Website Terms of Service

Terms of Service

Version 1103.1



PURPOSE

These Website Terms of Service govern access to and use of this website and related online services (“Website”), made available by Car Wash Partners, Inc. and its subsidiaries doing business as Mister Car Wash (“Mister,” “we,” “us,” or “our”).  



SCOPE

These terms of service apply to anyone accessing or using the Mister website and related online services.



OVERVIEW

By using the Services, you agree that you have read and understand these Terms and our Privacy Notice. If you do not agree with these Terms or our Privacy Notice, do not access or use the Services. We may modify these terms at any time. All changes will be effective immediately upon posting to the Services. Material changes will be conspicuously posted on the Services or otherwise communicated to you. By 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 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).



TERMS

Privacy Notice. We collect certain data when you use the Services. We will treat such data as described in our 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, Mister grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Services solely for your own internal purposes as permitted by these Terms. These Terms begin upon your first access to or use of the Services and will continue in effect until terminated in accordance with these Terms.

Intellectual Property Rights. The “Services” 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 Services are exclusively the property of Mister or its licensors. The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or related intellectual property belonging to Mister or any third party is strictly prohibited. The Services 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 Services are void where prohibited by law. Advertised prices and available quantities may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Services may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Site are subject to these Terms.

Purchases and Accounts.  The Website may allow you to make purchases from Mister for car wash services and otherwise register an account with Mister.  Any such purchases and accounts are subject to the Online Purchase Account Terms.  Purchases to enroll in the Unlimited Wash Club are further subject to the Unlimited Wash Club® Membership Plan Terms.   

Suspension, Deactivation, and Termination. To the maximum extent permitted by applicable law, Mister may, for any reason and in its sole discretion, suspend, deactivate, or terminate your use of the Website, without notice or liability. 

Compliance with Laws. When you use the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct. 

Restrictions on Your Use of the Website.  

• You may download and print one copy of the Website’ visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices. 
• 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 Website or any part of the Website without Mister’s prior written consent. 
• You will not use the Website for unlawful purposes. 
• You warrant that all data you provide to us in connection with your access to and use of the Website is true, accurate, and complete. 
• You will not submit inaccurate, incomplete, or out-of-date data via the Website, commit fraud or falsify data in connection with your use of the Website, or act maliciously against the business interests or reputation of Mister. 

• You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Website for purposes of creating or compiling that content for any purpose. 
• 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 use the Website to 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 or associated services inoperable or to make their use more difficult. 

Indemnification. You will indemnify, defend, and hold harmless 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 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 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. 

Third-Party Websites. The Website may link to, or be linked to, websites not maintained or controlled by Mister. Those links are provided as a convenience and Mister is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. 

Linking to the Website. If you operate a website and are interested in linking to the Website: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Mister’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Mister; and (e) the link, when activated by a user, must display the Website full-screen and not within a frame. Mister reserves the right to revoke consent to link to the Website at any time in its sole discretion, either by amending these Terms or through other notice. 

Feedback. Mister welcomes comments regarding the Website. If you submit comments or feedback to us regarding the Website, they will not be considered or treated as confidential. We may use any comments and feedback that you send us atin our discretion and without attribution or compensation to you. 

Disputes; Governing Law. 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 Mister in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Website must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply. 

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. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Mister, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Policy, are the entire agreement between you and Mister with respect to your access to and use of the Website. Mister’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. 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 Mister’s successors and assigns. 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 access to or use of the Website. These Terms and any other documentation, agreements, notices, or communications between you and Mister may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference. 

NO WARRANTY.  

The Website are provided “as is,” “as available,” and without any warranty of any kind. Neither Mister nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Website. Mister does not warrant or guarantee the quality, completeness, timeliness, or availability of the Website. Mister does not warrant or guarantee that the Website will be uninterrupted or error-free, that any defects in the Website will be corrected, or that the Website or the servers that make the Website available are free of viruses or other harmful conditions or components. Mister is not responsible for any typographical errors on the Website. 

To the maximum extent permitted by applicable law, Mister expressly disclaims all warranties of any kind with respect to the Website, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Mister has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Mister or in any manner from the Website creates any warranty.  

We make no representation that the Website are appropriate or available for use in locations other than the United States. If you choose to access or use the Website from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. 

Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred. 

Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you. 



LIMITATION OF LIABILITY.  

To the maximum extent permitted by applicable law, in no event will Mister, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Mister Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with any products or the Website or your access to or use of, or inability to access or use, the Website (including without limitation the input of personal and other data into the Website), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Mister Party has express knowledge of the possibility of the loss or damage. 

Your sole and exclusive remedy is to stop accessing and using the Website or to return the products. Without limiting the foregoing, in no event will Mister Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. 

ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION.  

These terms contain a binding arbitration provision. You agree that all disputes between you and Mister 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 mister and limit the manner in which you can see relief. 

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 website, 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 Mister, 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. 

Disputes Excluded from Arbitration. Disputes where the amount in controversy is less than US$10,000 and filed by you or Mister individually in a small claims court are not subject to arbitration, so long as the disputes remain in such 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 Mister’s or its licensor’s intellectual property or other proprietary rights, Mister’s 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 otherwise may be required by law.    

Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s 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 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, 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, the entire Arbitration Agreement shall be null and void.  No portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Mister. 

Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred. 

Class Action Waiver. YOU AND MISTER 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 Mister 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. 

Contact Us 

Please direct any questions and concerns regarding these Terms to us by email at media@mistercarwash.com, by telephone at 520-615-4000, or by mail at 222 E. 5th St. Tucson, AZ 85705.