Terms Of Service
Version 0529.2
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PURPOSE
These Website Terms of Service govern access to and use of this website and related online services (“Website”), made available by Jet Stream Express Car Wash (“Jet Stream,” “we,” “us,” or “our”).
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SCOPE
These Terms apply to anyone accessing or using the Website and related online services.
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OVERVIEW
By using the Website, you agree that you have read and understand these Terms and our Jet Stream Express Car Wash 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, and 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 include 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 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 Website. We will treat such data as described in our Jet Stream Express Car Wash Privacy Notice, which is incorporated into these Terms. Our Privacy Notice details our data collection, use, and sharing practices.
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SMS Communications and Opt-Out
By providing your phone number, you may receive SMS messages from Jet Stream Express Car Wash for account updates, promotions, or service notifications. To opt out of SMS messages at any time, reply “STOP” to any message you receive. You may also contact us at info@jetstreamcarwash.com or (281) 507-2224 to opt out. Please allow up to 48 hours for your opt-out request to be processed.
License; Term
Provided you comply with these Terms, Jet Stream grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Website solely for your own internal purposes as permitted by these Terms. These Terms begin upon your first access to or use of the Website and will continue in effect until terminated in accordance with these Terms.
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Intellectual Property Rights
The “Website” includes all text, audio, video, graphics, 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 Jet Stream Express Car Wash 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 Jet Stream 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.
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Product and Service Availability
All offers on the Website are void where prohibited by law. Advertised prices and services may change without notice. Some products and services may not be available in certain areas. The data on the Website may contain technical inaccuracies, typographical errors, or omissions. All purchases placed through the Website are subject to these Terms.
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Jet Stream Digital Account
You can create a Jet Stream 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 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 18 must use the Account of their parent or legal guardian, under such person’s Account, and 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.
Purchases
The Website may allow you to make purchases from Jet Stream Express Car Wash for car wash services. Any such purchases are subject to the Jet Stream Express Car Wash Online Single Wash Purchase Terms and Conditions. Subscriptions for an Unlimited membership plan are subject to the Jet Stream Express Car Wash Unlimited Membership Plan Terms.
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Compliance with Law; Termination by Jet Stream
You agree to use the Website and your Account in accordance with all applicable laws, rules, and regulations. We may cancel your Account if you violate applicable law, rules, regulations, or these Terms. To the maximum extent permitted by applicable law, Jet Stream may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account and use of the Website, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account, you may not create another Account without our prior written permission. We may suspend, deactivate, or terminate your Account to protect you or Jet Stream from identity theft or other fraudulent activity. Except as required by applicable law, Jet Stream is not obligated to you for any such refusals, suspensions, deactivations, or terminations.
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Restrictions on Your Use of the Website
You agree not to use the Website in any way except as expressly permitted by these Terms and 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 Website and any purchases is true, accurate, and complete. You will not copy, reproduce, modify, reverse-engineer, decompile, disassemble, alter, or tamper with any software (including source code), databases, or other technology of the Website (or authorize, encourage, or assist any other person to do so). You will not access, use, or copy any portion of the Website, including its content, through indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices. You will not post, transmit, upload, or provide any data or material containing viruses, worms, Trojan horses, malware, ransomware, or other harmful code that may disable, damage, impair, or interfere with the Website or any computers, hardware, software, systems, data, or networks. You will not engage in activities designed to render the Website inoperable, make its use more difficult, or adversely impact the business interests or reputation of the Jet Stream Parties (as defined below). You will not use the Website in a way that infringes or violates the intellectual property rights of any third party or restricts others’ use or enjoyment of the Website. You will not attempt to penetrate, circumvent, or overcome any security or technological protection measures intended to restrict access to any portion of the Website or its content.
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Third-Party Websites
The Website may be accessed by websites and technology infrastructure not maintained or controlled by Jet Stream. Jet Stream is not responsible for any such third-party websites or technology outside of its control.
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Linking to the Website
If you operate a website and wish to link to the Website: (a) the link must be a text-only link and clearly marked; (b) the link must be in connection with a website of appropriate subject matter; (c) the link must not damage or dilute the goodwill associated with Jet Stream’s names and trademarks; (d) the link must not create the false appearance that any program, person, or entity is associated with or sponsored by Jet Stream; and (e) the link, when activated, must display the Website full-screen and not within a frame. Jet Stream 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.
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No Warranty
THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER JET STREAM NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE WEBSITE. JET STREAM DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE. JET STREAM DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS. JET STREAM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS ON THE WEBSITE.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JET STREAM 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. JET STREAM HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM JET STREAM OR THE WEBSITE CREATES ANY WARRANTY.
WE MAKE NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS OR USE THE WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA FROM DOWNLOADS, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
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CERTAIN JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL JET STREAM EXPRESS CAR WASH OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“JET STREAM PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT JET STREAM 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 REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL JET STREAM PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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Indemnification
You will indemnify, defend, and hold harmless Jet Stream Parties from and against all losses, claims, liabilities, demands, actions, damages, judgments, fines, penalties, expenses, and costs (including 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 content downloaded 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.
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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 JET STREAM 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 CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH JET STREAM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
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Applicability of Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to the use of the Website, your Account, these Terms, or the Arbitration Agreement (collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, non-class basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Jet Stream, and to any of our subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION, BUT THEY CHOOSE AND AGREE TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. This agreement to arbitrate does not limit a party’s right to seek public injunctive relief, where warranted, in such arbitration.
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Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Jet Stream 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 claim for relief. In the event of any actual, alleged, or threatened violation of confidentiality or Jet Stream’s intellectual property or proprietary rights, Jet Stream may immediately resort to court proceedings in a court of competent jurisdiction as set forth below to seek immediate injunctive relief without posting a bond, proof of damages, or other requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit other claims to arbitration.
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Confidential Proceedings
The parties agree that any actions taken under the Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as agreed in writing by all parties or as required by law.
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Arbitrator
The arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The arbitrator’s decision 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. Arbitration proceedings 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 Montgomery County, Texas, unless otherwise agreed in writing by all parties. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., as amended (the “FAA”), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law applies, the laws of the State of Texas shall apply without regard to conflict-of-laws provisions.
Survival; Severability
This Arbitration Agreement will survive the termination of these Terms. Except as set forth in the Class Action Waiver section below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be restated to reflect the original intentions of the parties in accordance with applicable law, and the remaining terms 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 Jet Stream.
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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 law expressly prohibits shortening the limitations period or enforcement contradicts fundamental public policy; otherwise, the Dispute is permanently barred.
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Class Action Waiver
YOU AND JET STREAM 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. Unless both you and Jet Stream agree otherwise, the arbitrator may not consolidate multiple claims or 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, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
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Initiating Arbitration
If you intend to seek arbitration, you must first send a written notice (“Notice”) by certified mail to Jet Stream Express Car Wash, 660 N FM 3083 Rd W, Conroe, TX 77303, Attn: General Manager. If Jet Stream intends to seek arbitration, we will send a Notice to the email address, billing address, or phone number in your Account. 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 receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Jet Stream at 660 N FM 3083 Rd W, Conroe, TX 77303, Attn: General Manager. Jet Stream will send such copy to the email address, billing address, or phone number in your Account or to your attorney, if you have retained one.
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Changes to Terms
Jet Stream may change these Terms from time to time. Revisions extend only to claims arising after the change date, apply equally to claims by either party, and are effective immediately upon posting to the Website.
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Miscellaneous
We may assign our rights and delegate our duties under these Terms at any time 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 attempt is void. These Terms, including our Privacy Notice, are the entire agreement between you and Jet Stream with respect to your use of the Website. Jet Stream’s failure to enforce any provision of these Terms will not constitute a waiver of that provision. Any waiver of a provision will be effective only if in writing and signed by Jet Stream. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect interpretation. These Terms inure to the benefit of Jet Stream’s successors and assigns. Any provisions intended to survive termination (e.g., indemnification, limitation of liability, dispute resolution) will continue in effect. Please save a copy of all documentation for your reference.
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Feedback
Jet Stream is free to use any comments, information, ideas, reviews, or techniques contained in any communication you send us (“Feedback”), including responses to questionnaires or postings on the Website, worldwide and in perpetuity without compensation, acknowledgment, or payment to you for any purpose, including developing, manufacturing, and marketing products and improving the Website. You agree not to enforce any “moral rights” in the Feedback, to the extent permitted by applicable law.
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Texas Users
Under Texas Business and Commerce Code Section 17.50, Texas users of the Website receive the following consumer rights notice: If you have a complaint, you may contact the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, or by telephone at 1-800-803-9202.
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Contact Us
Please contact us by telephone at (936) 697-6945, by email at info@jetstreamcarwash.com, or by mail at 660 N FM 3083 Rd W, Conroe, TX 77303.