Terms of Service
These Website Terms of Service govern access to and use of this website and related online services (“Website”), made available by Shiny Shell Car Wash and its subsidiaries and affiliates (“Shiny Shell Car Wash,” “Shiny Shell,” “we,” “us,” or “our”).
These Terms apply to anyone accessing or using the Website and related online services.
By using the Website, you agree that you have read and understand these Terms and our Shiny Shell 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. All changes will be effective immediately upon posting to the Website. Material changes will be conspicuously posted on the Website or otherwise communicated to you. By using the Website after changes are posted, you agree to those changes.
These Terms contain an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
We collect certain data when you use the Website. We will treat such data as described in our Shiny Shell Car Wash Privacy Notice, which is incorporated into these Terms. Our Privacy Notice describes our data collection, use, and sharing practices.
Provided you comply with these Terms, Shiny Shell Car Wash 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.
Intellectual Property Rights
The “Website” includes all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Website is exclusively the property of Shiny Shell 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 Shiny Shell Car Wash or any third party is strictly prohibited. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Product and Service Availability
All offers on the Website are void where prohibited by law. Advertised prices and services may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Website may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Website are subject to these Terms.
Shiny Shell® Digital Account
You can create a Shiny Shell® digital account (“Account”) by visiting the Website. The person who has access and control over the Account will be responsible for any activity that occurs through the Account and also for updating and maintaining the accuracy of the information in the Account. You must be 18 years of age to create an Account. Individuals under the age of 18 must use the Account of their parent or legal guardian, under such person’s Account, and otherwise subject to these Terms. If you submit the personal information of any person other than yourself in setting up an Account, you warrant that you have that person’s permission to provide us with that information.
The Website may allow you to make purchases from Shiny Shell Car Wash for car wash services. Any such purchases are subject to the Shiny Shell Car Wash Online Single Wash Purchase Terms and Conditions. Subscriptions for an Unlimited Wash Club® membership plan are subject to the Unlimited Wash Club® Membership Plan Terms.
Compliance with Law; Termination by Shiny Shell Car Wash
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, or regulations, or these Terms. To the maximum extent permitted by applicable law, Shiny Shell Car Wash 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, at our discretion, suspend, deactivate, or terminate your Account to protect you or Shiny Shell Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Shiny Shell Car Wash is not obligated to you for any such refusals, suspensions, deactivations, or terminations.
Restrictions on Your Use of the Website
You agree not to use the Website in any way except as expressly permitted by these Terms. You agree to use the Website 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 otherwise tamper with any software (including source code), databases, and other technology of the Website or any portion of the Website (or authorize, encourage, or assist any other person to do so). You will not access, use, or copy any portion of the Website, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You will not post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Website or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the Website inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of the Shiny Shell Parties, as defined below. You will not use the Website in a way which infringes or violates the intellectual property rights of any third party or restricts or inhibits anyone else’s use or enjoyment of the Website. You will not attempt to penetrate, circumvent, or overcome any security measures or technological protection measures intended to restrict access to any portion of the Website or its content.
The Website may be accessed by websites and other technology infrastructure not maintained or controlled by Shiny Shell Car Wash. Shiny Shell Car Wash is not responsible for any such third-party websites or technology outside of its control.
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 Shiny Shell Car Wash’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 Shiny Shell Car Wash; and (e) the link, when activated by a user, must display the Website full-screen and not within a frame. Shiny Shell Car Wash 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.
THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER SHINY SHELL CAR WASH NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE WEBSITE. SHINY SHELL CAR WASH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE. SHINY SHELL CAR WASH 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. SHINY SHELL CAR WASH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHINY SHELL CAR WASH 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. SHINY SHELL CAR WASH 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 SHINY SHELL CAR WASH 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 EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SHINY SHELL CAR WASH, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“SHINY SHELL PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SHINY SHELL PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SHINY SHELL PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION 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.
You will indemnify, defend, and hold harmless Shiny Shell 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.
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 SHINY SHELL 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 SHINY SHELL CAR WASH 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, your Account, 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 Shiny Shell Car Wash, 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.
Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Shiny Shell Car Wash 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 Shiny Shell Car Wash’s or its licensor’s intellectual property or other proprietary rights, Shiny Shell Car Wash 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.
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 otherwise may be required by law.
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.
Place and Governing Law
The place of arbitration shall be in Salt Lake City, Utah, 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 Utah shall apply without regard to conflict-of-laws provisions.
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 Shiny Shell Car Wash.
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 SHINY SHELL CAR WASH 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 Shiny Shell Car Wash 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.
If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail to Shiny Shell Car Wash, 3135 Richmond St., Salt Lake City, UT 84106, Attn: General Counsel. If Shiny Shell Car Wash intends to seek arbitration, Shiny Shell Car Wash will send a Notice to the email address, current billing address, or cell 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 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 Shiny Shell Car Wash at 3135 Richmond St., Salt Lake City, UT 84106, Attn: General Counsel. Shiny Shell Car Wash will send such copy to the email address, current billing address, or cell phone number in your Account 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; Shiny Shell Car Wash 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 asserted by you in an amount exceeding $50,000 (US Dollars), the payment of all Arbitration Fees will be governed by the AAA rules.
The arbitration will be held in the county where you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Shiny Shell Car Wash may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Shiny Shell Car Wash subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Shiny Shell Car Wash may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Shiny Shell Car Wash users, but is bound by rulings in prior arbitrations involving the same Shiny Shell Car Wash user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your rights and responsibilities as a customer terminate upon cancellation of your Shiny Shell® digital account and payment for all outstanding washes. Cancellation of your Account does not relieve you of any payment obligations that may have already accrued or that otherwise remain outstanding, and does not constitute a refund of any fees or other amounts paid by you. If your Account is cancelled, Shiny Shell Car Wash reserves the right to pursue any and all remedies available to it under the law.
For all questions about your Account or our online services, please contact our customer service team at firstname.lastname@example.org.
These Terms constitute the entire agreement between you and Shiny Shell Car Wash with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether oral or written, with respect to the Website.
Waiver and Severability
No waiver of by Shiny Shell Car Wash of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shiny Shell Car Wash to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
If you have any questions about these Terms or the Website, please contact Shiny Shell Car Wash at email@example.com.
Effective Date: March 1, 2023