FLASH CAR WASH TERMS OF SERVICE

Last updated: 10/28/2025

Please read these Terms of Service (the “Agreement”) carefully because they are a binding agreement between you and Balise Car Wash Inc. dba Flash Car Wash (“Flash Car Wash,” “we,” “us,” or “our”) and apply to your use of our website at https://flashcarwashes.com/ (the “Website”) and all of its sub-domains, and any other websites that we link to this Agreement, and any customer portal we make available through the Website (the “Portal”). The Website and the Portal, together with our related services and social media pages, are collectively referred to as our “Services.”

By visiting, accessing, and/or using our Services (including making a purchase and/or providing Flash Car Wash with your information, such as a telephone number), you automatically agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 18 years of age.

This Agreement does not modify the terms of any separate agreement(s) or term(s) that you have entered into or may enter into with Flash Car Wash. Your access to, and use of, the Services may be subject to additional notices or additional terms and conditions in addition to this Agreement (“Additional Terms”). In the event that any Additional Terms apply to the Services, such Additional Terms will be made available to you through the Services and/or provided separately by Flash Car Wash. If there is any conflict or inconsistency between the Additional Terms and this Agreement with respect to the Services, then the Additional Terms shall control in relation to the impacted part of the Services.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND FLASH CAR WASH ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.

Changes to Agreement

We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the updated Agreement, you must discontinue using the Services.

Privacy

Please refer to our Privacy Policy (the “Privacy Policy“) available at https://flashcarwashes.com/privacy-policy/ for information regarding how we collect, use, and disclose information about you in connection with your use of our Services, and regarding how others collect, use, and disclose information about you. The terms and conditions of our Privacy Policy are incorporated into this Agreement.

Terms of Access and Use

Subject to your compliance with this Agreement and all applicable laws, Flash Car Wash grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Website, Portal, Apps and other Services (as applicable), together with Flash Car Wash Content, in accordance with the terms and conditions of this Agreement and any separate written agreement with Flash Car Wash providing for additional terms and conditions applicable to your relationship with Flash Car Wash.

Flash Car Wash Accounts

Account Creation. You must have an account in order to access our Portal. We may offer different types of accounts depending on how you are using the Services (each, a “Flash Car Wash Account”).

When you create a Flash Car Wash Account, Flash Car Wash requires you to provide certain account information (“Account Information”). You must provide true, accurate, current and complete Account Information and you agree to update your Account Information in order to ensure that it remains current. Flash Car Wash reserves the right to reject your registration without explanation.

Account Security. You are responsible for all activity that occurs under your Flash Car Wash Account, including any activity by unauthorized users. You may not allow others to use your Flash Car Wash Account, and you agree to maintain the security and confidentiality of passwords and other credentials (as well as any communications transmitting such credentials to you) associated with your Flash Car Wash Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Flash Car Wash Account or the Services in general, please notify us as soon as possible at
info@flashcarwash.biz.

Modification to Services

Flash Car Wash may, at any time and for any reason, change, update or discontinue Services, or any part thereof, with or without notice. Flash Car Wash will not be liable to you or to any third party for any modification, suspension or discontinuance of Services as permitted herein.

Conduct and Usage Guidelines

The rights granted to you under this Agreement are subject to the following conduct and usage guidelines concerning your use of the Services:

  • You will not copy, reproduce, distribute, transmit, republish, post, or publicly display the Services without Flash Car Wash’s prior written consent;
  • You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
  • You will not access or use the Services to build a similar or competitive service or application;
  • You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
  • You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;
  • You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
  • You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding or spamming;
  • You will not transmit any “junk mail”, “chain letter” or “spam” or any other similar solicitation using the Services;
  • You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services;
  • You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
  • You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
  • You will not use the Services other than for their intended purposes; and
  • You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.

You are solely responsible for complying with all laws, rules and regulations applicable to you when you use the Services. You agree to comply with the above conduct and usage guidelines and agree not to assist or permit any person to engage in any conduct that does not comply with these guidelines. Any use of the Services in violation of this Agreement is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages.

Transactions & Payments

Flash Car Wash may offer you access to certain features or services via the Services on a paid basis (“Paid Services”), which may be one-time purchases or automatically renewing membership services, including any membership to any Paid Services (“Memberships”). We may make changes to, suspend, or discontinue Paid Services in accordance with applicable law, and we may determine which Services or portions thereof are subject to fees or payment in accordance with applicable law.

You agree to pay all applicable fees for Paid Services including, without limitation, any monthly fees, user fees, and any other fees, charges, or costs that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes that you incur. Flash Car Wash will facilitate your payment of Fees using a third-party payment processor as described in more detail in our Privacy Policy.

You authorize us to charge your designated payment method for Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Services may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Paid Services. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. Individual discounts may not be combined or stacked with any other discount. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.

Memberships

Certain Paid Services are membership-based purchases, to which the following terms apply:

Your Membership term (“Membership Term(s)”), as described in the course of purchasing the Paid Services, will automatically renew for additional Membership Terms until your Membership is cancelled by you, or suspended or terminated by us. Unless otherwise indicated by us, your designated payment method will be charged each month on the anniversary date of your plan purchase for the Membership fee plus any applicable taxes and other charges; in the event that a month does not include the anniversary date of your purchase (e.g., your purchase was made on the 31st day of a month and the next month is shorter), you will be charged on the last day of the month. The renewal will occur at the price then in effect for the applicable Paid Services.

You may cancel your Membership at any time; please note that it may take up to one business day (business days exclude Saturdays and Sundays) to process your cancellation. You can cancel your membership and automatic payment by using the following link www.flashcarwashes.com, by emailing us at info@flashcarwash.biz, by calling us at 833-941-8360, by visiting one of our physical locations, or by logging into your account and navigating to the “Manage My Membership” section. Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Membership Term. In the event you cancel your Membership, note that we may still send you promotional communications, unless you opt out of receiving those communications.

When you cancel a Membership, you cancel only future charges for your Membership. You will not receive a refund for the current Membership Term you paid for, but you will continue to have full access to that Membership until the end of that current Membership Term. We may, solely in our sole and absolute discretion, at any time and for any reason, provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

From time to time, we may offer free trials of certain Memberships for specified periods of time without payment. Prior to starting a free trial we will notify you of the applicable Membership Fees that will be charged at the expiration of your free trial. Unless you cancel your Membership prior to the end of your free trial by taking the steps outlined above, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring monthly basis for your Membership fee, plus any applicable taxes and other charges, for as long as your Membership continues. You must cancel your Membership before the end of your free trial period to avoid any charges. Instructions for canceling your Membership are described above.

Your payment information will be processed and stored through a third-party payment processor. If you are a user or purchaser of any Paid Services, you must maintain at least one valid payment method for payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly basis and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method you provide each month on the anniversary date of your plan purchase.

We reserve the right to change the Fees for our Paid Services, or any features or parts of our Paid Services, in accordance with applicable law. In the event of such a change, we will provide notice to you via the email address associated with your account, in your “Manage My Membership” page, and onsite at physical locations. Your continued use of the Services indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.

Content and Data

  • Flash Car Wash Content. Except for User Data and Third Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, designs, photographs, audio, video, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “Flash Car Wash Content“), as well as their selection and arrangement, and all intellectual property and other rights relating to Flash Car Wash Content, as between you and Flash Car Wash, are solely and exclusively owned by Flash Car Wash. You will not delete or alter any copyright, trademark or other proprietary rights notices from Flash Car Wash Content.
  • User Data. You grant to Flash Car Wash a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) provided by you while accessing the Services (“User Data”) to the extent necessary for Flash Car Wash to operate the Services, its business and/or to facilitate interactions or transactions with you. You acknowledge that Flash Car Wash exercises no control whatsoever over the content of the User Data and it is your sole responsibility, at your own expense, to enable access to or provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Flash Car Wash is under no obligation, however, to review User Data for accuracy, potential liability or for any other reason. We reserve the right to use, not use, or discontinue using any User Data in our sole discretion at any time, subject to the terms of our Privacy Policy. FLASH CAR WASH DOES NOT ENDORSE ANY USER DATA SUBMITTED THROUGH THE SERVICES, AND FLASH CAR WASH HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER DATA SUBMITTED THROUGH THE SERVICES OR FOR ANY RESULTS CAUSED BY USING SUCH USER CONTENT.
  • Third Party Content. The Services may contain proprietary information and materials licensed or provided to Flash Car Wash by third parties in connection with Flash Car Wash’s provision of the Services and/or other business purposes (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto.

No Reliance

Any reliance you place on the Services, User Data, Flash Car Wash Content and/or Third-Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials.

All statements and/or opinions expressed in the Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Flash Car Wash. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimers

THE SERVICES, FLASH CAR WASH CONTENT AND THIRD-PARTY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. FLASH CAR WASH DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, FLASH CAR WASH CONTENT AND THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.

FLASH CAR WASH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN THE SERVICES. FLASH CAR WASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.

FLASH CAR WASH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY DATA, INFORMATION, ADVICE, IDEAS, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES. FLASH CAR WASH DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SERVICES.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE SERVICES.

Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.

Social Media

When we make available certain social media features through Facebook, X, Instagram, LinkedIn or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Flash Car Wash.

Links to Other Sites

Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.

Ownership

Flash Car Wash and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Website, Portal, App, and other Services, Flash Car Wash Content, and Third-Party Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Portal, other Services, Flash Car Wash Content or Third-Party Content. Flash Car Wash reserves all rights not expressly granted in this Agreement.

All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Flash Car Wash and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Flash Car Wash, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

Your Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at info@flashcarwash.biz.

You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Flash Car Wash will treat any Feedback you provide to us as non-confidential and non-proprietary.

Consent to Electronic Notice

If you provide your email address to Flash Car Wash through the Services, or by e-mailing Flash Car Wash directly, you agree that Flash Car Wash may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Flash Car Wash sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.

Communications Related to Services – Consent to Receive Calls and Text Messages

By providing your telephone number to Flash Car Wash, you are providing prior express written consent to receive calls and messages sent by Flash Car Wash, and sent on Flash Car Wash’s behalf, including through the use of automatic telephone dialing systems, automated dialing systems, automatic dialing systems, automatic-dialing-announcing devices, artificial or prerecorded voices, recorded message devices, soundboard technology, voice communications, telephone systems, over-the-top messaging systems, text/SMS/MMS messaging, and media messaging, to the phone number you provided, for informational purposes, for transactional purposes, about your account, purchases, transactions, and for telemarketing and advertising purposes, even if your telephone number is currently listed on any state, federal, local or corporate Do Not Call list. By providing your telephone number you also consent to receive calls and text messages at any time, including before the hours of 8 a.m. and after 9 p.m. (local time at your location). Frequency of messages may vary, and message and data rates may apply. You can opt-out at any time, including by sending “STOP” in response to a text message, by emailing us at hello@flashcarwash.biz, or calling us at 833-941-8360. You are not required to consent as a condition of purchasing any property, goods, or services.

Limitation of Liability

IN NO EVENT SHALL FLASH CAR WASH OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN FLASH CAR WASH CONTENT, THIRD PARTY CONTENT OR USER DATA INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLASH CAR WASH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.

General Release

You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Services. To the maximum extent permitted by applicable law, you hereby release the Flash Car Wash Parties (as defined below) from any and all responsibility and liability for the foregoing.

YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Flash Car Wash Parties pertaining to the subject matter of this section.

Indemnification By You

Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Flash Car Wash and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Flash Car Wash Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys’ fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your User Data, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iv) your violation of any third party right, including without limitation any copyright, property or privacy right, or (v) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.

For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.

Term, Suspension and Termination

This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Flash Car Wash for the duration of the suspension or indefinitely following termination.

DISPUTE RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER

Initial Dispute Resolution Procedure

Notice of Dispute, Requirement to Attempt to Resolve Disputes Informally

By visiting the Website, using the Services, providing Flash Car Wash with your information (including telephone number), and/or making a purchase you and Flash Car Wash agree that if there is any controversy, claim, action, proceeding, demand, or dispute arising out of or related to your visit to the Website, use of the Services, any purchase, any communications (including calls or text messages), or the breach, enforcement, interpretation (including the determination of the scope or applicability of this Agreement’s arbitration provisions), or validity of this Agreement or any part (hereinafter “Dispute”), both you and we shall first try in good faith to resolve such Dispute informally by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) calendar days in which to respond to or resolve the Dispute. Notice shall be sent to us at ATTN: Flash Car Wash Management, 1441 Main Street, Suite 300, Springfield, MA 01103, and to you at the address or email we have on file for you. Both you and Flash Car Wash agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. This notice and informal resolution requirement will not apply to the extent it is prohibited by law.

Arbitration Clause & Class Action Waiver – Applicable to the Full Extent Permitted by Law

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE INITIAL DISPUTE RESOLUTION PROCEDURE, WE BOTH AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

Arbitration

This means that if you and we have a Dispute that is not resolved in the informal process described in the section above, we both agree to resolve it through arbitration with the American Arbitration Association. Arbitration means that a neutral third party will hear both sides and make a decision. This is different from a court trial, where a judge or jury hears the case in a formal court setting and makes a decision. We both agree not to sue each other in court. 

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will be before a single arbitrator and the arbitrator’s decision will be final and binding on both of us.

The arbitration will be held pursuant to the rules of the American Arbitration Association – Consumer Arbitration Rules (if you are a business, the American Arbitration Association – Commercial Arbitration Rules will apply instead) (as applicable, the “Rules”). You can access a copy of the Rules at: www.adr.org/rules. The Rules provide the steps required to start an arbitration case. 

This arbitration agreement does not apply to Disputes that you or we bring against the other party that are within the jurisdiction of small claims court. If the amount in controversy of a Dispute in small claims court exceeds the jurisdiction of the small claims court, that Dispute will be subject to this arbitration agreement. 

Class Action Waiver

We both agree that any Dispute will be handled individually. This means that you or we cannot join together with other people who have a similar problem to bring a single case against the other party. You also cannot be part of a class action lawsuit (or class action arbitration) against us, and we cannot be a part of a class action lawsuit (or class action arbitration) against you.

By using our Services, making any purchase, providing Flash Car Wash with your information (including telephone number), and/or visiting our Website, you agree to this arbitration agreement and class action waiver. If you do not agree, please do not use our Services, provide us with your information, make any purchases, or visit our Website.

How to Reject This Section

You may reject this “DISPUTE RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER” section of the Agreement. To reject this section, you must send us notice within 30 days of the action by which you entered into the Agreement. The notice must include your name, address, email, telephone number, and license plate (if applicable), and must be mailed to 1441 Main Street, Suite 300, Springfield, MA 01103. This is the only way you can reject this section.

If any part of this arbitration agreement and/or class action waiver is found to be invalid or cannot be enforced, the rest of the arbitration agreement and class action waiver will still apply. The arbitrator will decide if any part is invalid or cannot be enforced.

Force Majeure

You agree that Flash Car Wash is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, communications disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Governing Law and Venue

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

General Terms

This Agreement, together with the Privacy Policy, any Additional Terms, and any separate written agreements between you and Flash Car Wash, constitute the sole agreements between you and Flash Car Wash for your use of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Flash Car Wash without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

Contact Information

If you have any questions about the Services, or this Agreement, please contact us at info@flashcarwash.biz.