Last Updated: 03/02/2024
The www.SpiffysCarWash.com website (the "Site") is a service of McCullum Enterprises, an Alabama limited liability corporation ("Spiffy's Car Wash"). These Spiffy's Car Wash Terms of Use ("Terms of Use") set forth the terms and conditions applicable to your access and use of the Site, however accessed and/or used, whether via personal computer, mobile device, or otherwise.
BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 6 AND 8 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. YOUR CONTINUED ACCESS AND/OR USE OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.
Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable and limited license to access and use the Site solely to purchase Spiffy's Car Wash products and services, establish and maintain a Spiffy's Car Wash user account, view Spiffy's Car Wash offers and opportunities, apply for employment, submit a fundraiser application, and apply for donations. You agree not to access or use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site.
You may print a single copy of any information displayed or transmitted on the Site (collectively, "Content") that you are authorized to access, provided that you: (a) do not remove any notices or other information contained on such Content, and (b) strictly comply with the provisions of the Terms of Use, including without limitation, Section 1.3 below.
Other than printing a single copy of particular Content as provided in Section 1.2 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, distribute, perform or display any Content without first receiving our express written permission. You further agree not to, without first obtaining our express written permission:
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user's experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site.
If we issue a username and password to you in connection with your use of the Site or any portion thereof (an "Account"), you will be considered a Registered User. Certain portions of the Site may be accessible only to Registered Users. If you are a Registered User, you may not authorize, permit, or otherwise allow any third party to access and/or use your username, password, or Account on your behalf. You agree to notify us immediately of any unauthorized use of your username, password, or Account.
Spiffy's Car Wash refers you to its Payment Terms and Conditions as well as its Clean Car Club Terms and Conditions for payment conditions. If you have any other questions, please contact us at team@spiffyscarwash.com.
We may, in our sole discretion, terminate or suspend your Account and/or your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Site is terminated or suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly.
You agree that all information provided to us will be true, accurate, current, and complete. By uploading or otherwise submitting information to the Site ("User Information"), you shall be deemed to (a) grant to Spiffy's Car Wash a non-exclusive, royalty-free, sublicensable license to use, reproduce, create derivative works from, store, transmit, perform, display, sell, publish, broadcast, modify, or distribute such User Information for the purposes specified in these Terms of Use, (b) grant to Spiffy's Car Wash a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use and exploit your name, persona, and personal information, without any obligation to you; and (c) represent and warrant that you have the right to upload or submit such User Information.
If you provide any comments, ideas, suggestions, or other feedback to us regarding the Site (collectively, "Feedback"), such Feedback shall be owned exclusively by Spiffy's Car Wash.
Spiffy's Car Wash has the right, but not the obligation, at any time and without prior notice, to refuse, remove or disable any content, including your User Information, that is available via the Site that Spiffy's Car Wash deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable.
You agree not to provide User Information that contains vulgar, profane, abusive, or hateful language; is defamatory, threatening, or misleading; violates or infringes any right of Spiffy's Car Wash or any third party; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability; violates any applicable law; or includes viruses or other harmful files.
We may provide hyperlinks to other web sites and Internet resources operated by parties other than Spiffy's Car Wash. Such hyperlinks are provided for your reference only. Spiffy's Car Wash is not responsible or liable for any content, advertising, or other materials available through third-party web sites.
We welcome links to the Site from other web sites. If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand.
Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Spiffy's Car Wash and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part. www.SpiffysCarWash.com and all related logos are either trademarks or registered trademarks of Spiffy's Car Wash or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Spiffy's Car Wash respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent. Spiffy's Car Wash may terminate your use and access to the Site if Spiffy's Car Wash believes that you are infringing the intellectual property rights of others.
THE SITE IS PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS, VENDORS, AND PARTNERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
You hereby agree to indemnify and hold harmless Spiffy's Car Wash and its affiliates, officers, directors, employees, shareholders, information providers, suppliers, and licensees from and against any and all liability and costs, including reasonable attorney's fees, incurred in connection with any claim arising out of or related to (a) your access and/or use of the Site, (b) any breach of these Terms of Use by you, (c) your User Information, and/or (d) any allegation which, if true, would constitute a breach of these Terms of Use by you.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SPIFFY'S CAR WASH AND/OR ITS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING DAMAGES FOR LOSS OF PROFITS. IN ALL EVENTS, SPIFFY'S CAR WASH'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATER OF (Y) $5.00, OR (Z) THE SUM OF FEES PAID BY YOU HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE APPLICABLE CLAIM FIRST ARISES.
In the event that you have a dispute with any person or entity arising from your use of the Site, you release Spiffy's Car Wash (and its officers, directors, agents, affiliates, suppliers, and employees) from claims, demands, and damages of every kind and nature arising out of, or in any way connected with, such dispute.
We may modify, suspend, discontinue, and/or restrict the use of all or any portion of the Site at any time for any reason and without notice or liability.
By using this Site, you consent to Spiffy's Car Wash's Privacy Policy.
These Terms of Use, and all matters arising out of or relating to the Site, shall be governed by the laws of the United States and the State of Alabama, without giving effect to the conflict of law provisions thereof. In the event you desire to initiate any suit against Spiffy's Car Wash arising out of or relating to the Site and/or these Terms of Use, you agree to bring such suit in the federal courts sitting in Tuscaloosa, Alabama, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Tuscaloosa County, Alabama.
These Terms of Use contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Site.
You may not transfer any rights or obligations you may have to your Account or under these Terms of Use without our prior written consent. We may transfer our rights under these Terms of Use without your consent.
If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect.
You agree that any cause of action arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.