2. Auto Mall Car Wash & Express Lube Subscriptions. Auto Mall Car Wash & Express Lube monthly subscription plans are subscription based car wash membership and service plans. This Agreement is for the individual user and vehicle (“User” or “You”) that is registered with Auto Mall Car Wash & Express Lube. This Agreement commences on the date of registration and if a membership is purchased continues from month to month until the Agreement is cancelled or terminated in accordance with the terms and conditions set forth herein 3. Description of Services Offered.
General Membership Program. Through the Auto Mall Car Wash & Express Lube mobile application and/or website a consumer will choose a specified car wash plan in which they wish to become a member (the “Member”) and selects an unlimited monthly car wash plan from the options provided.In exchange, Members will remit to Auto Mall Car Wash & Express Lube their designated payment information and will be charged on a recurring billing cycle for monthly car wash plans and for the one time fees associated with upgrades and additional services. All membership plans and information required to use the services are stored in the database (Chargebee) and you are required to provide related information at the time the services are rendered.
6. General Membership Policies. The Auto Mall Car Wash & Express Lube has only one location. The Auto Mall Car Wash & Express Lube Membership plan is valid for the specified services only. TheAuto Mall Car Wash & Express Lube Membership is valid for up to one car wash per day for the designated vehicle only. To Auto Mall Car Wash & Express Lube Membership, you must provide either your email address, full name, vehicle license number or VIN #. A valid credit or debit payment card is required to participate in the Auto Mall Car Wash & Express Lube membership program. All vehicles must conform to Auto Mall Car Wash & Express Lube and specified plan’s standards. Modifications outside of such standards to existing customer’s vehicle may require program termination. Please see Auto Mall Car Wash & Express Lube manager for confirmation that vehicle meets standards. Additional charges for oversized and professional vehicles may apply.
7. Payment and Billing Payments. All payments, including monthly membership amount, upgrades and additional services are payable by electronic funds transfer from the Member’s credit or debit card account or personally at the carwash location. Members must authorize payments to be made through a third party administered electronic funds transfer system. Credit card information must be received and processed in order for memberships to become effective. You may edit your Payment Method information through Auto Mall Car Wash & Express Lube webisite or at the carwash location. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you will be charged a fee and remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates and may require you to pay an initiation fee to reactivate your account. It is the Member’s full and sole responsibility to make and update any changes of contact or billing information including address, email or credit/debit card information through Auto Mall Car Wash and Express Lube website and at the carwash location. Recurring Billing. By starting your Auto Mall Car Wash & Express Lube membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Auto Mall Car Wash & Express Lube service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to initiation and service fees, promotional offers and/or changing or adding a plan, and/or requesting additional car wash related services and/or goods and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Billing Cycle. The membership fee for our service will be billed on the first day that you join Auto Mall Car Wash & Express Lube Club and select a membership plan and shall be billed on the corresponding day each subsequent month thereafter unless and until your membership is terminated or cancelled. We automatically bill your chosen payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
One-time Charges. From time to time Auto Mall Car Wash & Express Lube may charge an initiation fee as detailed on the payment section of your membership application. In addition, from time to time you may choose to add additional car wash related services or goods over and above your membership plan.
8. Termination. by Auto Mall Car Wash & Express Lube. Auto Mall Car Wash & Express Lube may terminate your membership at any time for your failure to comply with its policies and procedures. Auto Mall Car Wash & Express Lube reserves the right, at its sole discretion, to refuse to honor any request for Membership.
9. Member Cancellation Policy. You may cancel your Auto Mall Car Wash & Express Lube membership at any time by contacting Auto Mall Car Wash & Express Lube at the following phone number: 318-798-9274. Your membership will be cancelled effective 1 day from your NEXT bill date. You will continue to have access to the service through the end of your next billing period. 10. Changes to Membership Plans.
Freeze policy. If a member is unable to use Auto Mall Car Wash & Express Lube program, the Member may freeze their account for up to Four (4) months for a one-time fee of $10. At the end of your freeze period, your automatic billing cycle will commence with or without additional notice. Changes to Desired Membership Plan. An Auto Mall Car Wash & Express Lube Member may decide to change the level of membership and specific monthly services at any time for no additional cost.
11. Compliance with the Law. You must comply with all applicable governing laws at all times regarding your Membership. 12. Marketing. By signing this Agreement you agree to allow Auto Mall Car Wash & Express Lube, its affiliates and your home base location to market products and services to you in any form including, direct mail, email, telephone, texting or other means available. Auto Mall Car Wash & Express Lube agrees not to sell member’s information to any third parties for the purpose of marketing.
14. Changes in Operating Hours/Temporary Closing of the Car Wash. As a result of repair, maintenance, weather or act of God; car wash location may restrict its use or temporarily close the facility from time to time. There will be no reduction or suspension of membership fees during such time when the above-mentioned occurs and Auto Mall Car Wash & Express Lube shall not be responsible for any such event. 15. Copyright Provisions. You agree at all times to honor all applicable copyright law with respect to Member Web Sites, application, emails and e-Newsletters. As such, you may not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Auto Mall Car Wash & Express Lube information except as specifically authorized in writing by Auto Mall Car Wash & Express Lube. In addition, you may not remove any copyright, trademark or other proprietary rights notices contained anywhere on Auto Mall Car Wash & Express Lube material, whether electronic or in writing and may not infringe or use the Auto Mall Car Wash & Express Lube brand, logos and/or trademarks without authorization.
17. Limited Liability. To the extent permissible under applicable laws and jurisdictions, in no event shall Auto Mall Car Wash & Express Lube, or its subsidiaries or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury, property damage or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever as a result of your use of the services offered by Auto Mall Car Wash & Express Lube.
18. Disclaimers. Auto Mall Car Wash & Express Lube does not guarantee that the Membership services which it provides will function without interruption or errors in functioning. Auto Mall Car Wash & Express Lube may modify, replace, refuse access to, suspend or discontinue the Member Web Site or Member e-Newsletters, partially or entirely. Auto Mall Car Wash & Express Lube will issue pro rata refunds for Paid Memberships in the event of full cancellation of all Membership services. Auto Mall Car Wash & Express Lube reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Auto Mall Car Wash & Express Lube’s Member Website and Member e-Newsletters and all related items. Auto Mall Car Wash & Express Lube neither warrants nor represents that your use of the Member Web Site or e-Newsletters will not infringe the rights of third parties.
19. Waiver. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
20. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
21. Complete Agreement. This Agreement constitutes and embodies the full and complete understanding of the parties hereto, and supersedes all prior understandings whether oral or written.
22. Governing Law. The law of the State of Louisiana shall govern the validity, interpretation and enforcement of this Agreement. Any action brought with respect to this Agreement shall be brought in appropriate tribunal in Louisiana and the Merchant agrees to waive personal jurisdiction in the event of such a dispute.