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 Cloud9wash, Inc. (“Cloud9wash”) via its website www.Cloud9wash.com or via its mobile application (the website and the mobile application 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
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 Cloud9wash (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 Cloud9wash.
For information about carrying out your mobile car-washing services through Cloud9wash, please visit our website at www.cloud9wash.com/become-cloud9wash.php.
Cloud9wash 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 commercialpurpose without Cloud9wash’s express written consent, except as specifically noted above. Except as specifically authorized by Cloud9wash, you may not deep-link tothe Portals for any purpose or access the Portals manually or with any robot, spider, web crawler, extraction software, automated process or device toscrape, copy, or monitor any portion of the Portals or any information, content, or material on the Portals. Cloud9wash reserves all of its statutory and commonlaw 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 containedtherein, whether in whole or in part, without prior written consent from Cloud9wash. You may like or follow Cloud9wash or share links to the Portals via socialnetworking technology referenced on the Portals. Any rights not expressly granted herein are reserved.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: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 Cloud9wash shall be entitled (without limitation of any other rights orremedies otherwise available to Cloud9wash and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdictionprohibiting 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 orproceeding may be made by first class mail, certified or registered, to the User’s address as last appearing on the records of Cloud9wash.Price, description, menu content, product/service availability and any other carwash
information are subject to change without notice. Cloud9wash assumes no responsibility or liability for any errors or omissions in the content of the Portals.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 Cloud9wash. AllPortals 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.Cloud9wash 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, andfunctional elements and related services. Notice of termination shall be provided to the User in the manner Cloud9wash deems reasonable.The User agrees to indemnify and hold Cloud9wash, 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 inconnection with your use of the Portals, with any alleged infringement of intellectual property or other right of any person or entity relating to thePortals, your violation of these Terms of Use, and any other acts or omissions relating to the Portals.THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY Cloud9wash, 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, Cloud9wash DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TOWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROMCOURSE 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 ARESOLELY RESPONSIBLE FOR ANY ASSOCIATED DAMAGES TO YOUR COMPUTER OR LOSS OF DATAEACH CARWASH AFFILIATE IS THE SUPPLIER OF THE SERVICES PRESENTED ON THE SITES AND EACH CARWASH AFFILIATES, AND NOT Cloud9wash 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 SUCHSERVICES. YOU HEREBY RELEASE Cloud9wash FROM ANY LIABILITY RELATED TO THE FOREGOING. ANY DISSATISFACTION A USER MAY HAVE WITH A CARWASH JOB MUST BE TREATEDDIRECTLY WITH THE CARWASH AFFILIATE AND MAY NOT BE HELD AGAINSTY Cloud9wash.Cloud9wash SHALL NOT BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OR DAMAGESWHATSOEVER, WHETHER ANY CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, (EVENIF Cloud9wash SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Cloud9wash WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOUAND ITS CARWASH AFFILIATES OR THIRD PARTY BUSINESSES. Cloud9wash ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAYINFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. Cloud9washASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIALAVAILABLE 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. THESELIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Cloud9wash AND ITS SERVICE PROVIDERS’ TOTAL LIABILITY FOR ANYPARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO Cloud9wash OR A CARWASH AFFILIATE WITH RESPECT TO SUCHCLAIM. 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 SUCHWARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.YOU AND Cloud9wash 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 EACHPARTY TO ENTER INTO THIS AGREEMENT. YOU AND Cloud9wash AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR ANDREASONABLE.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 THESITES.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 toyour 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 personalinformation you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current orincomplete, or Cloud9wash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cloud9wash has the right torefuse 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 thatoccur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Cloud9washof any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, orunauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Cloud9wash willnot 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 omissionsby 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 tothese Terms, you are also consenting to receive marketing and advertisement emails from us from time to time. You may opt out of these messages byclicking the “unsubscribe” link at the bottom of each email. Your request will be treated within 48 hours.In the performance of the services, Cloud9wash and its Car Wash Affiliates may have access to personal information pertaining to Users and which Cloud9wash wants to
protect from disclosure. Cloud9wash undertakes to hold all of personal information it receives from its Users in strict confidence and neither to disclose orrelease in any manner such personal information to any third party, nor to use such personal information with any third party, nor to use such personalinformation 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.As a courtesy to you, the Portals may offer links to other websites. Some of these websites may be affiliated with Cloud9wash while others are not. Cloud9wash is not
responsible for the contents of any website pages created and maintained by organizations independent of Cloud9wash. Visiting any such third-party website pagesis at your own risk. Cloud9wash has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of informationin third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independentreview. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Cloud9wash. Byusing the Portals you acknowledge that Cloud9wash is responsible neither for the availability of, nor the content located on or through any third-party websitepages.Cloud9wash.com is a proprietary domain name of Cloud9wash. Cloud9wash is a trademark of Cloud9wash, Inc. You may not use or reproduce Cloud9wash’s name, trademarks, service marks or
logos or other proprietary information of Cloud9wash without our express written consent. The Portals, including but not limited to its graphics, logos, pageheaders, icons and service names constitute the property of Cloud9wash and its affiliates. Other trademarks that appear on the Portals are the property of theirrespective owners, who may or may not be affiliated with, connected to, or sponsored by Cloud9wash. Any images of persons or personalities contained on thePortals are not an indication or endorsement of Cloud9wash or any particular product unless otherwise indicated.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.For any suit or proceeding to enforce the provisions of these Terms of Use, Cloud9wash 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 Los Angeles. Cloud9wash and the User agree further that these Terms of Useshall 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.These Terms of Use may be amended from time to time by Cloud9wash, 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.cloud9wash.com/terms-of-use.php. If you do not agree to these Terms of Useat 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 suchchanges indicates that you agree to such changes.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 remainderof these Terms of Use shall continue to be enforceable and valid according to Terms contained herein.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 Cloud9wash's Privacy Policy, constitute the entire agreement between you and Cloud9wash,superseding all prior agreements regarding the Portals.The failure of Cloud9wash 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 performanceresulting 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,fires, floods or other catastrophes.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.