Membership Terms & Conditions

WOODIE’S ENDLESS WASH CLUB  

MEMBERSHIP TERMS AND CONDITIONS 

 

PURPOSE

WWS Memberships, LLC, through its affiliates doing business as Woodie’s Wash Shack  locations (collectively “WWS“), offers the Woodie’s Endless Wash Club™ (“EWC“) that  allows members to subscribe for a membership plan specifying a level of car wash services  at its affiliated growing network of car wash locations. The recurring monthly fee depends  on the membership plan purchased for each vehicle.

 

SCOPE 

The membership terms contained herein (collectively, the “Terms“) govern your purchase  of a membership in the EWC and your use of the services offered through the EWC. 

 

OVERVIEW 

When you register your membership account and purchase one or more membership plans, you give permission to WWS to collect personally identifying information on you, which  is subject to our Privacy Notice, which can be found at  https://www.woodieswash.com/privacy, and which is incorporated herein. Please review  our Privacy Notice to understand our commitment to your privacy.

 

As used in these Terms, the words “service” or the “services” mean the car wash services  provided to the identified vehicle by WWS under your purchased EWC membership plan.

 

By providing WWS a Payment Method, defined below, and by accepting these Terms and utilizing the EWC services, you agree that you have read, accepted, and understand these  Terms. Your usage of the services constitutes acceptance of the Terms.

 

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION  WAIVER AND JURY TRIAL WAIVER. BY AGREEING TO THESE TERMS, YOU  AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER  DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES REGARDING THE EWC (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS  COURT). 

 

BY ACCEPTING THESE TERMS, YOU AGREE THAT SUCH ACCEPTANCE  CONSTITUTES EXPRESS WRITTEN CONSENT FOR WWS TO CONTACT YOU  VIA ELECTRONIC MEANS (EMAIL, TEXT MESSAGES, SOCIAL MEDIA POSTS,  ETC.) AS WELL AS VIA TELEPHONIC MEANS TO OFFER PROMOTIONS, ELICIT  FEEDBACK, OR TO OTHERWISE CONTACT YOU REGARDING THE SERVICES  OFFERED BY WWS. IF YOU DO NOT WISH TO RECEIVE SUCH  COMMUNICATIONS, PLEASE CONTACT WWS TO ALERT WWS TO REMOVE  YOU FROM SUCH COMMUNICATION LISTS. 

 

BY SUBSCRIBING FOR A MEMBERSHIP PLAN, YOU ACKNOWLEDGE THAT  YOU ARE A CUSTOMER OF WWS COMMENCING ON THE DATE YOUR  MEMBERSHIP PLAN BECOMES EFFECTIVE.

 

 

SECTION 1: EWC Membership Plans and Rates 

 

1.1. Services. WWS offers the following EWC membership plans: (1) The Drop In; (2) The Hang Ten; (3)  The Wipeout; and (4) The Pipeline (as updated from time to time on the Woodie’s Wash  Shack website). For service details and fees, you can search for your local Woodie’s Wash  Shack location here (https://www.woodieswash.com/locations). WWS reserves the  right to change our EWC membership plans or fees in any manner and at any time as we  may determine in our sole and absolute discretion, provided, however, that any material  changes to your membership plan or any increase to your membership fees will take effect  thirty (30) days after being posted at the impacted Woodie’s Wash Shack locations and on  the Woodie’s Wash Shack website (https://www.woodieswash.com). The services offered  at each Woodie’s Wash Shack location may vary and may be affected by a variety of  factors, including inclement weather, maintenance, holidays, store upgrades,  governmental orders or other force majeure events. A currently paid membership plan  allows the vehicle identified with the plan unlimited services at any Woodie’s Wash Shack  location subject to such factors. 

 

1.2. Auto-Renewal. The EWC membership plan for each vehicle will commence with your  delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method“) to WWS, which also serves as your express and explicit  acceptance of the Terms as set forth herein. A link to these Terms will be included with  your purchase receipt for future reference. Your Payment Method will not be charged until  after you acknowledge your agreement to these Terms. Your EWC membership plan will  automatically renew monthly, such that your Payment Method will automatically be  charged on a recurring monthly basis until cancelled by you or terminated by us in  accordance with these Terms. You retain the right without additional cost or penalty to  terminate the membership plan if you cancel in a timely manner as described below. Your  membership plan number will appear on your purchase receipt as discussed below in  Section 2. 

 

1.3. LPR Technology. WWS uses License Plate Reader technology to validate your  membership status when you visit a Woodie’s Wash Shack location. 

 

1.4. Single Vehicle Plan. Each purchased EWC membership plan is for a single vehicle  only. Resale or transfer of your EWC membership plan to another vehicle or person is  expressly prohibited. 

 

1.5. Family Plans. Check at your nearest Woodie’s Wash Shack location for availability  and fees. Family Plans allow you to purchase additional membership plans (each for a  single vehicle) at a discounted fee under a single membership account. The fee for all  membership plans in a family plan must be charged to the same Payment Method and be  the same EWC Service package. The Payment Method must be delivered to Woodie’s  Wash Shack for each additional membership plan purchased under a family plan. If the  first membership plan purchased following the initial registration of a membership account  under a family plan is cancelled, suspended, deactivated or terminated or any reason, then  the next purchased membership plan will be considered the primary membership plan and  will be charged the then current standard fee for such membership. 

 

1.6. Lifesaver Program. The Lifesaver Program is available to active police officers, active  EMT and/or paramedics, active firefighters, active medical or healthcare workers, and  active or retired military personnel. Members of the Lifesaver Program receive a discount  of $5.00 off the monthly ECW rate. To enroll in this program, you will be asked to provide  proof of eligibility (such as a photo ID, work ID or pay stub), and your membership must be registered under the name as it appears on the proof of eligibility. This program is  limited to one (l) car per eligible member. 

 

1.7. Vehicle Sold. If a vehicle identified with a membership plan is sold, you may transfer  the membership plan to another vehicle by visiting any Woodie’s Wash Shack location or  online at www.woodieswash.com

 

1.8. Vehicle Stolen. If a vehicle identified with a membership plan is lost or stolen, you  must promptly deactivate the vehicle’s EWC membership plan, or others may access the  car wash service through your account and may be able to access certain of your account  information. To deactivate, go online at www.woodieswash.com, or visit any Woodie’s  Wash Shack location, or call (855) 559-3355. WWS will not be liable for any services  provided or payments collected on such vehicles if not explicitly notified by you of such  a loss or theft. 

 

1.9. Discounted Introductory Period. If a discounted introductory period is available to  you, then it will be specified at the time of purchase. The introductory period is intended  to allow new and certain former members to try the services at a discounted fee. As a  result, the availability, duration, and any other terms for the introductory period may vary  as determined by WWS at its sole discretion. At the expiration of any discounted  introductory period, WWS will charge the then-current fee for your chosen plan on your  next billing cycle to your Payment Method and your membership will automatically renew  unless you cancel your membership prior to the end of the discounted introductory period  as set forth below. WWS reserves the right to revoke the discounted introductory period,  and charge you the then-standard fee for the plan you selected, and/or put your account on  hold in the event that we determine that you are not eligible for the introductory discount. 

 

 

SECTION 2: Billing, Cancellation, and Refunds 

  

2.1. Payment Processing. To purchase a EWC membership plan, you must provide a  Payment Method. You authorize us to charge the current Payment Method associated to  your membership account for your membership plan(s) fees, which will be automatically  charged on a monthly basis. 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 account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods,  the issuer may charge you additional fees. Check with your Payment Method service  provider for details. WWS has no responsibility or liability if your Payment Method is  declined by your financial institution. Payments are processed by our PCI-compliant third party payment processor. For additional information, please see our Privacy Notice. 

 

2.2. Billing Cycle. The fee for the EWC membership plan you purchase, and any other  charges you may incur in connection with your EWC membership plan, such as taxes, will  be charged monthly to your Payment Method on the day of month on which you signed  up for the 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 or if your  membership plan was purchased on a day not contained in a given month, e.g., the 31st .  The charges will appear on your Payment Method receipt as from WWS, together with the  respective store number where you purchased your EWC membership plan and your  membership plan number. 

 

2.3. Updating your Payment Method. To update your Payment Method, go online at  www.woodieswash.com, or visit or call any Woodie’s Wash Shack location. WWS may also update information on your Payment Method using information provided by the  payment service providers, such as the expiration date of your Payment Method. Following  any update, you authorize WWS to continue to charge the applicable Payment Method for  each membership plan associated with your membership account. 

 

2.4. Cancellation. by You and Reactivation. You must cancel an EWC membership plan at least seven (7) days before it renews in order to avoid automatic billing to your Payment  Method for the applicable fee for the next monthly billing cycle. The vehicle identified  with the cancelled membership plan will continue to have access to the car wash services  through the end of its billing period. If you cancel all membership plan(s) associated with  your membership account, your account will automatically close at the end of the next  applicable billing period.  

 

2.5. No Refunds. Paid membership fees are nonrefundable and there are no refunds or  credits for partially used membership plan periods. Any refund, discount, or other  consideration to some or all of our members is at the sole and absolute discretion of WWS,  in accordance with all applicable law.

 

SECTION 3: EWC Membership Account 

 

3.1. Membership Account. The person who registered the EWC membership account and  whose Payment Method is charged has access and control over the membership account  and is responsible for (a) any activity that occurs through the membership account; and (b)  updating and maintaining the accuracy of the information in the account. To register a  EWC membership account, you must be eighteen (18) years of age or older. Individuals  under the age of eighteen (18) must use the EWC membership account of their parent or  legal guardian pursuant to these Terms. If you submit the personal information of any  person other than yourself while registering an account or purchasing additional  membership plans, you warrant that you have that person’s permission to provide us with  that information. 

3.2. Updating Your Membership Account. To update your EWC membership account, go  online at www.woodieswash.com, or visit or call any Woodie’s Wash Shack location. You can provide or change your email address, cell phone number, payment method, and/or  change your plan or cancel your membership. 

3.3. Communication Preferences. WWS will periodically send you information relating to  your membership account (e.g., payment authorizations, invoices, changes in password or  Payment Method, confirmation messages, notices, solicitations, etc.) in electronic form  only (e.g., emails to the email address you provided or text messages to the cell telephone  number you provided). By purchasing your membership and accepting these Terms, you  explicitly permit WWS to contact you by such methods and you agree that any notices,  agreements, disclosures or other communications sent to you electronically will satisfy  any legal communication requirements, including any requirements that such  communications be in writing.  

3.4. Text Messages. WWS, or third-parties with whom WWS contracts, may communicate  with you via text messages. Your carrier’s standard message rates may apply to any and  all messages you receive from and send to WWS. Other charges may also apply. All  charges are billed by and payable to your mobile service provider. WWS will not be liable  for any delays in the receipt of any text messages. Delivery is subject to effective  transmission from your network operator. Data obtained from you in connection with this  text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to WWS.  WWS may use this information to contact you and provide services you request. By  accepting the Terms contained herein, you expressly opt-in to receiving such messages.  Consent to receive such messages is not a condition of making any purchase and you may  revoke such consent by contacting WWS. The number of text messages per month will  vary. You can also unsubscribe at any time by texting STOP to the number that appears in  your text message. 

3.5. Compliance with Law. You and anyone for whom you purchase a EWC membership  plan agree to use the EWC membership account and membership plan(s) in accordance  with all applicable laws, rules and regulations. WWS may cancel your membership  account and membership plan(s) if you, or anyone registered with your membership  account, violate these Terms or are engaged in illegal or fraudulent use of the EWC  membership account or membership plan(s). 

3.6. Termination by WWS. To the maximum extent permitted by applicable law, WWS may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your  EWC membership account, any purchased membership plans, and use of the services,  without notice or liability. If WWS refuses, suspends, deactivates, or terminates your  membership account, you may not register another membership account or purchase  another membership plan without the prior written permission of WWS. WWS may, at its  sole discretion, suspend, deactivate or terminate your membership account and plans to  protect you or WWS from identity theft or other fraudulent activity. Except as required by  applicable law, WWS is not obligated to credit or discount your account for any such  refusals, suspensions, deactivations, or terminations. 

3.7. Online Account Management. Online account management is available for Endless Wash Club members. Members can create an online account that allows them to sign up,  change their membership plan, update their Payment Method, cancel a membership plan,  view and print monthly billing invoices, and edit profile information. Online account  management is accessible by visiting www.woodieswash.com.

 

 

SECTION 4: Disclaimers of Warranties and Limitations on Liability

 

4.1. THE EWC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS  IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY  OF ANY KIND (EXPRESS OR IMPLIED). WWS DOES NOT GUARANTEE,  REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR  SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.

4.2. WWS DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE  FOR YOUR VEHICLE(S). WITHOUT LIMITING THE GENERALITY OF  SECTION 4.3 BELOW, WWS SPECIFICALLY DISCLAIMS LIABILITY FOR  DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING  ITEMS: 

 

  1. Bug shields;
  2. Non-operating power antennas;
  3. Loose molding, racks, etc.;
  4. Non-factory installed accessories;
  5. After-market wheels;
  6. Other pre-existing conditions;
  7. All unsecured personal items;
  8. Driver negligence or failure to follow operational signs or instructions;
  9. Electronic running boards;
  10. Left down/open windows;
  11. Automatic windshield wipers that are left on;
  12. Vehicle over 7 years old;
  13. Windshield Wipers;
  14. Vehicle over 100,000 miles;
  15. Antennas or side mirrors;
  16. Vehicle badging or emblems;
  17. Wheel covers or center caps;
  18. Moonroofs, sunroofs, glass or bug shields;
  19. Loose or broken parts;
  20. Vehicle molding;
  21. Body damage or scratches;
  22. Collision due to breaking or driving in carwash tunnel;
  23. Non-factory installed items;
  24. Body paint damage;
  25. Loose body parts.

 

4.3. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO  EVENT SHALL WWS, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF  THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR  AGENTS (“WWS PARTIES”) BE LIABLE (JONTLY OR SEVERALLY) TO YOU  FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE,  EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND  WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE  AND WHETHER OR NOT WWS PARTIES WERE ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WWS PARTIES’ AGGREGATE LIABILITY 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  MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND  EXCLUSIVE REMEDY IS TO STOP USING THE EWC MEMBERSHIP AND  STOP ACCESSING THE SERVICES. 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. 

4.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN  WARRANTIES OR THE LMITATION OR EXCLUSION OF LIABILITY FOR  CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE  LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 

4.5. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE WWS PARTIES 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 EWC, OR (B)  YOUR BREACH OF THESE TERMS. WWS RESERVES, AND YOU GRANT TO  WWS, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL  OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. 

 

 

SECTION 5: Arbitration Agreement, Waiver of Trial

by Jury and Waiver of Class Action 

 

5.1. APPLICABILITY OF ARBITRATION AGREEMENT. ANY DISPUTE,  CLAIM OR CONTROVERSY OF ANY NATURE ARISING OUT OF OR  RELATING IN ANY WAY TO THE EWC MEMBERSHIP PLAN, THESE  TERMS, OR THIS ARBITRATION AGREEMENT (AS DEFINED BELOW),  INCLUDING WITHOUT LIMITATION THE INTERPRETATION, VALIDITY,  SCOPE, OR APPLICABILITY OF THESE TERMS OR THE ARBITRATION  AGREEMENT (HEREINAFTER, COLLECTIVELY, THE “DISPUTE”), WHICH  CANNOT BE RESOLVED INFORMALLY, SHALL BE RESOLVED BY  BINDING ARBITRATION ON AN INDIVIDUAL, AND NOT A CLASS OR  REPRESENTATIVE, BASIS UNDER THE TERMS SET FORTH BELOW (THE  “ARBITRATION AGREEMENT”). THIS ARBITRATION AGREEMENT  APPLIES TO YOU AND WWS, AND TO ANY OF OUR SUBSIDIARIES,  AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST,  SUCCESSORS IN INTEREST, AND ASSIGNS. 

 

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR  OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A  JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS  ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT  THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH  HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. 

 

5.2. DISPUTES EXCLUDED FROM ARBITRATION. DISPUTES WHERE THE  AMOUNT IN CONTROVERSY IS LESS THAN $10,000.00 AND PLED BY YOU  OR WWS IN A SMALL CLAIMS COURT ARE NOT SUBJECT TO  ARBITRATION, SO LONG AS THE DISPUTES REMAIN IN SUCH COURT AND  ADVANCE ONLY AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE)  CLAIM FOR RELIEF. 

 

IN THE EVENT OF ANY ACTUAL, ALLEGED OR THREATENED VIOLATION  OF CONFIDENTIALITY OR VIOLATION OF WWS’ OR ITS LICENSOR’S  INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, WWS MAY IMMEDIATELY RESORT TO COURT PROCEEDINGS IN A COURT OF  COMPETENT JURISDICTION AS SET FORTH ABOVE IN ORDER TO SEEK  IMMEDIATE INJUNCTIVE RELIEF WITHOUT POSTING OF A BOND,  PROOF OF DAMAGES OR OTHER SIMILAR REQUIREMENT. THE  INSTITUTION OF ANY ACTION FOR INJUNCTIVE RELIEF SHALL NOT  CONSTITUTE A WAIVER OF THE RIGHT OR OBLIGATION OF ANY PARTY  TO SUBMIT ANY CLAIM SEEKING RELIEF OTHER THAN INJUNCTIVE  RELIEF TO ARBITRATION. 

 

5.3. CONFIDENTIAL PROCEEDINGS. THE PARTIES EXPRESSLY AGREE  THAT ANY AND ALL ACTIONS TAKEN UNDER THE 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 OTHERWISE MAY BE  REQUIRED BY LAW. 

 

5.4. ARBITRATOR. THE ARBITRATION PROCEEDING WILL BE  ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION  (“AAA”) UNDER THE AAA’S COMMERCIAL ARBITRATION RULES (THE  “AAA RULES”) BEFORE A SINGLE ARBITRATOR SELECTED PURSUANT  TO THE AAA RULES. THE DECISION OF THE ARBITRATOR WILL BE  FINAL AND BINDING. ANY FINAL AWARD OR JUDGMENT MAY BE PLED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE  PARTIES SHALL SHARE EQUALLY IN THE COSTS ASSESSED FOR THE  ARBITRATION, AND EACH PARTY SHALL BEAR ITS OWN ATTORNEYS’  FEES AND COSTS. ANY ARBITRATION PROCEEDING MAY NOT BE  CONSOLIDATED OR JOINED WITH ANY OTHER PROCEEDING AND WILL  NOT PROCEED AS A CLASS ACTION. 

 

5.5. PLACE AND GOVERNING LAW. THE PLACE OF ARBITRATION SHALL  BE IN HILLSBOROUGH COUNTY, FLORIDA, UNLESS OTHERWISE  AGREED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION. THE  PARTIES ACKNOWLEDGE THAT THIS ARBITRATION AGREEMENT  EVIDENCES A TRANSACTION INVOLVING INTERSTATE COMMERCE,  AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1, ET SEQ., AS MAY BE  AMENDED FROM TIME TO TIME, SHALL GOVERN THE  INTERPRETATION, ENFORCEMENT AND PROCEEDINGS PURSUANT TO  THIS ARBITRATION AGREEMENT. TO THE EXTENT STATE LAW IS  APPLICABLE, THE LAWS OF THE STATE OF FLORIDA SHALL APPLY  WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.

 

5.6. SURVIVAL: SEVERABILITY. THIS ARBITRATION AGREEMENT  PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.  EXCEPT AS SET FORTH IN SECTION 5.8 BELOW. IF ANY PORTION OF THIS  ARBITRATION AGREEMENT IS DEEMED INVALID OR UNENFORCEABLE  THROUGH A FINAL JUDICIAL DETERMINATION, THE ENTIRE  ARBITRATION AGREEMENT SHALL BE NULL AND VOID. NO PORTION OF  THIS ARBITRATION AGREEMENT MAY BE AMENDED, SEVERED, OR  WAIVED ABSENT A WRITTEN AGREEMENT BETWEEN YOU AND WWS.

 

5.7. TIME LIMITATION ON CLAIMS. THE PARTIES AGREE THAT THEY  MUST INITIATE ARBITRATION WITHIN ONE (1) YEAR AFTER ANY  DISPUTE AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED. 

 

5.8. CLASS ACTION WAIVER. YOU AND WWS 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 WWS AGREE OTHERWISE, THE ARBITRATOR  MAY NOT CONSOLIDATE ONE OR MORE PERSON’S CLAIMS WITH YOUR  CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A  REPRESENTATIVE OR CLASS PROCEEDING. IF THERE IS A FINAL  JUDICIAL DETERMINATION THAT APPLICABLE LAW PRECLUDES  ENFORCEMENT OF THIS SECTION’S LIMITATIONS AS TO A PARTICULAR  CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST  BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN  COURT. 

 

 

SECTION 6: Miscellaneous 

6.1. Governing Law. These Terms shall be governed by and construed in accordance with  the laws of the State of Florida without regard to its conflict of law provisions. These terms  will not limit any consumer protection rights that you may be entitled to under the  mandatory laws of your state of residence. 

6.2. Feedback. WWS 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  (collectively, “Feedback”), including responses to questionnaires or through postings to  the Woodie’s Wash Shack website and other 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 creating, modifying or improving the EWC. In addition, you agree not to  enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. 

6.3. Customer Support. To find more information about EWC and its features, or if you  need assistance with your membership account, go online to www.woodieswash.com, or  visit or call any Woodie’s Wash Shack location.

6.4. Changes to Terms. WWS may, from time to time, change, modify, or otherwise revise these Terms. Such revisions shall be effective immediately; provided however, for existing  members, such revisions shall, unless otherwise stated, be effective the next billing cycle  30 days after being posted at the impacted Woodie’s Wash Shack locations and on the website www.woodieswash.com

6.5 Miscellaneous. WWS may assign its rights and delegate its duties under these Terms  at any time to any party without notice to you. You may not assign your rights or delegate  your duties under these Terms without the prior written consent of WWS, and any such  attempted or purported assignment or delegation without the prior written consent of WWS is void. These Terms do not confer any rights, remedies, or benefits upon any person other  than you and WWS, except that our affiliates are third-party beneficiaries of these Terms. 

 

THESE TERMS, INCLUDING THE PRIVACY POLICY, ARE THE ENTIRE  AGREEMENT BETWEEN YOU AND WWS WITH RESPECT TO THE EWC.  WWS’ FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS WILL  NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY OTHER  PROVISION. ANY WAIVER OF ANY PROVISION OF THESE TERMS WILL  BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY WWS. IF ANY  PROVISION OF THESE TERMS IS HELD INVALID, VOID, OR  UNENFORCEABLE, THAT PROVISION WILL BE SEVERED FROM THE  REMAINING PROVISIONS AND THE REMAINING PROVISIONS WILL  REMAIN IN FULL FORCE AND EFFECT. THE HEADINGS IN THESE TERMS  ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THE  INTERPRETATION OF THESE TERMS. THESE TERMS INURE TO THE  BENEFIT OF THE SUCCESSORS AND ASSIGNS OF WWS. ANY PROVISIONS  OF THESE TERMS THAT ARE INTENDED TO SURVIVE TERMINATION  (INCLUDING ANY PROVISIONS REGARDING INDEMNIFICATION,  LIMITATION OF WWS’ LIABILITY, OR DISPUTE RESOLUTION) WILL  CONTINUE IN EFFECT BEYOND ANY TERMINATION OF THESE TERMS OR  OF YOUR EWC MEMBERSHIP. PLEASE PRINT OR OTHERWISE SAVE A  COPY OF THESE TERMS, ALL DOCUMENTATION, AGREEMENTS,  NOTICES, AND OTHER COMMUNICATIONS FOR YOUR REFERENCE.