TERMS
AND CONDITIONS OF USE
General
Welcome to the Internet site of Super Wash, Inc. (“Super
Wash”) located at www.superwash.com (“Super Wash Website”).
Please carefully review these terms and conditions (referred to
herein as “Terms and Conditions of Use” or “Agreement”)
these Terms and Conditions of Use govern your use of and access
to the Super Wash Website. YOUR USE OF THE SUPER WASH
WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND
BE BOUND BY THIS AGREEMENT, AS MAY BE AMENDED OR SUPPLEMENTED
FROM TIME TO TIME BY SUPER WASH, IN ACCORDANCE WITH THIS AGREEMENT.
IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS
AND CONDITIONS OF USE AND ANY ADDITIONAL TERMS AND CONDITIONS
PROVIDED BY SUPER WASH, THE FOLLOWING ORDER OF PRECEDENCE SHALL
CONTROL: (A) TERMS AND CONDITIONS OF USE; AND (B) ANY ADDITIONAL
TERMS AND CONDITIONS PROVIDED BY SUPER WASH. IF YOU DO NOT AGREE
TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE
SUPER WASH WEBSITE. In addition to the Agreement, offers
or coupons made available on the Super Wash Website might be subject
to additional terms and conditions provided in conjunction with
the offer or coupon.
Modifications of This Agreement
Super Wash reserves the right to change, modify, amend and/or
update this Agreement at any time with or without prior notice
at the sole and absolute discretion of Super Wash. Your use of
the Super Wash Website following any such changes, modifications,
amendments and/or updates constitutes your unconditional agreement
to follow and be bound by this Agreement as so changed, modified,
amended and/or updated. You are responsible for reviewing this
Agreement each time you use or access the Super Wash Website.
Links
Super Wash is not affiliated or associated with the sponsors,
owners or producers of any websites that might be linked to or
from or accessed through a portal on the Super Wash Website. Such
websites are not under Super Wash’s control and Super Wash
explicitly disclaims any responsibility for the accuracy, content
or availability of the information products, and/or services found
on or through such websites. Super Wash does not endorse and has
not taken any steps to confirm the accuracy or reliability of
any of the information, products or services contained on or through
such websites. Super Wash does not make any representations or
warranties as to the security or use of any information (such
as credit card and other sensitive information) you might provide
on or through any such websites. Unless otherwise notified by
Super Wash, you may link your website to the home page of the
Super Wash Website, provided that you adhere to the following
linking policy: (a) any link to the Super Wash Website must be
a text only link and clearly marked "Super Wash," (b)
the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with Super
Wash’s names and trademarks, (c) the link must point to
the URL www.superwash.com and not to other pages within the Super
Wash Website, (d) the appearance, position and other attributes
of the link may not create the false appearance that your organization
or entity is sponsored by, affiliated with, or associated with
Super Wash, (e) when selected by a user, the link must display
the Super Wash Website as a full-screen and not within a "frame"
on the linking website, and (f) Super Wash reserves the right
to revoke its consent to the link at any time and in its sole
discretion. In the event Super Wash revokes its consent to the
link, you will promptly remove the link from your website and
cease all linking to the Super Wash Website.
Solely Intended for United States and Canadian Users
Unless otherwise explicitly specified on the Super Wash Website,
the information on the Super Wash Website is intended solely for
use and access by persons residing in the United States, its territories
and possessions, or Canada. In the event you do not reside in
the United States, its territories and possessions, or Canada,
do not use the Super Wash Website. Super Wash controls and operates
its Website from offices located in the United States and makes
no representations or warranties that the information, products
or services contained on the Super Wash Website is appropriate
for use or access or is available in other jurisdictions.
Use
The Super Wash Website and its content are intended solely for
commercial use, consistent with this Agreement. Unless otherwise
explicitly specified, all materials that are included in or are
otherwise a part of the Super Wash Website are copyrighted, patented,
trademarked and/or include other intellectual property, which
is owned, controlled or licensed by Super Wash. The compilation
(i.e., the collection, arrangement and assembly) of all materials
on the Super Wash Website is the exclusive property of Super Wash
and is protected by U.S. and international copyright laws. Except
as solely provided in the next sentence, no material from the
Super Wash Website may be copied, modified, reproduced, republished,
uploaded, posted, transmitted or distributed in any way. You may
download one copy of the materials on any single computer for
your personal use, provided that: (a) you keep intact all copyright
and other proprietary notices; (b) you do not use the materials
in a manner that suggests an association with any of our products,
services or brands; and (c) you make no modifications to the materials.
In addition, you agree not to: (i) use or access the Super Wash
Website for any purpose that is unlawful or prohibited by this
Agreement; (ii) use or access the Super Wash Website in a manner
that could damage, disable, overburden, or impair the server hosting
the Super Wash Website or the networks connected to any server
hosting the Super Wash Website; (iii) interfere with any third
party’s use and enjoyment of the Super Wash Website; or
(iv) attempt to gain unauthorized access to information, accounts,
computer systems or networks retained on or connected to any server
hosting the Super Wash Website through hacking, password mining
or any other means.
Disclaimer
THE SUPER WASH WEBSITE IS PROVIDED BY SUPER WASH ON AN “AS
IS” AND “AS AVAILABLE” BASIS. SUPER WASH MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SUPER WASH WEBSITE OR THE INFORMATION
INCLUDED ON SUCH WEBSITE. SUPER WASH DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND
FREEDOM FROM COMPUTER VIRUSES. SUPER WASH DOES NOT REPRESENT OR
WARRANT THAT THE FUNCTIONS CONTAINED IN THE SUPER WASH WEBSITE
OR ITS OPERATION WILL BE ERROR-FREE WITHOUT DELAY OR UNINTERRUPTED
(INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAYS OR INTERRUPTIONS
DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD
OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE
CONNECTIVITY), THAT DEFECTS WILL BE CORRECTED, OR THAT THE SUPER
WASH WEBSITE OR THE SERVER THAT MAKES THE SUPER WASH WEBSITE AVAILABLE
ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. SUPER
WASH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE
INFORMATION ON THE SUPER WASH WEBSITE IS ACCURATE, COMPLETE, CORRECT,
ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR
USE OF THE SUPER WASH WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Some states do not allow the disclaimer of implied warranties,
so portions of the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights, and you may also
have other legal rights which vary from state to state.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY
OR OTHERWISE, SHALL SUPER WASH OR ANY OF ITS AFFILIATES, SUBSIDIARIES,
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, CONTRACTORS OR
SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS
TO OR INABILITY TO USE OR ACCESS THE SUPER WASH WEBSITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF SUPER WASH HAS BEEN ADVISED OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT YOU, AND NOT SUPER WASH, SHALL ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF
ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL SUPER WASH OR ANY OF
ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY CLAIM
OR DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR RELATED CLAIMS
OR RELATED CLAIMANTS, IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS
($100.00). These limitations of liability shall apply
even if a limited remedy fails of its essential purpose.
Some states do not allow the limitation of liability, so the
portions of the foregoing limitation may not apply to you.
Online Copyright Infringement Notification
If you believe that the Super Wash Website(s) contains materials
that constitute copyright infringement, please notify Super Wash
promptly.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SUPER WASH OR ANY OF ITS
AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS,
VENDORS, CONTRACTORS OR SUPPLIERS HARMLESS FROM AND AGAINST ANY
AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’
FEES, ARISING FROM OR RELATED TO: (A) YOUR USE OF THE SUPER WASH
WEBSITE; AND/OR (B) YOUR BREACH OF THIS AGREEMENT.
Term and Termination
Super Wash shall have the right to terminate your access to, and
use of, the Super Wash Website immediately, if, in its sole discretion,
Super Wash believes that your conduct fails to conform with this
Agreement. Super Wash also reserves the right to investigate suspected
violations of this Agreement.
Upon termination of this Agreement, all rights granted to you
under this Agreement will cease immediately, and you agree that
you will immediately discontinue use of the Super Wash Website.
E-mail
E-mail submissions over the Internet may not be secure. Please
consider this fact before e-mailing any personal or confidential
information.
Employment Opportunities
Super Wash is committed to the principles of equal employment
opportunity. Applicants are considered for all positions without
regard to race, sex, color, religion, national origin, age, disability
(so long as such disability can be reasonably accommodated) or
any other status protected by applicable law. Super Wash encourages
all qualified applicants to apply.
Applicable Laws and Binding Arbitration
This Agreement shall be governed by and construed under the laws
of the State of Illinois, without regard to conflicts of laws
principles. Any controversy or claim arising out of or relating
to this Agreement or the Super Wash Website shall be settled by
binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association, except that to
the extent Super Wash seeks injuctive or equitable relief. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall
be conducted in Chicago, Illinois and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL
PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO
THE SUPER WASH WEBSITE OR THIS AGREEMENT SHALL BE IN THE STATE
OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS. NOTWITHSTANDING
THE FOREGOING, SUPER WASH MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF
IN ANY COURT HAVING PROPER JURISDICTION.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE
SUPER WASH WEBSITE OR THIS AGREEMENT MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Miscellaneous
The failure of Super Wash to act with respect to a breach of this
Agreement by you or others does not constitute a waiver and shall
not limit Super Wash’s rights with respect to such breach
or any subsequent breaches. Neither the course of conduct between
the parties nor trade practice shall act to modify this Agreement.
Super Wash may assign its rights and duties hereunder to any party
at any time without any notice to you. You may not assign this
Agreement without Super Wash’s prior written consent. If
any provision of this Agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity
and enforceability of any remaining provisions.
Contact Super Wash
If you have any questions, comments, or concerns regarding this
Agreement and/or the Super Wash Website, please contact Super
Wash at the following:
info@superwash.com
Super Wash, Inc. 707 W. Lincolnway Morrison IL 61270
(815) 772-2111
2015
© Super Wash, Inc. All rights reserved. See Disclaimer.
