PLEASE READ THESE MEMBERSHIP PLAN TERMS (“TERMS”) CAREFULLY. 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 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Pumphouse® #5, LC and Pumphouse® #6, LC, and their affiliates listed on Exhibit A doing business as Pumphouse® Express Car Washes (collectively “Pumphouse® Car Washes,” “us”, or “we”), offers the Unlimited Wash Membership that allows customers to subscribe for a membership plan specifying a level of car wash services at our network of car wash locations. Services at Pumphouse® Car Washes locations may vary. The recurring monthly fee depends on the membership plan purchased for each vehicle.
These Terms govern your purchase of and membership in the and use of the services offered through the membership plan.
TERMS
When you create a digital account (“Account”) at the Pumphouse® Car Washes website (www.pumphousecarwashes.com, the “Website”) and/or purchase a membership plan, we need to collect identifying information about you and your vehicle.
As used in these Terms, the “service” or the “services” means the car wash services provided to the identified vehicle by Pumphouse® Car Washes under your purchased membership plan.
By providing Pumphouse® Car Washes a Payment Method (as 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, cancel your membership plan as outlined in Section 2.6 “Cancelation by You; Reactivation”, and do not use the services.
Membership Plans and Fees
1.1 Services
We offer one or more of the following membership plans depending on location: generally, Pumphouse® Shine, Ultimate, Premium, and Basic. We reserve the right to change our membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to membership plans or any increase to membership fees will take effect thirty (30) days after being posted at the impacted Pumphouse® Car Washes locations, on the Website, or otherwise communicated to you. The services offered at each Pumphouse® Car Washes location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders, or other force majeure events. A currently paid membership plan allows unlimited services for the Member Vehicle with the purchased plan at any Pumphouse® Car Washes location that provides such plan. We reserve the right to limit daily car washes upon appropriate notice to you.
1.2 Auto-Renewal
The membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method”) to Pumphouse® Car Washes and your acceptance of these Terms. A link to these Terms will be included with your purchase receipt for future reference or is available on the Pumphouse® Car Washes website. YOUR PAYMENT METHOD WILL NOT BE CHARGED UNTIL AFTER YOU AGREE TO THESE TERMS. YOUR MEMBERSHIP PLAN WILL AUTOMATICALLY RENEW MONTHLY, SUCH THAT YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU RETAIN THE RIGHT WITHOUT ADDITIONAL COST OR PENALTY TO TERMINATE THE MEMBERSHIP PLAN IF YOU CANCEL IN A TIMELY MANNER AS DESCRIBED BELOW. You authorize Pumphouse® Car Washes or its agent to charge your credit card account for the amount of the monthly membership fee.
1.3 Single Vehicle Use Only
Each purchased membership plan is for a single vehicle only (the “Member Vehicle”). Resale or transfer of your membership plan or the associated RFID sticker (if any) to another vehicle or person is expressly prohibited.
1.4 License Plate Reader
Once a membership is purchased, the license plate number of the Member Vehicle will be associated with your Payment Method, and you will access the services via a license plate reader located at the entrance to the Pumphouse® Express Car Wash location.
1.5 RFID Sticker
If the Member vehicle does not have a front-facing license plate, or the license plate reader otherwise cannot read the license plate of the Member Vehicle, you will be issued a radio frequency identification (RFID) sticker to be attached to your vehicle’s front windshield. The RFID sticker will be specific to your membership plan and the Member Vehicle. The RFID sticker must be affixed to the vehicle’s windshield each time services are obtained. You agree not to tamper with, copy, or share a vehicle’s RFID sticker. Damaged tags should be reported to Pumphouse® Car Washes immediately. Any attempt to remove RFID tag will damage it and prevent it from operating. The membership plan number and the RFID sticker remain the property of Pumphouse® Car Washes.
1.6 Vehicle Sold
If a Member Vehicle identified with a membership plan is sold, your Payment Method will continue to be charged until you deactivate your membership plan as to that vehicle. Please deactivate or transfer your membership plan before selling your vehicle.
1.7 Vehicle Stolen
If a Member Vehicle identified with a membership plan is lost or stolen, you must promptly deactivate the vehicle’s membership plan; if you fail to do so, others may access the car wash service through your membership plan and may be able to access certain membership plan information, and your Payment Method will continue to be charged or debited. To deactivate, visit the Website, visit any Pumphouse® Express Car Washes location, or call (830) 741-4485.
1.8 Discounted Introductory Period
If a discounted introductory or promotional offer period is available under the membership plan purchased, then it will be specified at the time of purchase. The introductory or promotional offer period is intended to allow new and certain former members to try the services. As a result, the availability, duration, and any other terms for the introductory or promotional offer period may vary as determined by Pumphouse® Car Washes at its sole discretion. At the expiration of any discounted introductory or promotional offer period, we will charge the then-current regular price for your chosen plan on your next billing cycle to your Payment Method and your membership will automatically renew at such then-current regular price unless you cancel your membership prior to the end of the discounted introductory or promotional offer period, as set forth below. In the event that we determine that you are not eligible for the introductory or promotional discount, we reserve the right to revoke your discounted introductory or period and charge you the then-current regular price for the plan you selected and/or put your membership plan on hold or inactive status.
Purchase, Billing, Cancelation, and Refunds
2.1 How to Purchase
To purchase a membership plan, visit any Pumphouse® Express Car Washes car wash location or visit the Website. Your membership plan is active at the time of purchase, whether in person or through the Website.
2.2 Payment Processing
To purchase a membership plan, you must provide a Payment Method. You authorize us to charge or debit the current Payment Method for your membership plan(s) fees, which will be automatically charged or debited on a monthly basis. If a payment is not successfully settled due to your Payment Method’s expiration, insufficient funds, or otherwise, and you do not cancel your membership plan, we may suspend your access to the service until we have successfully charged or debited a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees; check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution. When you purchase a membership 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. If your membership plan is suspended due to issues with your Payment Method, you may receive a communication (either via email or text) from Pumphouse® Car Washes notifying you of the same.
2.3 Automatic Billing Cycle
The fee for the membership plan you purchase, and any other charges you may incur in connection with your membership plan, such as taxes and possible transaction fees, will be charged or debited monthly to your Payment Method on the day of month on which you signed up for the plan. However, if a membership is purchased on the 29th, 30th, or 31st of the month, the renewal date will automatically be set to the 28th. Fees are fully earned upon payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled.
2.4 Updating Your Payment Method
To update your Payment Method, visit the Website, visit any Pumphouse® Express Car Washes location, or call (830) 741-4485. 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 for each membership plan associated with that Payment Method.
2.5 Cancelation by You; Reactivation
YOU MUST CANCEL A MEMBERSHIP PLAN AT LEAST 5 DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE APPLICABLE FEE FOR THE NEXT MONTHLY BILLING CYCLE. The Member Vehicle identified with the canceled membership plan will continue to have access to the car wash services through the end of its current billing period. To cancel, visit the Website, visit any Pumphouse® Express Car Washes location, or call (830) 741-4485. To cancel over the phone, you may be asked to provide identifying information, including, but not limited to, your last name, last four digits of your Payment Method, or phone number. Canceling a membership plan does not delete your Account (if created). Your Account (if created) will continue to be available for your use, and you will continue to get communications based on your selected communication preferences. Canceled membership plan(s) may be reactivated by visiting the Website, visiting any Pumphouse® Express Car Washes location, or calling (830) 741-4485.
2.6 No Refunds
Paid membership plan fees are nonrefundable and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all of our members are at our sole and absolute discretion, in accordance with applicable law.
Digital Account and Membership Plan
3.1 Account
You can create an Account by visiting the Website. The person who creates an Account and then uses that account to link to or purchase a membership plan must have the authority to charge the Payment Method associated with the membership plan. 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 or purchase a membership plan. 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.
3.2 Membership Plan
You can purchase a membership plan by visiting the Website (where you will be asked to create an Account subject to the provisions of Section 3.1 above) or any Pumphouse® Car Washes location. The person purchasing a membership plan must have the authority to charge the Payment Method associated with such membership plan and have access and control over the vehicle associated with the membership plan; that person also is responsible for any activity that results in charges or debits to the Payment Method for that membership plan and for updating and maintaining the accuracy of the information associated with the membership plan. You must be 18 years of age to purchase a membership plan. Individuals under the age of 18 must use the membership plan of their parent or legal guardian.
3.3 Updating Your Information
You can provide or change your email address, mobile telephone number, and Payment Method, change your membership plan, and cancel your membership plan otherwise update your information by accessing your Account, visit the Website, visiting any Pumphouse® Express Car Washes location, or calling (830) 741-4485.
3.4 Communication Preferences
We will send you information relating to your Account or membership plan (e.g., payment authorizations, invoices, changes in password or 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 Account or your membership plan so that we may contact you.
3.5 Text Messages
We may send by automated means transactional communication texts related to your Account and/or your membership plan 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. Pumphouse® Car Washes will not be liable for any delays in the receipt of any text communications. 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 the number that appears in your transactional communication texts, 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.
3.6 Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Pumphouse® Car Washes.
Pumphouse® Car Washes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Pumphouse® Car Washes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
3.7 Compliance with Law; Termination by Pumphouse® Car Washes
You and anyone for whom you purchase a membership plan agree to use the membership plan(s) in accordance with all applicable laws, rules, and regulations. We may cancel your membership plan(s) if you, or anyone associated with your membership plan(s) violates applicable law, rules, or regulations, or these Terms. To the maximum extent permitted by applicable law, Pumphouse® Car Washes may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account, any purchased membership plan(s) and use of the services, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account or membership plan(s), you may not create another Account or purchase another membership plan without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account and/or membership plan or Acquired Brand Plan to protect you or Pumphouse® Car Washes from identity theft or other fraudulent activity. Except as required by applicable law, Pumphouse® Car Washes is not obligated to credit or discount your membership plan for any such refusals, suspensions, deactivations, or terminations.
Disclaimers of Warranties and Limitations on Liability
4.1 No Warranty
THE MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). PUMPHOUSE® CAR WASHES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
4.2 Damage Disclaimer
PUMPHOUSE® CAR WASHES DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). THE PHYSICAL WASH PARAMETERS ARE AS FOLLOWS:
Maximum clearance height is 7 feet (84 inches).
Maximum tire width is 14 inches.
Minimum ground clearance for a vehicle is 5 inches.
Maximum vehicle width (outside tire to outside tire) is 73 inches.
WITHOUT LIMITING THE GENERALITY OF SECTION 4.3 BELOW, PUMPHOUSE® CAR WASHES SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) 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)
• Windshields
Trailer hitches
Mud flaps
Toolboxes
Grill guards
Tow mirrors
Spoilers
Custom tires/rims
Custom lights and light bars
Pin Striping, graphics, painted plastics, repaints
Previous bodywork, preexisting or unforeseen vehicle conditions or defects
Vehicles over 2 years old
THE WASH CANNOT ACCOMODATE, AND YOU ASSUME THE RISK OF DAMAGING, ANY OF THE FOLLOWING:
Pickup bed cages, ladder racks, cargo carriers, hunting cages
Rear luggage, wheelchair racks or trailer hitches over 6 inches long
Excessively dirty, muddy vehicles
Loose objects or debris in a pickup bed
“Dually” Axles
Loose or damaged body panels, parts & bumpers
Cars with significant rust damage.
4.3 Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PUMPHOUSE® CAR WASHES OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“PUMPHOUSE® PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE A 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 THE PUMPHOUSE® PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE PUMPHOUSE® 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 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.
4.4 Indemnification
You will indemnify, defend, and hold harmless the Pumphouse® Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorney’s fees) that arise out of or in connection with (a) your misuse of the membership plan, 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.
Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action
5.1 Applicability of Arbitration Agreement
Any dispute, claim, or controversy of any nature arising out of or relating in any way to your Account, any purchased membership plan, the services, these Terms, or the 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 Pumphouse® Car Washes, 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. 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.
5.2 Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Pumphouse® Car Washes 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 Pumphouse® Car Washes’ or its licensor’s intellectual property or other proprietary rights, Pumphouse® Car Washes 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.
5.3 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 as otherwise may be required by law.
5.4 Arbitrator
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 attorney’s fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
5.5 Place and Governing Law
The place of arbitration shall be in Bexar County, Texas, 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 Texas shall apply without regard to conflict-of-laws provisions.
5.6 Survival; Severability
This Arbitration Agreement provision will survive the termination of these Terms. Except as set forth in Section 5.8 (“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 Pumphouse® Car Washes.
5.7 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.
5.8 Class Action Waiver
YOU AND PUMPHOUSE® CAR WASHES 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 Pumphouse® Car Washes 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.
5.9 Initiating Arbitration
If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail, to Pumphouse® Car Washes, PO Box 468, Hondo, TX 78861, Attn: General Counsel. If Pumphouse® Car Washes intends to seek arbitration, Pumphouse® Car Washes will send a Notice to the email address, current billing address, or mobile telephone number in your Account or associated with your membership plan. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Pumphouse® Car Washes at P.O. Box 468, Hondo, TX 78861, Attn: General Counsel. Pumphouse® Car Washes will send such copy to the email address, current billing address, or mobile telephone number in your Account or associated with your membership plan or to your attorney, if you have retained one.
For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; Pumphouse® Car Washes will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes asserted by Pumphouse® Car Washes, Pumphouse® Car Washes will pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.
Miscellaneous
6.1 Governing Law, Forum Selection, and Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms, your Account, or the membership plan shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of Texas without regard to choice-of-law principles or conflict-of-laws provisions.
Unless you and Pumphouse® Car Washes agree otherwise, if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the Western District of Texas, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Western District of Texas for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Texas located in Medina County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Pumphouse® Car Washes both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
6.2 Feedback
Pumphouse® Car Washes 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 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 membership plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.3 Customer Support
To find more information about and its features, or if you need assistance with your membership plan, visit the Website, visit any Pumphouse® Express Car Washes location, or call (830) 741-4485.
6.4 Changes to Terms
Pumphouse® Car Washes 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 members, such revisions shall, unless otherwise stated, be effective no sooner than the 31st day following the date such change is posted on the Website.
6.5 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 Pumphouse® Car Washes, except that our affiliates are third-party beneficiaries of these Terms. These Terms are the entire agreement between you and Pumphouse® Car Washes with respect to your membership plan. Pumphouse® Car Washes’ 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 Pumphouse® Car Washes. 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 Pumphouse® Car Washes. 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 membership plan.
Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
6.6 California Users
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
