The following terms of use (the “Terms of Use”) govern your use of and access to the website commonly known as www.sundaycarwash.com, and related webpages and subdomains contained therein (collectively the “Site”), subject to the terms and conditions contained herein. This Site, and our Privacy Policy, are made available by Sun Day Carwash, Inc., a Delaware corporation (“Sun Day Carwash” or “we” or “us” or “our”) to you. We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site.

You may access and view the Website Content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site, including, without limitation, any Website Content thereon, is only for your personal, non-commercial use, unless otherwise determined by Sun Day Carwash in its sole and exclusive discretion.

Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site (including, without limitation, any Website Content), is strictly prohibited unless you have received the express prior written consent of Sun Day Carwash. You may not otherwise download, export, import, make, have made, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content (including, without limitation, any Website Content), code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of Sun Day Carwash and others and may not be used unless authorized by the applicable Trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

In the course of your use of the Site, you may be asked to provide certain personalized information to us, including your name or e-mail address (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, works of authorship, comments, ratings, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“User Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending User Materials to us, you: (i) represent and warrant that: (A) the User Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in User Materials have been waived, and (B) that the submitted material, and its use, do not and will not violate the law or violate or infringe the rights of any entity, business or person; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable and assignable (with right to sublicense) right and license to use, copy, reproduce, modify, adapt, publish, export, import, make, have made, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works (whether in the Website Content or otherwise) in any form, media, or technology now known or later developed. We cannot and will not be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such submitted material at any time in our sole discretion.

You represent, warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not:  (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed received from Sun Day Carwash or otherwise through the Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) dilute, tarnish, or otherwise harm the Sun Day Carwash brand in any way, including through unauthorized use of Website Content or registering and/or using “Sun Day Carwash” or derivative terms in domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Sun Day Carwash domains, trademarks, taglines, promotional campaigns, or Website Content; or (d) attempt to gain unauthorized access to other computer systems through the Site.

You shall not: (i) engage in spidering, spamming, phishing, pharming, crawling, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of Sun Day Carwash’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law, rule, regulation, order or similar. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

Sun Day Carwash reserves the right, but shall not have any obligation, to monitor and/or review materials or content, in whole or in part, submitted through the Site’s services or features by users, and Sun Day Carwash is not responsible for any such materials submitted by users. However, Sun Day Carwash reserves the right at all times to disclose any information as necessary to satisfy any law, rule, order, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Sun Day Carwash’s sole an exclusive discretion are objectionable or in violation of these Terms of Use, Sun Day Carwash’s policies or applicable law. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty of any kind if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use, or applicable law, or for any other reason without notice of liability.

You hereby agree to defend, indemnify and hold the Protected Parties (as defined below) harmless from and against any and all claims, liabilities, penalties, causes of action, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, relating to or arising in any way from: (i) your use of the Site or any Website Content: (ii) your placement or transmission of any message, content, information, software or other materials through the Site; or (iii) your breach or violation of any law, rule, regulation or order, or of any term or condition of these Terms of Use. Sun Day Carwash hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sun Day Carwash’s defense of such claim in every reasonable and lawful way requested by Sun Day Sun Day.

You may be able to link from the Site to third party websites and third party websites may link to the Site (collectively, “Linked Sites”). You acknowledge and agree that we have no liability, control or responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Sun Day Carwash. Links to Linked Sites do not constitute an endorsement, affiliation or sponsorship by us of such websites or the information, access, content, products, services, advertising, code or other materials presented on or through such websites. In addition, Sun Day Carwash is not responsible or liable for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website, including, without limitation, any Linked Sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the applicable contact, below:

Information that must be submitted:‍

• Your address, telephone number, and e-mail address;

• A description of the copyrighted work that you claim has been infringed;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notifications of claimed infringement to: questions@sundaycarwash.com.

The site, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, and with all faults and defects, without warranty of any kind, either express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and sun day carwash hereby disclaims any and all such warranties, express or implied. Sun day carwash does not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Sun day carwash makes no warranty that the site will meet users’ requirements. Advice, results or information, whether oral or written, obtained by you from sun day carwash or through the site shall not create any warranty not expressly made herein. Sun day carwash also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site.

If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

We reserve the right to change or make corrections to any of the information provided on the site, including, without limitation, any web content, at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site.

In no event shall sun day carwash, or any of its members, managers, directors, officers, employees, agents, advisors, successors, assigns or content or service providers (collectively, the “protected parties”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the web content, materials or functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected party has been advised of the possibility of such damages.
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Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the protected parties’ liability shall be limited to the maximum extent permitted by law.
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In no event shall the protected parties be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected parties to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to sun day carwash for your use of the site or purchase of products via the site.

You expressly agree that your use of or inability to use the Site is at your own risk. Users of the Site must be either 18 years of age or older, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. This Site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning, if Sun Day Carwash discovers that a user is under 18 years of age. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, rules, regulations and orders, if and to the extent the same are applicable.

Sun Day Carwash may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time, and from time to time, in its sole and exclusive discretion. Sun Day Carwash may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of these Terms of Use or applicable law, rule, regulation or order, or for any other reason without notice or liability.

These Terms of Use and any separate agreements whereby we provide you access to the Site shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles or any laws that would provide the application of the law of another jurisdiction other than Washington. You hereby knowingly and irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, the King County Superior Court located in Seattle, Washington (USA) and the federal courts located in the Western District of Washington (USA) in such legal action or proceeding. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms of Use and shall not be referenced or applied.  

These Terms of Use are prepared and executed in the English language only and any translations of these Terms to any other languages shall have no effect. All proceedings related to these Terms of Use will be conducted in the English language. Each of us agrees that we will not bring a claim under the Terms of Use more than two (2) years after the time that the claim accrued.

Sun Day Carwash reserves the right, at its sole discretion, to change, modify, alter, supersede, replace add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.

Questions about these Terms of Use should be sent to us at questions@sundaycarwash.com.  These Terms of Use were last reviewed and updated on June 17, 2022.