on a monthly basis.
2.3 Payment Processing
To purchase a SUWC membership plan, you must provide a Payment Method. You authorize us to charge or debit the current Payment Method for your SUWC membership plan(s) fees, which will be automatically charged or debited on a monthly basis. If a payment is not successfully settled due to your Payment Method’s expiration, insufficient funds, or otherwise, and you do not cancel your SUWC membership plan, we may suspend your access to the service until we have successfully charged or debited a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees; check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution. When you purchase a SUWC membership plan, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards. If your membership plan is suspended due to issues with your Payment Method, you may receive a communication (either via email phone call, and/or text) from Shammy’s Car Wash notifying you of the same. For additional information, see our Privacy Notice.
2.4 Automatic Billing Cycle
The fee for the SUWC membership plan you purchase, and any other charges you may incur in connection with your SUWC membership plan, such as taxes and possible transaction fees, will be charged or debited monthly to your Payment Method on the day of month on which you signed up for the plan. Fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your membership plan was purchased on a day not contained in a given month, e.g., the 31st. The charges or debits will appear on your Payment Method statement as from Shammy’s Car Wash together with the respective store number (i.e., #0000) where your SUWC membership plan was either purchased or temporary barcode redeemed and may include your membership plan number or other information.
2.5 Updating Your Payment Method
To update your Payment Method, visit the Website, visit any Shammy’s Car Wash location, or call 844-742-6697. We may also update information on your Payment Method using information provided by the payment processors, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each SUWC membership plan associated with that Payment Method.
2.6 Cancelation by You; Reactivation
YOU MUST CANCEL A SUWC MEMBERSHIP PLAN AT LEAST 7 DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE APPLICABLE FEE FOR THE NEXT MONTHLY BILLING CYCLE. The vehicle identified with the canceled membership plan will continue to have access to the car wash services through the end of its current billing period. To cancel, visit the Website, visit any Shammy’s Car Wash location, email help@Shammyscarwash.com, or call 844-742-6697. To cancel over the phone, you may be asked to provide identifying information, including, but not limited to, your last name, last four digits of your Payment Method, or phone number. Canceling a SUWC membership plan does not delete your Account (if created). Your Account (if created) will continue to be available for your use, and you will continue to get communications based on your selected communication preferences. Canceled SUWC membership plan(s) may be reactivated by visiting the Website, visiting any Shammy’s Car Wash location, or calling 844-742-6697.
2.7 No Refunds
Paid SUWC membership plan fees are nonrefundable and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all of our members are at our sole and absolute discretion, in accordance with applicable law.
2.8 Additional Purchases
In addition to the charge for the SUWC membership plan, I authorize Shammy’s Car Wash to charge the Payment Method for any incidental, additional, wash upgrades, or other non-regularly-recurring transactions or purchases (“Additional Purchases”) made on the Website, through an Account, or at any Shammy’s Car Wash location. I authorize Shammy’s Car Wash to charge the Payment method for Additional Purchases that are made and/or authorized in (i) writing, (ii) electronically, or (iii) verbally. The price charged for the Additional Purchases will be the price displayed or communicated at the time of purchase and shall not be eligible for post-transaction discounts. Refunds of Additional Purchases will be made in the same manner and have the same eligibility to refund as SUWC membership plan fees, except as otherwise required by applicable law. Nothing in this Section 2.8 shall alter the recurring nature or authorization of the SUWC membership plan fees on a recurring basis, and the remainder of these Terms continue to apply to the same.
Shammy’s Digital Account and SUWC Membership Plan
3.1 Account
You can create an Account by visiting the Website. The person who creates an Account and then uses that account to link to or purchase a SUWC membership plan must have the authority to charge the Payment Method associated with the SUWC membership plan. The person who has access and control over the Account will be responsible for any activity that occurs through the Account and also for updating and maintaining the accuracy of the information in the Account. You must be 18 years of age to create an Account or purchase a SUWC membership plan. Individuals under the age of 18 must use the Account of their parent or legal guardian, under such person’s Account, and otherwise subject to these Terms. If you submit the personal information of any person other than yourself in setting up an Account, you warrant that you have that person’s permission to provide us with that information.
3.2 Membership Plan
You can purchase a SUWC membership plan by visiting the Website (where you will be asked to create an Account subject to the provisions of Section 3.1 above) or any Shammy’s Car Wash location. The person purchasing a SUWC membership plan must have the authority to charge the Payment Method associated with such SUWC membership plan and have access and control over the vehicle associated with the SUWC membership plan; that person also is responsible for any activity that results in charges or debits to the Payment Method for that membership plan and for updating and maintaining the accuracy of the information associated with the SUWC membership plan. You must be 18 years of age to purchase a SUWC membership plan. Individuals under the age of 18 must use the SUWC membership plan of their parent or legal guardian.
3.3 Updating Your Information
You can provide or change your email address, mobile telephone number, and Payment Method, change your SUWC membership plan, and cancel your SUWC membership plan or any Acquired Brand Plans or otherwise update your information by accessing your Account, visit the Website, visiting any Shammy’s Car Wash location, emailing help@shammyscarwash.com, or calling 844-742-6697.
3.4 Communication Preferences
We will send you information relating to your Account or SUWC membership plan (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. You must maintain either a valid email address or mobile telephone number associated with your Account or your SUWC membership plan so that we may contact you. See our Privacy Notice.
3.5 Text Messages
We may send by automated means transactional communication texts related to your Account and/or your SUWC membership plan purchases. Your mobile carrier’s standard message rates and other charges will apply to any text communication you send or receive. All charges for such text communications are billed by and payable to your mobile carrier. Shammy’s Car Wash will not be liable for any delays in the receipt of any text communications. Delivery is subject to effective transmission from your mobile carrier. Maximum number of text communications per month will vary based on your transactions. To opt out of transactional communication texts, other than legal notices, you may text STOP to 30400, the number that appears in your transactional communication texts, or to 844-742-6697, provided you have provided us with a valid email address so that we may contact you. Consent to receive such messages is not a condition of making any purchase. For more information on text messages and data obtained from you via text message, see our Privacy Notice.
3.6 Compliance with Law; Termination by Shammy’s Car Wash
You and anyone for whom you purchase a SUWC membership plan agree to use the SUWC membership plan(s) in accordance with all applicable laws, rules, and regulations. We may cancel your SUWC membership plan(s) if you, or anyone associated with your SUWC membership plan(s) or Acquired Brand Plan, violates applicable law, rules, or regulations, or these Terms. To the maximum extent permitted by applicable law, Shammy’s Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account, any purchased SUWC membership plan(s) or Acquired Brand Plan, and use of the services, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account or SUWC membership plan(s) or Acquired Brand Plan, you may not create another Account or purchase another SUWC membership plan without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account and/or SUWC membership plan or Acquired Brand Plan to protect you or Shammy’s Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Shammy’s Car Wash is not obligated to credit or discount your membership plan for any such refusals, suspensions, deactivations, or terminations.
Disclaimers of Warranties and Limitations on Liability
4.1 No Warranty
THE SUWC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). SHAMMY’S CAR WASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
4.2 Damage Disclaimer
SHAMMY’S CAR WASH DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING THE GENERALITY OF SECTION 4.3 BELOW, SHAMMY’S CAR WASH SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:
• Pre-existing damage and loose parts
• Negligence (driving, steering, braking, etc.)
• Electric running boards in lowered position
• Aftermarket and non-factory parts
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields
4.3 Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SHAMMY’S CAR WASH UNLIMITED, LLC, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“SHAMMY’S PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE A SUWC MEMBERSHIP PLAN FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SHAMMY’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE SHAMMY’S PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SUWC MEMBERSHIP PLAN AND ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4 Indemnification
You will indemnify, defend, and hold harmless the Shammy’s Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your misuse of the SUWC, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action
5.1 Applicability of Arbitration Agreement
Any dispute, claim, or controversy of any nature arising out of or relating in any way to your Account, any purchased SUWC membership plan, Acquired Brand Plans, the services, these Terms, or the Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Shammy’s Car Wash, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.
5.2 Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Shammy’s Car Wash individually in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims court and advance only an individual (non-class, non-representative) claim for relief. In the event of any actual, alleged, or threatened violation of confidentiality or violation of Shammy’s Car Wash’s or its licensor’s intellectual property or other proprietary rights, Shammy’s Car Wash may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
5.3 Confidential Proceedings
The parties expressly agree that any and all actions taken under the 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.
5.4 Arbitrator
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
5.5 Place and Governing Law
The place of arbitration shall be in Tarrant County, Texas, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time (the “FAA”), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Texas shall apply without regard to conflict-of-laws provisions.
5.6 Survival; Severability
This Arbitration Agreement provision will survive the termination of these Terms. Except as set forth in Section 5.8 (“Class Action Waiver”) below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Shammy’s Car Wash.
5.7 Time Limitation on Claims
The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the 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 the Dispute is permanently barred.
5.8 Class Action Waiver
YOU AND SHAMMY’S CAR 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 Shammy’s Car Wash agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
5.9 Initiating Arbitration
If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail, to Shammy’s Car Wash, 5901 Davis Blvd., North Richland Hills, TX, 76180, Attn: General Counsel. If Shammy’s Car Wash intends to seek arbitration, Shammy’s Car Wash will send a Notice to the email address, current billing address, or mobile telephone number in your Account or associated with your SUWC membership plan. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Shammy’s Car Wash at 5901 Davis Blvd., North Richland Hills, TX, 76180, Attn: General Counsel. Shammy’s Car Wash will send such copy to the email address, current billing address, or mobile telephone number in your Account or associated with your SUWC membership plan or to your attorney, if you have retained one.
For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; Shammy’s Car Wash will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes asserted by Shammy’s Car Wash, Shammy’s Car Wash will pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.
Miscellaneous
6.1 Governing Law, Forum Selection, and Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms, your Account, or the SUWC membership plan shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of Texas without regard to choice-of-law principles or conflict-of-laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Unless you and Shammy’s Car Wash agree otherwise, if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the District of Texas, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Texas for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Texas located in Tarrant County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Shammy’s Car Wash both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
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6.2 Feedback
SHAMMY’S Car Wash is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the SUWC. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.3 Customer Support
To find more information about SUWC and its features, or if you need assistance with your SUWC membership plan, visit the Website, visit any Shammy’s Car Wash location, email help@shammyscarwash.com, or call 844-742-6697.
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6.4 Changes to Terms
Shammy’s Car Wash may, from time to time, change these Terms. Such revisions extend only to claims arising after the change date, apply equally to any claims that either party may have against the other, and shall be effective immediately; provided, however, for existing SUWC members, such revisions shall, unless otherwise stated, be effective no sooner than the 31st day following the date such change is posted on the Website.
6.5 Miscellaneous
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Shammy’s Car Wash, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Notice and the Website Terms of Service, are the entire agreement between you and Shammy’s Car Wash with respect to your SUWC membership plan. Shammy’s Car Wash’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Shammy’s Car Wash. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of the successors and assigns of Shammy’s Car Wash. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your SUWC membership plan.
Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
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