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Terms & Conditions

TERMS OF USE

Last Updated and Effective Date: November 1, 2023

INTRODUCTION AND ACCEPTANCE

Autocare Network, LLC and its subsidiaries and affiliated entities ("Company", "we", "us" and "our") offers you ("You" or "User") access to its interactive online websites, applications, and services. This End User Agreement ("Agreement"), together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our AUTOCARE App, as accessed on any device (the "Application").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR APPLICATION. BY USING OR DOWNLOADING THE APPLICATION, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN "AMENDMENT; ADDITIONAL TERMS" SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR APPLICATION AND DELETE IT FROM YOUR DEVICE.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS INCLUDING, WITHOUT LIMITATION, WAIVERS OF RIGHTS, LIMITATIONS OF LIABILITY, AND YOUR INDEMNITY TO US. THESE TERMS OF USE ALSO REQUIRE THAT YOU USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS, JURY TRIALS, OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

INTELLECTUAL PROPERTY

Our Application and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Application and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Application are owned by us, our licensors, our affiliates, or identified third parties (collectively, the "Service Content"). Except for the limited use rights expressly granted to you in these Terms of Use, you shall not acquire any right, title, or interest in our Application or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

ACCESS AND USE

We may offer certain portions of our Application services at no charge and others for a one-time fee, on a subscription basis or single purchase basis or under any other lawful pricing structure. In all instances, our services are not being sold to you; rather, you are being granted a limited license to use our Application, as described in this Section. The license to use any of our services is specific to your user account and may be accessed across operating systems and/or different equipment (e.g., mobile devices, computers, etc.).

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Application for your personal, non-commercial use on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement and any additional terms.

Third-Party Terms:

IN CERTAIN INSTANCES, YOUR USE OF OUR APPLICATION OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY PRIVACY OR OTHER TERMS, SUCH AS TERMS IMPOSED BY A CAR DEALERSHIP OR CAR WASH IN THE NETWORK ON THE USE OF THEIR SERVICES. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.

App Store. Without limiting the foregoing, you acknowledge and agree that the availability of our Application and related services are dependent on the third-party from whom you received the Application license, e.g., the Apple Store, Google Play, or other App stores ("App Store"). You acknowledge that these Terms of Use are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for its services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use our Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Application. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

Payment Processing. To the extent that the User makes any payment through the App, we utilize the services of Stripe, Inc. ("Processor"), a payment service provider, to process credit card payment transactions and manage routing of customer information through credit card networks. We are not affiliated with Processor and expressly disclaim responsibility and liability for services provided by Processor; accordingly, you hereby agree that Company shall not be responsible for loss or injury as a result of your use of Processor. Your use of Processor to process payments is subject to https://stripe.com/legal/ssa, which you agree to when you do any of the following: (1) agree to these Terms of Use; (2) register an Account; or (3) make or solicit a payment through our Application.

Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content. You acknowledge that Company reserves the right to discontinue the Application, in whole or in part, at any time. When using our Application, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Application or Service Content;
  • circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict any type of access or the use of or copying of any software or other Service Content;
  • use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Application or Service Content for any purpose without our express written permission. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases;
  • collect or harvest any personally identifiable information or non-personally identifiable information from our Application including, without limitation, usernames, passwords, or email addresses;
  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • attempt to or interfere with the proper working of our Application or impair, overburden, or disable the same;
  • decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Application;
  • use network-monitoring software to determine architecture of or extract usage data from our Application;
  • encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's Account);
  • violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  • engage in any conduct that restricts or inhibits any other user from using or enjoying our Application.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

You understand and agree that your use of the Application and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Application and Service Content.

Updates. Company may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the Internet either: (i) the Application will automatically download and install all available Updates; or (2) you may receive notice of or be prompted to download and install available Updates; or (3) we may publish updates to the appropriate app store without notification to you.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

USER REGISTRATION & PROMOTIONAL MESSAGES

In order to access or use our Application, you have to become a registered user. If you are under the age of MAJORITY IN YOUR JURISDICTION, then you are not permitted to register as a user, sign up for any promotional messages (see below), or otherwise PROVIDE US ANY personal information.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a password (an "Account"). We assign you a username based on your email address. You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us immediately if you become aware of any breach of security or unauthorized use of your Account.

Visiting, loading, or running the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text message and/or the Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Promotional Messages. Our Application may include sending you promotional e-mails/newsletters and/or text/SMS messages. These are typically recurring message programs that, upon registration to our Application, result in messages being automatically sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register to our Application which includes the providing of certain information about you (e.g., full name, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.

Emails/Newsletters. You may opt-out of receiving our e-mails/newsletters as set forth in our Privacy Policy as set out below, or by using the options included in the communication we send you (e.g., using the "Unsubscribe" feature provided in the footer of our emails).

Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service ("Message Service"): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, "Message and Data Rates May Apply"; which means that, depending on your service plan with your wireless services carrier, you may be charged message and/or data charges by your wireless carrier for each message; (2) by enrolling to our Application, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of majority, that you have the permission of the account holder/person responsible for any such charges; (3) depending on your settings and preferences, we may send you up to eight (8) messages per month through our Message Service; (4) you may opt-out of receiving messages from us as set forth in our Privacy Policy, or by texting "STOP" as a reply to any of our messages; (5) if you have any questions about our Message Service or need assistance, you may text "HELP" as a reply to any of our messages; (6) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; and (7) we do not guarantee or warrant that you will receive all or any of our messages.

THIRD-PARTY LINKS

Our Application may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

PRIVACY POLICY

See our Privacy Policy at www.autocarenetwork.com/privacy.

INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the "Company Parties") from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Application, including your procurement of car wash services or car dealership services through the Application; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR APPLICATION IS AT YOUR SOLE RISK. OUR APPLICATION AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (I) WARRANTIES THAT OUR APPLICATION WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR APPLICATION OR SERVICE CONTENT; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES FOR APPLICATION OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR APPLICATION; (V) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR APPLICATION; (VI) WARRANTIES THAT YOUR USE OF OUR APPLICATION WILL BE SECURE OR UNINTERRUPTED; AND (VII) WARRANTIES THAT ERRORS IN OUR APPLICATION OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR APPLICATION OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR APPLICATION INCLUDING, WITHOUT LIMITATION, SERVICE CONTENT IS TO STOP USING OUR APPLICATION. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR APPLICATION OR ANY LINKS PLACED IN OUR APPLICATION, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR APPLICATION OR ANY LINKS PLACED IN OUR APPLICATION. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR APPLICATION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED BY US WITH RESPECT TO CAR WASH PLANS AND CAR WASH VOUCHERS FURNISHED TO YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR APPLICATION OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your use of our Application for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or any third party for any termination or suspension of your Account or for blocking your use of our Application.

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under "Miscellaneous."

COPYRIGHT POLICY

We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

GOVERNING LAW; VENUE

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. To the extent any action or proceeding is brought in aid of arbitration, including without limitation, seeking interim or injunctive relief, such action should be brought exclusively in the Supreme Court of the State of New York, County of Nassau (and to the extent that such court does not have jurisdiction, United States District Court for the Eastern District of New York).

DISPUTE RESOLUTION & MANDATORY ARBITRATION

(A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at legal@autocarenetwork.com. We will contact you based on the contact information you have provided us.

(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitration shall be heard in front of a single arbitrator that shall be a former judge or a litigator having at least twenty years of experience (the "Arbitrator"). The Arbitrator is bound by the terms of this Agreement.

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ยงยง 1-16. Any award by the Arbitrator may be entered as a judgment in any court having jurisdiction.

(E) Exception to Arbitration. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Company, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply, and the class-wide dispute must be brought in court.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

AMENDMENT; ADDITIONAL TERMS

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Application or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Application generally, unique of our Application, or both ("Additional Terms"). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Application, notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Application following any modification of these Terms of Use, or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Application and, if applicable, terminate your Account.

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal meaning.

Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if required and permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, or for any other purpose set forth herein, please contact us at:

Autocare Network
375 N. Broadway, Suite 104B
Jericho, NY 11753
(516) 597-4391
info@autocarenetwork.com