KWIK-N-CLEAN TERMS OF SERVICE

This Terms of Use Agreement sets forth the standards of use of the www.kwikncleancarwash.com Online Service. By using the www.kwikncleancarwash.com website, you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.kwikncleancarwash.com. Your continued use of the Service after amendments are posted constitutes acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.



Description of Service

www.kwikncleancarwash.com is providing Members with the ability to purchase products and account creation services. Members must provide (1) all equipment necessary for their own Internet connection, including computer and modem, (2) provide for their own access to the Internet, and (3) pay any fees related to such connection.

Disclaimer of Warranties

The site is provided by www.kwikncleancarwash.com on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, www.kwikncleancarwash.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. www.kwikncleancarwash.com shall have no liability for any interruptions in the use of this website. www.kwikncleancarwash.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusion may not apply.

Limitation of Liability

www.kwikncleancarwash.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF www.kwikncleancarwash.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply.

Indemnification

Member agrees to indemnify and hold www.kwikncleancarwash.com, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, violation of this Agreement, or infringement by Member or other user of the Service using Member’s computer, of any intellectual property or other rights of any person or entity.

Modifications and Interruption to Service

www.kwikncleancarwash.com reserves the right to modify or discontinue the Service with or without notice to the Member. www.kwikncleancarwash.com shall not be liable to Member or any third party should it exercise its right to modify or discontinue the Service. Member acknowledges and accepts that www.kwikncleancarwash.com does not guarantee continuous, uninterrupted, or secure access to our website, and operation of the site may be interfered with by numerous factors outside our control.

Third-Party Sites

Our website may include links to other sites on the Internet owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review the privacy policies of third-party sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by vendors or collected from publicly available sources. While www.kwikncleancarwash.com makes every effort to ensure accuracy, we make no representations or warranties as to the reliability of any information provided. Any reliance on vendor representations is at your own risk.

Governing Jurisdiction of the Courts of Massachusetts

Our website is operated in the State of Massachusetts. As such, we are subject to the laws of Massachusetts, which will govern this Terms of Use Agreement, without regard to conflict of law rules. If you access our site from other locations, you agree to do so subject to Massachusetts law.

Compliance with Laws

Members are responsible for compliance with all applicable local, state, national, and international laws. Members may not use the Service in any way that violates laws or regulations.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.kwikncleancarwash.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Botnets

www.kwikncleancarwash.com retains the right, at our sole discretion, to terminate accounts involved with botnets or related activities. If hostnames are used as command and control points, www.kwikncleancarwash.com reserves the right to redirect such hostnames.

Other Terms

If any provision of this Terms of Use Agreement is unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable. This Agreement may be assigned by www.kwikncleancarwash.com in the event of a merger or acquisition. By accepting this Agreement, you consent to the practices described in our Privacy Policy.