TERMS AND CONDITIONS

Prices
Prices are subject to change at the discretion of carwashtext.com; all such changes will be reflected on www.carwashtext.com.

Payment terms
On-Demand bookings are charged upon confirmation of the services requested. carwashtext.com is a cashless service and may only process payment through a valid debit/credit card.

Any Card Declined will lead carwashtext.com to ask the customer to find a solution for the payment of the service provided. On-demand booking will not be confirmed if the customer’s Credit Card is declined.

Wash Terms
Once the customer has confirmed their wash, they must be home when the technician arrives. The customer will need to provide the car keys to the technician. If the customer is not home within 15 minutes of the agreed upon Estimated Time of Arrival (ETA), the wash will be canceled, and payment will not be refunded.

There will be times when no technicians are available through carwashtext.com. carwashtext.com will let the customer know that no technicians are available and will try to contact them the next day to schedule a wash.

Late Cancellation & Reschedule
After texting “GO” to confirm your booking you may cancel however you will not be refunded if canceled after 5 minutes from your confirmation text. If for any reason you made a mistake and need to cancel your booking within the 5-minute window, simply text “STOP” and your order will be canceled and refunded.

Satisfaction policy
If a user is not satisfied with a particular job, simply email support@carwashtext.com or call us. Please notify us within 48 hours following the job date.

Damages and Liability Issues
carwashtext.com is comprised of a network of independent contractors that are fully insured. In unique cases of liability or damage, carwashtext.com will aid in gathering information and mediating the process to best resolve any liability issues that occurred during servicing. carwashtext.com as a platform is not liable for any lost, stolen, or damaged items.

Rain Checks
As far as weather, unfortunately carwashtext.com can’t control natural elements and for that reason they do not offer any rain checks. Users should be sure to check the weather, prior to booking.

Appointment time
Due to traffic or exceptional circumstances, detailers may arrive up to 15 minutes late.

You may cancel/reschedule any appointment free of charge if a carwashtext.com detailer is later than 30 minutes without prior notice.

carwashtext.com shall do its best to let users know about any delay of delivery.

Coupon & Referral Policy
From time to time, carwashtext.com may offer a referral program which enables you to earn credits redeemable for carwashtext.com services by sharing a unique referral link provided to you by carwashtext.com (Referral Link) with your friends.

Note that combining credits & coupons is not possible.

To qualify for credits, the referred customer must be a new customer of carwashtext.com and use your Referral Link to sign up for the Services. You may not collect referrals by:

self-referring by using multiple or false names, identities, accounts or email addresses;
referring anyone who is an existing carwashtext.com customer, including an existing customer with an account under an alternate email address;
using spam or sending unsolicited emails to persons they don’t personally know to collect referrals, or otherwise violating any applicable law, rule, regulation or third party terms of use;
posting on message boards, public forums, coupon sites or other online venues;
permitting another individual to use the referring customer’s account;
referring fake people to carwashtext.com, impersonating another person, or otherwise providing carwashtext.com with false or misleading information;
using the Referral Link in any manner that is disparaging or that otherwise portrays carwashtext.com in a negative light; or
referring customers in violation of any other restriction we impose on participants in our referral program in our discretion upon prior notice.
If carwashtext.com determines in its sole discretion that there has been a violation of these terms, carwashtext.com reserves the right to cancel or rescind any accrued credits and/or determine that either or both the referred customer and referring customer are ineligible to participate in this or future offers. Referring customers may also be liable for civil and/or criminal penalties under applicable law. carwashtext.com reserves the right to void, verify or adjust credits at any time prior to or following posting and redemption.

These terms and conditions of use (Terms of Use or Terms) apply exclusively to the use of the mobile carwash booking service (the Service or Services) offered by carwashtext.com, Inc. an Eventure Productions, Inc. company (carwashtext.com) via its website www.carwashtext.com or via its texting service (the website and the texting service are a Portal and collectively, the Portals or) by a customer who may be a registered user of the Service or a guest (Customer or User or you).

Use of the Service (Use, Usage or Booking) is materialized by a User’s payment for the Service made through the Portals. Please read the following

carwashtext.com partners with independent contractors (“Technicians” or “Techs”) who will go to the customer’s homes to wash their cars.

Review the Terms of Use carefully before using the Service.

By using the Service, you agree to be irrevocably bound by these Terms of Use and by any another terms and conditions, or policy of carwashtext.com (including but not limited to its Terms of Sale and Privacy Policy), incorporated herein by reference and governing your use of the Service.

Persons who do not agree with these Terms should NOT use carwashtext.com.

User License

a. Scope.

carwashtext.com grants you permission (which may be revoked at any time for any reason or no reason) to view the Portals and to download, email, share via social networking or print individual pages from the Portals in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Portals, or otherwise exploit all or any portion of the Portals for any commercial purpose without carwashtext.com’s express written consent, except as specifically noted above. Except as specifically authorized by carwashtext.com, you may not deep-link to the Portals for any purpose or access the Portals manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Portals or any information, content, or material on the Portals. carwashtext.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Portals or any content contained therein, whether in whole or in part, without prior written consent from carwashtext.com. You may like or follow carwashtext.com or share links to the Portals via social networking technology referenced on the Portals. Any rights not expressly granted herein are reserved.

b. User Conduct.

You agree that your use of the Portals and/or Service on the Portals is subject to all applicable local, state and federal laws and regulations. You also agree:

to comply with US law and local laws or rules regarding online conduct and acceptable material;
not to use the Portals or their Service or submit content to the Portals if you are under the age of 16;
not to access the Portals or Service using a third-party’s account/registration without the express consent of the account holder;
not to use the Portals for illegal purposes;
not to commit any acts of infringement on the Portals or with respect to content on the Portals;
not to use the Portals to engage in commercial activities apart from the sanctioned use of the carwashtext.com Service;
not to copy any content, for republication in print or online;
not to attempt to gain unauthorized access to other computer systems from or through the Portals;
not to interfere with another person’s use and enjoyment of the Portals or another entity’s use and enjoyment of the Portals;
not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the Portals, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Portals or affiliated or linked sites (including those of our car wash partners).

d. Injunctive Relief.

In the event of a breach of any of the User’s obligations under these Terms of Use, the User acknowledges and agrees that damages will not be an adequate remedy. The User, therefore, agrees that carwashtext.com shall be entitled (without limitation of any other rights or remedies otherwise available to carwashtext.com and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdiction prohibiting the continuance or recurrence of any breach of these Terms of Use. The User further agrees that service upon the User in any such action or proceeding may be made by first class mail, certified or registered, to the User’s address as the last appearing on the records of carwashtext.com.

Portals Content

a. Disclaimer of Responsibility for Material.

Price, description, menu content, product/service availability and any other carwash information are subject to change without notice. carwashtext.com assumes no responsibility or liability for any errors or omissions in the content of the Portals.

b. Proprietary Rights.

You acknowledge and agree that the Portals contain proprietary information and content that is protected by intellectual property and other laws and may not be used except as provided in these Terms of Use without advance, written permission of carwashtext.com. All Portals design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Portals are reserved.

Termination and Modifications to the Portals

carwashtext.com may modify, suspend, discontinue or terminate, at its sole and absolute discretion at any time, with or without notice, in whole or in part, the Portals and/or Service offered on or through the Portals (or any part thereof), including but not limited to the Portals’ features, look and feel, and functional elements and related services. Notice of termination shall be provided to the User in the manner carwashtext.com deems reasonable.

Indemnification

The User agrees to indemnify and hold carwashtext.com an Eventure Productions Inc. company, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from all claims, demand, expense including reasonable attorneys’ fees, damage (whether direct, indirect, or consequential) and liabilities, made by anyone in connection with your use of the Portals, with any alleged infringement of intellectual property or other right of any person or entity relating to the Portals, your violation of these Terms of Use, and any other acts or omissions relating to the Portals.

DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY CARWASHTEXT.COM, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, BOOKING DETAILS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND”AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARWASHTEXT.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE SITES, YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY ASSOCIATED DAMAGES TO YOUR COMPUTER OR LOSS OF DATA

Limitation of Liability

EACH CARWASH AFFILIATE IS THE SUPPLIER OF THE SERVICES PRESENTED ON THE SITES AND EACH CARWASH AFFILIATES, AND NOT CARWASHTEXT.COM SHALL BE FULLY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW RELATED THERETO AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, AND LIABILITIES CAUSED BY OR ARISING IN RESPECT OF ANY SUCH SERVICES. YOU HEREBY RELEASE CARWASHTEXT.COM FROM ANY LIABILITY RELATED TO THE FOREGOING. ANY DISSATISFACTION A USER MAY HAVE WITH A CARWASH JOB MUST BE TREATED DIRECTLY WITH THE CARWASH AFFILIATE AND MAY NOT BE HELD AGAINST CARWASHTEXT.COM. CARWASHTEXT.COM SHALL NOT BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER ANY CLAIM, IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, (EVEN IF CARWASHTEXT.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CARWASHTEXT.COM WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ITS CARWASH AFFILIATES OR THIRD PARTY BUSINESSES. CARWASHTEXT.COM ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. CARWASHTEXT.COM ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITES, FOR ANY ERROR, DEFAMATION, LIBEL,SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CARWASHTEXT.COM AND ITS SERVICE PROVIDERS TOTAL LIABILITY FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO CARWASHTEXT.COM OR A CARWASH AFFILIATE WITH RESPECT TO SUCH CLAIM. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.YOU AND CARWASHTEXT.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND CARWASHTEXT.COM AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Your Account, Password, and Security

Use of the Portals Service requires that you register and/or create an account (“Account”) or use the Portals as a guest. To register and create an Account, you must select an account designation (your email address) and password and provide certain personal information including but not limited to your postal address, telephone number, and payment information. In consideration of the use of the Portals’ Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or carwashtext.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, carwashtext.com has the right to refuse any and all current or future use of the Portals (or any portion thereof).You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify carwashtext.com of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. carwashtext.com will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. As part of your registration, you will give us certain personal information, which will be used by us in accordance with our Privacy Policy. By agreeing to these Terms, you are also consenting to receive marketing and advertisement emails from us from time to time. You may opt-out of these messages by clicking the “unsubscribe” link at the bottom of each email. Your request will be treated within 48 hours.

Confidentiality Privacy Policy

In the performance of the services, carwashtext.com and its Car Wash Affiliates may have access to personal information pertaining to Users and which carwashtext.com wants to protect from disclosure.

carwashtext.com undertakes to hold all of personal information it receives from its Users in strict confidence and neither to disclose or release in any manner such personal information to any third party, nor to use such personal information with any third party, nor to use such personal information for any other purpose than the one for which User has disclosed same in accordance with its Privacy policy which is incorporated to these Terms of Use by reference.

Links

As a courtesy to you, the Portals may offer links to other websites. Some of these websites may be affiliated with carwashtext.com while others are not. carwashtext.com is not responsible for the contents of any website pages created and maintained by organizations independent of carwashtext.com. Visiting any such third-party website pages is at your own risk. carwashtext.com has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by carwashtext.com. By using the Portals, you acknowledge that carwashtext.com is responsible neither for the availability of, nor the content located on or through any third-party website pages.

Intellectual Property

carwashtext.com.com is a proprietary domain name of carwashtext.com. carwashtext.com is a trademark of carwashtext.com, Inc. You may not use or reproduce carwashtext.com’s name, trademarks, service marks or logos or other proprietary information of carwashtext.com without our express written consent. The Portals, including but not limited to its graphics, logos, page headers, icons and service names constitute the property of carwashtext.com and its affiliates. Other trademarks that appear on the Portals are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by carwashtext.com. Any images of persons or personalities contained on the Portals are not an indication or endorsement of carwashtext.com or any particular product unless otherwise indicated.

Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Portals and receipt or use of data, content, products and/or services through the Portals, the possibility of our review, and the possibility of publicity and promotion from our review.

Jurisdiction, Applicable Law, and Limitations

For any suit or proceeding to enforce the provisions of these Terms of Use, carwashtext.com and the User irrevocably consent to the exclusive jurisdiction of the federal (if applicable) or State Courts of the State of California, in the County of San Diego. Carwashtext.com and the User agree further that these Terms of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of California, excluding its conflicts-of-law rules. YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

Amendments to the Terms of Use

These Terms of Use may be amended from time to time by carwashtext.com, at its sole discretion. Any revised Terms of Use will appear at the top of the document with the mention “revised as of MM/DD/YYYY” on this page www.carwashtext.com/terms-of-use. If you do not agree to these Terms of Use at any time, you should not conduct any more transactions or participate in any other activity through the Portals. Your use of the Portals after any such changes indicates that you agree to such changes.

General

a. Enforceability.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to Terms contained herein.

b. Entire Agreement.

Except as expressly provided in a particular “Privacy Policy” posting or other notice on particular pages of the Portals, these Terms of Use, which hereby incorporate by reference the carwashtext.com’s Privacy Policy, constitute the entire agreement between you and carwashtext.com, superseding all prior agreements regarding the Portals.

c. No Waiver.

The failure of carwashtext.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, pandemics, fires, floods or other catastrophes.

d. Headings & Construction.

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

e. Contact carwashtext.com.

For purposes of providing notice of cancellation or termination, contact us at support@carwashtext.com