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TERMS OF USE

Route 73 Express Car Wash, LLC, Doing Business as “Premier Shine” Car Wash
Web Site Terms of Use

These Terms apply to anyone accessing or using the Website and related online services-www.premiershinecarwash.com


By using the Website, you agree that you have read and understand these Terms and our Route 73 Express Car Wash LLC Privacy Notice. If you do not agree with these Terms or our Privacy Notice, do not access or use the Website. We may modify these terms at any time. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Website after changes are posted, you agree to those changes.


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 THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE THROUGH ARBITRATION, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT, WITH VENUE LIMITED TO CAMDEN COUNTY, NEW JERSEY.

“TERMS”:

Privacy Notice. We collect certain data when you use the Website. We will treat such data as described in our Route 73 Express Car Wash, LLC Privacy Notice, which is incorporated into these Terms. Our Privacy Notice describes our data collection, use, and sharing practices.


License; Term. Provided you comply with these Terms, Route 73 Express Car Wash, LLC grants you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Website solely for your own internal purposes as permitted by these Terms (“License”). The term of the License (“Term”) begins upon your first access to or use of the Website and will continue in effect until terminated in accordance with these Terms.


Intellectual Property Rights. The “Website” includes all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Website is exclusively the property of Route 73 Express Car Wash, LLC and/or its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Website or related intellectual property belonging to Route 73 Express Car Wash, LLC or any third party is strictly prohibited. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.


Product and Service Availability. All offers on the Website are void where prohibited by law. Advertised prices and services may change at any time without giving notice to you. Some products and services may not be available in certain areas. The data contained on the Website maycontain technical inaccuracies or typographical errors or omissions. All purchases placed through the Website are subject to these Terms.


Digital Account. You can create a digital account (“Account”) by visiting the Website. 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. 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. The Website may allow you to make purchases from Route 73 Express Car Wash, LLC for car wash services. Any such purchases are subject to the Terms and Conditions for individual washes and/or services, or subscription wash club terms.


Compliance with Law & Termination. You agree to use the Website and your Account in accordance with all applicable laws, rules, and regulations. We may cancel your License and/or Account at our sole discretion if you violate applicable law, rules, or regulations, or these Terms.


Restrictions on Your Use of the Website. No one may copy, reproduce, modify, reverse-engineer, decompile, disassemble, alter, or otherwise tamper with any software (including source code), databases, and other technology of the Website or any portion of the Website (or authorize, encourage, or assist any other person to do so) for any personal or business use. You will not access, use, or copy any portion of the Website, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You will not post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Website or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the Website inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of Route 73 Express Car Wash, LLC, including “Parties” as defined in the Limitation of Liability section herein. You will not use the Website in a way which infringes or violates the intellectual property rights of any third party or restricts or inhibits anyone else’s use or enjoyment of the Website. You will not attempt to penetrate, circumvent, or overcome any security measures or technological protection measures intended to restrict access to any portion of the Website or its content. Route 73 Express Car Wash, LLC does not grant access by websites nor other technology infrastructure not maintained or controlled by Route 73 Express Car Wash, LLC .


No Warranty. THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER ROUTE 73 EXPRESS CAR WASH, LLC NOR ITS MEMBERS, EMPLOYESS, AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE WEBSITE. ROUTE 73 EXPRESS CAR WASH, LLC DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE. ROUTE 73 EXPRESS CAR WASH, LLC DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ROUTE 73 EXPRESS CAR WASH, LLC IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE WEBSITE.


BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).


Limitation of Liability. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ROUTE 73 EXPRESS CAR WASH, LLC OR ITSAFFILIATES OR SUBSIDIARIES OR ANY OF THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (collectively with Route 73 Express Car Wash, LLC, “PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU 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 PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL PARTIES’ LIABILITY TO YOU EXCEED $100.00 IN THE AGGREGATE, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION OF THE LICENSE . 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.


Indemnification. You will indemnify, defend, and hold harmless Route 73 Express Wash, LLC and its directors, owners, employees, managers, and related 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 access to or use of the Website, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Website, (c) your order of products and services through the Website, or (d) your breach of 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. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ROUTE 73 EXPRESS CAR WASH, LLC WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ROUTE 73 EXPRESS CAR WASH, LLC AND LIMIT THE MANNER IN WHICH YOU CAN SEE RELIEF. 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.


Place and Governing Law. The place of arbitration shall be in Camden County, New Jersey, 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 New Jersey shall apply.


Changes to Terms. Route 73 Express Car Wash LLC 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 on the date such change is posted on the Website.


Contact Us. Route 73 Express Car Wash, LLC. Attention: Web Master Officer 17 Lexington Drive Marlton NJ 08053-3849

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