TERMS & CONDITIONS
JCCW 1-3, LLC, JCCW of Merrill Rd, LLC, JCCW of Colonial, LLC, JCCW of Haverhill, LLC, JCCW of Rouse Rd., LLC, JCCW of Pickett Rd., LLC and other affiliates doing business as Johnny Clean Car Wash (collectively, “Johnny Clean”, “us” or “we”) offer the Unlimited Membership which allows members to subscribe for a specific car wash service plan at Johnny Clean’s network of car washes (the “Unlimited Membership”, “membership plan”, “subscription plan” or “membership”).
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH JOHNNY CLEAN (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your Johnny Clean membership will continue and automatically renew until discontinued or terminated. To use the Johnny Clean service you must have a Registered Vehicle associated with your membership plan and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership at least 5 days before it renews in order to avoid billing of the membership plan fees for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Johnny Clean membership by visiting a Johnny Clean service location or the johnnycleancarwash.com website and clicking on the “Manage Memberships” link available at the top of the page under “Unlimited Memberships”.
- Promotional Offers. We may from time to time offer special introductory or promotional offers, plans or memberships (“Offers”). The Offer availability, duration, terms and eligibility are determined by Johnny Clean at its sole discretion. In the event that we determine you are not eligible for an Offer, we reserve the right to revoke an Offer, put your membership plan on hold and/or charge you the then-current fee for the membership plan you selected in connection with such Offer. Members of households with an existing or recent Johnny Clean membership may not be eligible for certain Offers. We may use information such as vehicle identification number, license plate number, method of payment, phone number or a membership plan email address used with an existing or recent Johnny Clean membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
- Purchase, Billing and Cancellation
3.1. Purchase. You may purchase a membership plan by either visiting a Johnny Clean service location or the johnnycleancarwash.com website and clicking on the “Unlimited Memberships” link available at the top of the page and following the instructions for purchasing a membership plan. If you purchase a membership plan at a Johnny Clean service location, a radio frequency identification (RFID) sticker will be affixed to the front windshield of the Registered Vehicle associated with your membership plan. If you purchase a membership plan through the johnnycleancarwash.com website, you will receive a temporary barcode that needs to be redeemed at a Johnny Clean service location. Upon redemption, an RFID sticker will be affixed to the front windshield of the Registered Vehicle associated with your membership plan. Your membership plan will become active immediately upon purchase, regardless of whether you purchased such membership plan at a Johnny Clean service location or through the johnnycleancarwash.com website.
3.1. Billing Cycle. The membership plan fee for the Johnny Clean service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on your receipt or otherwise communicated to you. The length of your billing cycle will depend on the type of subscription that you choose when you sign up for the service. Membership plan fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit a Johnny Clean service location to confirm your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. PLEASE NOTE: YOU MAY SEE AN ADDITIONAL CHARGE ON YOUR PAYMENT METHOD ACCOUNT AFTER PURCHASING A MEMBERSHIP PLAN. THIS IS A VERIFICATION OF FUNDS ONLY AND WILL BE REMOVED FROM YOUR PAYMENT METHOD ACCOUNT ACCORDING TO YOUR PAYMENT METHOD ISSUER POLICIES.
3.2. Payment Methods. To use the Johnny Clean service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your membership plan in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your membership plan, we may, in our sole discretion, suspend your access to the service until we have successfully charged a valid Payment Method or cancel your membership plan. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the johnnycleancarwash.com website and clicking on the “Manage Memberships” link available at the top of the page under “Unlimited Memberships”. We may also update your Payment Methods using information provided by you at a Johnny Clean service location or your Payment Method service provider. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your Johnny Clean membership at any time, and you will continue to have access to the Johnny Clean service through the end of your billing period. To cancel, visit a Johnny Clean service location or go to the johnnycleancarwash.com website and click on the “Manage Memberships” link available at the top of the page under “Unlimited Memberships” and follow the instructions for cancellation, including, without limitation, providing information that exactly matches the information provided at the time your membership plan was activated. If you cancel your membership, your membership will automatically close at the end of your current billing period. To confirm when your membersip will close, visit a Johnny Clean service location. Notwithstanding anything to the contrary set forth herein, you must cancel your membership at least 5 days before it renews in order to avoid billing of the membership plan fees for the next billing cycle to your Payment Method.
3.5. Changes to the Price and Subscription Plans. We may change our membership plans and the price of our membership plans and service from time to time; however, any price changes or changes to your membership plan will apply no earlier than 30 days following notice posted on the johnnycleancarwash.com website or at the relevant Johnny Clean service locations or 30 days after such changes are otherwise communicated to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership at least 5 days before the change takes effect.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Johnny Clean Service
4.2. The services provided at different Johnny Clean locations may differ due to various factors such as bad weather, maintenance, holidays, store improvements, government regulations, or unexpected events beyond our control. If you have an active membership plan, you can enjoy Johnny Clean service for your Registered Vehicle at any Johnny Clean service location that offers the Johnny Clean service that corresponds to your membership plan.
4.3. Upon purchasing or redeeming your membership plan, Johnny Clean will attach an RFID sticker to the front windshield of your Registered Vehicle, displaying your membership plan number. It is necessary to affix the RFID sticker to the front windshield of your Registered Vehicle before you utilize the Johnny Clean service. You are not permitted to tamper with, duplicate, or share your RFID sticker. Both the membership plan number and the RFID sticker remain the sole property of Johnny Clean.
4.4. Every membership plan is intended for a single vehicle that belongs to the purchaser. Transfer or resale of your membership plan or the accompanying RFID sticker to a vehicle other than the Registered Vehicle or person is expressly prohibited.
4.6. The quality of the Johnny Clean service may vary from location to location, and may be affected by a variety of factors.
4.7. By using our service, you agree to look solely to the entity that manufactured and/or sold you the Registered Vehicle for any issues related to the Registered Vehicle and its compatibility with the Johnny Clean service. We do not take responsibility or otherwise warrant the performance of your Registered Vehicle, including its compatibility with the Johnny Clean service.
- Membership Plan Access. You are responsible for any activity that occurs with respect to your membership plan. By allowing others to access the membership plan, you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to your membership plan, including but not limited to changes to the subscription plan. You agree to provide and maintain accurate information relating to your membership plan, including a valid email address so we can send you membership plan related notices. We can terminate your membership plan or suspend your membership plan in order to protect you, Johnny Clean or our partners or affiliates from identity theft or other fraudulent activity. Johnny Clean is not obligated to credit or discount a membership for refusals, suspensions, deactivations, or terminations with respect to a membership plan. In the event that the Registered Vehicle associated with your membership plan is sold, otherwise transferred, lost or stolen, charges will continue to be applied to your Payment Method until you either transfer the membership plan to another vehicle by visiting a Johnny Clean service location or cancel your membership plan by visiting a Johnny Clean service location or the johnnycleancarwash.com website and clicking on the “Manage Memberships” link available at the top of the page under “Unlimited Memberships” and following the instructions for cancellation. If you fail to transfer the membership plan to another vehicle or cancel the membership plan, subsequent users of the Registered Vehicle may access the Johnny Clean service using the RFID sticker and may be able to access certain of your membership plan information.
- Disclaimers of Warranties and Limitations on Liability
6.1. THE JOHNNY CLEAN SERVICE AND all features, functionalities, locations, equipment, personnel and our websites associated THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Johnny Clean DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE Johnny Clean SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Johnny Clean DOES NOT REPRESENT THAT THE Johnny clean Service is SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING THE GENERALITY OF SECTION 6.2 BELOW, Johnny Clean SPECIFICALLY DISCLAIMS LIABILITY for the use of YOUR VEHICLE(S) (INCLUDING THEIR CONTINUING COMPATIBILITY WITH the Johnny Clean Service) and damage to your VEHICLE(S).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL JOHNNY CLEAN, ITS AFFILIATES OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE WHO USES YOUR MEMBERSHIP PLAN FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. THE AGGREGATE LIABILITY OF JOHNNY CLEAN, ITS AFFILIATES, ITS SUBSIDIARIES AND ANY OF THEIR SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE (1) MONTH PRECEDING THE DATE YOUR CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE MEMBERSHIP PLAN AND ACCESSING THE JOHNNY CLEAN SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION 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 LIMITATIONS IN THIS SECTION 6.3 MAY NOT APPLY TO YOU.
6.4. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS WHEN USING THE JOHNNY CLEAN SERVICE. JOHNNY CLEAN DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT JOHNNY CLEAN IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.
6.6. You agree that you will indemnify, defend, and hold harmless Johnny Clean, its affiliates and its subsidiaries and any of their shareholders, managers, directors, officers, employees and licensors 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 misuse of the Johnny Clean service of Membership Plan, or (b) 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
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Johnny Clean, by certified mail, a written Notice of your claim (“Notice”). The Notice to Johnny Clean must be addressed to: Manager, Johnny Clean Car Wash, 1701 W. Hillsboro Blvd., Suite 102, Deerfield Beach, FL 33442 (“Notice Address”). If Johnny Clean initiates arbitration, it will send a written Notice to the email address used for your membership plan. A Notice, whether sent by you or by Johnny Clean, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Johnny Clean and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Johnny Clean may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
7.4. You and Johnny Clean agree that any and all actions taken under this 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 or as otherwise may be required by law.
7.5. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Arbitration Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. Unless Johnny Clean and you agree otherwise, any arbitration hearings will take place in Palm Beach County, Florida. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
7.6. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Johnny Clean’s last written settlement offer made before an arbitrator was selected (or if Johnny Clean did not make a settlement offer before an arbitrator was selected), then Johnny Clean will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.7. You and Johnny Clean agree that you and Johnny Clean, as applicable, must initiate arbitration within one (1) year after you or Johnny Clean, as applicable, discovered or should have discovered the basis of the claim or 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 such claim or dispute is permanently barred.
7.8. YOU AND Johnny Clean 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 Johnny Clean agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8.2. Unsolicited Materials. Johnny Clean does not accept unsolicited materials or ideas for the Johnny Clean service, and is not responsible for the similarity of any of its services in any materials or ideas transmitted to Johnny Clean. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Johnny Clean and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
8.3. Feedback. Johnny Clean is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or communications to Johnny Clean, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Johnny Clean service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
8.7. Communication Preferences. We will send you information relating to your membership (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or via text messages to the mobile telephone number you provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
8.8. Consent to Receive Texts and Emails. By providing your cell phone number and email address to Johnny Clean and consenting to be contacted as set forth in this Section 8.8, you are agreeing to be contacted by or on behalf of Johnny Clean at the email address and the telephone number provided, including emails to your email address and text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice, and prerecorded messages, to provide you with marketing and promotional materials relating to Johnny Clean’s products and services. You may opt-out of receiving text (SMS) messages from Johnny Clean or its subsidiaries at any time by replying with the word STOP from the mobile device receiving the messages. You need not provide this consent in order to purchase any products or services from Johnny Clean. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging.