Online Purchase Account Terms

Online Purchase Terms

Version 101422

PURPOSE

MCW GC, LLC (“MCW”) offers for sale online retail car wash services available at the nationwide network of Mister Car Wash® locations operated by affiliates of MCW (collectively, “Mister Car Wash”). The online sales are offered through the Mister Car Wash® website (“Site”) owned by Car Wash Partners, Inc. (“CWP”), an affiliate of MCW. Mister Car Wash® is the registered trademark of CWP.

These Terms & Conditions (“Terms”) govern your online purchase through the Site from MCW of retail car wash services represented by a corresponding one-time QR or bar code sent to you via email or text following your purchase (each, a “prepaid wash pass” or “pass”). Mister Car Wash also offers for sale through the Site Unlimited Wash Club® (“UWC”) memberships; your enrollment and membership to the UWC is subject to the UWC Membership Plan Terms.

OVERVIEW

If you purchase through the Site retail car wash services, you will be required to submit certain personally identifiable information to MCW and our service providers. The collection, use, disclosure, and other processing of your personally identifiable information is subject to our Privacy Notice incorporated herein. Please review our Privacy Notice to understand our practices.

As used in these Terms, the “service” or the “services” means the car wash services provided to your vehicle by Mister upon redemption of your pass.

By providing Mister Car Wash a Payment Method (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, do not make a purchase, and do not use the services.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site.  By making an online purchase or using the services 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 SECTION 5 TO RESOLVE ANY DISPUTES REGARDING THE SITE, YOUR ONLINE PURCHASE OF RETAIL CAR WASH SERVICES OR THE REDEMPTION OF PURCHASED PASSES (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Purchase and Redemption 

Car Wash Options. We offer for sale online retail car wash services at the service levels described on the Site with each sale represented by a pre-paid wash pass.  Passes can be redeemed (see Redemption below) at any Mister Car Wash® location offering the purchased car wash service level.  Not all passes may be redeemed at all locations as certain locations may not offer the service level purchased online.  Please confirm with a Mister Car Wash® location that they offer the service level you purchased before you redeem your pass.

Purchase. Each pass purchased will entitle you to a single car wash at the service level purchased.

No Expiration. The passes do not expire. If the price of a service level increases in the future, the pass will still be redeemable for a service level at least equivalent to the service level offered at the time of purchase. Prepaid wash passes may, however, be subject to cancellation as set forth in Section 2 below.

Redemption. To redeem a pass and obtain your purchased car wash service, visit any Mister Car Wash® location that offers the service level purchased and present the corresponding one-time QR or bar code sent to you via email or text following your purchase (each, a “prepaid wash pass” or “pass”), at the payment kiosk or to the attendant. You can use the “Members Only” lane in addition to the “Self Service” lane to redeem your pass.

Personal Use Only. The prepaid wash passes are for your personal, non-commercial vehicle only. Commercial vehicles, including ride-sharing vehicles, taxis and limousines, are not eligible for prepaid wash passes. If you have a commercial vehicle, please contact BusinessAccounts@mistercarwash.com for information about a business account. Resale or transfer of your prepaid wash pass is expressly prohibited.

2. Billing and Cancellation

Charges. The cost of each prepaid wash pass, and any other charges you may incur in connection with purchases, such as applicable taxes, will be charged to your Payment Method (defined below). Taxes will be calculated based on the city of the closest Mister Car Wash location at the time of purchase.  The purchase price for each prepaid wash pass is fully earned by MCW upon completion of your online purchase and the purchase price amount will be collected, processed and charged at that time, regardless of whether or when you redeem your pass.   The charges will appear as “Mister Car Wash” on your Payment Method receipt.

Payment Methods.  You must provide a Payment Method to make a purchase. “Payment Method” means a current, valid, accepted debit or credit card or ACH authorization (if available).  If you also elect to open an online Mister® account, you may elect to store your Payment Method, which you may update in your online Mister® account from time to time as further set forth below. You authorize us to charge or debit the current Payment Method provided or otherwise associated to your online Mister® account. If the credit or debit card data that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your Payment Method is declined by your financial institution.  When you purchase a prepaid wash 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.

Updating Your Payment Method. If you elect to set up an online Mister® account, you can update your Payment Method by adding and/or deleting payment methods to your online Mister® account. 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 that you have selected in your online Mister® account settings for future purchases.

Changes to the Services or Price. Mister Car Wash reserves the right to change car wash service levels or adjust future pricing for prepaid wash passes sold in any manner and at any time as Mister Car Wash may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes for passes or changes to the services will take effect immediately after posting at www.mistercarwash.com. If the price of a service level increases in the future, each previously purchased pass will still be redeemable for a service level at least equivalent to the prepaid wash pass purchased.

Refunds. Purchases for prepaid wash passes are not refundable except as required by applicable law, in which case refunds may be requested at any Mister Car Wash® location or via Customer Care at the number set forth below.  Any available refund will be made to your Payment Method in MCW’s sole discretion and in accordance with applicable law. At any time, and for any reason, Mister Car Wash may provide a refund, discount, or other consideration to account holders (“credits”). The amount and form of such credits, and the decision to provide them, are at Mister Car Wash’s 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 Mister Car Wash to provide credits in the future, under any circumstance.

3. MCW Account

Your Account. You may purchase passes as a “guest” or you may elect to set up an online Mister® account.  You must be 18 years of age to register an online Mister® account or purchase prepaid wash passes. Individuals under the age of 18 must use the online Mister® 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 online Mister® account, you warrant that you have that person’s permission to provide us with that information. The person who creates the online Mister® account and whose Payment Method is charged has access and control over such account and is responsible for any activity that occurs through such account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your online Mister® account. We can terminate your online Mister® account or place your account on hold in order to protect you or us from identity theft or other fraudulent activity. We are not obligated to credit or discount a customer for holds placed on the online Mister® account by either a representative of MCW or by the automated processes of MCW.

Communication Preferences. We will send you information relating to your purchases and online Mister® account (e.g. payment authorizations, invoices, changes in 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 online Mister® account or your UWC membership plan so that we may contact you. To add your email or phone number to your account, contact us as provided below. See Mister Car Wash Privacy Notice.

Text Messages.  We may send  by automated means transactional communication texts. related to your registration and 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. MCW will not be liable for any delays in the receipt of any text messages. 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 26379, the number that appears in your transactional communication texts, or to 737-637-3463, 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 Mister Car Wash Privacy Notice.

We will only send you marketing text messages with your prior express written consent as further set forth in our Privacy Notice. Consent to receive such messages is not a condition of making any purchase. For more information on text messages and the data obtained from you via text message, please see the Mister Car Wash Privacy Notice.

Restrictions on Site and Passes. You agree to use the Site in accordance with all applicable laws, rules and regulations. You warrant that all data you provide to us in connection with your access to and use of the Site and any purchases is true, accurate, and complete.  You will not access, use, or copy any portion of the Site, 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 Site or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the Site inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of the Mister Parties, as defined below. We may cancel your prepaid wash passes if you violate these Terms or are engaged in illegal or fraudulent use of the Site, online Mister® account, or prepaid passes.

Interruption in Services. The services offered at each Mister Car Wash location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, or governmental order.

Closing your Account.  You may close your online Mister® account at any time.  If you close your account, you may still use passes purchased under your online Mister® account via the QR code you received via email or text.  To close your online Mister account submit a request through our help center.

Mobile Device Lost or Stolen. If your mobile device containing the pre-paid pass is lost or stolen or your email is compromised, you acknowledge that we are not responsible for third party access to or use of prepaid wash passes or access to your online Mister® account.

Transferring Account to a New Phone Number. To transfer your online Mister® account to a new phone number, to your online Mister account and update your phone number in the profile section.

4. Disclaimers of Warranties and Limitations on Liability

THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER MCW NOR MISTER GUARANTEES, REPRESENTS, OR WARRANTS THAT ALL CAR WASHES OR FEATURES WILL BE AVAILABLE AT ALL MISTER CAR WASH® LOCATIONS.

NEITHER MCW NOR MISTER CAR WASH REPRESENTS THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE. WITHOUT LIMITING THE GENERALITY BELOW, MCW, ON BEHALF OF ITSELF AND MISTER CAR WASH SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE 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)

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CAR WASH PARTNERS, INC., OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“MISTER PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE AN UWC 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 MISTER PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MISTER 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 UWC 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.

Indemnification.

You will indemnify, defend, and hold harmless the Mister 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 UWC, 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.

OR

You will indemnify, defend, and hold harmless the Mister 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 Site or the passes, (b) your breach of these Terms, including but not limited to misuse of the services or the redemption of the passes, or (c) your fraud. MCW reserves, and you grant to MCW , the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Third-Party Websites. The Site may be accessed by websites and other technology infrastructure not maintained or controlled by MCW.  Neither MCW nor Mister is responsible for any such third-party websites or technology outside of its control.

5. Arbitration Agreement, Waiver of Trial by Jury and Waiver of Class Action

Applicability of Arbitration Agreement. Any dispute, claim or controversy of any nature arising out of or relating in any way to the use of the Site, the services, these Terms, or this 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 MCW, CWP, and to any of their 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.

Disputes Excluded from Arbitration. Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or MCW 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 MCW’s or its licensor’s intellectual property or other proprietary rights, MCW 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.

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 otherwise may be required by law.

Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable 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 Pima County, Arizona, 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 Arizona shall apply without regard to conflict of laws provisions.

Survival; Severability. This Arbitration Agreement provision will survive the termination of these Terms.  Except as set forth in the Section titled 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 MCW.

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.

Class Action Waiver. YOU AND MCW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER (OR IN THE CASE OF MCW, THE MISTER PARTIES) 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 MCW 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.

6. Miscellaneous

Governing Law, Forum Selection, and Jury Waiver.  These Terms are governed by the laws of the state of Arizona, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Pima County, Arizona, with respect to any dispute arising under these Terms unless otherwise determined by MCW in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Each prepaid wash pass is considered a “gift card” for all purposes of Arizona Revised Statutes § 44-7401, et seq.

Feedback. Mister 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 Mister Car Wash 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 UWC. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

Customer Support. To find more information about the Site and its features, or if you need assistance with your account, please go to go online mistercarwash.com, visit any Mister Car Wash location, email help@mistercarwash.com, or call 866-254-3229.

Changes to Terms. Mister 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 UWC members, such revisions shall, unless otherwise stated, be effective no sooner than the 31st day following the date such change is posted on the Mister Car Wash website mistercarwash.com.

Intellectual Property Rights. You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the same, including without limitation any name, logo, symbol, device or brand without MCW’s prior written consent. 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, including without limitation the look and feel of the Site, are exclusively the property of MCW or its licensors and are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of intellectual property in the Site belonging to MCW or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

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 Mister Car Wash, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Notice, are the entire agreement between you and Mister Car Wash with respect to the Site and purchase via the Site. Mister 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 Mister 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 Mister 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 use of the Site and purchase via the Site. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us. Please contact us by telephone at 866-254-3229, by email at help@mistercarwash.com, or by mail at 222 E. 5^th St., Tucson, AZ 85705.