SWEET PEA’S WASH WORKS

MONTHLY UNLIMITED CAR WASH CLUB TERMS AND CONDITIONS

Sweet Pea’s Wash Works offers the Monthly Unlimited Car Wash Club (the “Club”) that allows members to subscribe for a membership plan specifying a level of car wash services at our car wash locations. The recurring monthly fee depends on the membership plan purchased for each vehicle. By providing a Payment Method (defined below) or otherwise utilizing the services, you are accepting these Terms and Conditions (the “Terms”) and agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your membership plan per the procedure outlined herein “Cancellation.”

1. Plans. We offer the following plans: Quick—Soft Touch, Turbo Blow Dry, Spot Free Rinse; Clean—Wheel Cleaning, Under Carriage; Protect—Triple Foam Protectant, Total Surface Protectant, Under Car Protectant; and Sweet Pea’s Shine—Hot & Wax Shine, Tire Shine. We reserve the right to change the offered plans or fees in any manner, and at any time, as we may determine in our sole discretion; provided, however, that any material changes to your plan or any increase to your fees will take effect thirty (30) days after being posted on the website. If there is a price increase, and you do not cancel before the next payment is collected, you will continue to be enrolled in the Plan and charged the higher price. A currently paid membership plan allows the vehicle identified with the Club unlimited services, within the specified plan, at any Sweet Pea’s location.

2. How it Works. Once you enroll in the Club, your license plate information will be stored in our system and our license plate reader will allow your vehicle to enter the car wash automatically.  Each time you go through, we will track your service. As a member, you may upgrade to a different wash and pay the difference at the time of wash.

3. Single Vehicle, Personal Use Only. Each membership plan is for a single vehicle only. Two vehicles may not share a membership. If you obtain a new vehicle, please let us know and we will change your enrollment information. If a vehicle is lost or stolen, you must promptly deactivate your membership plan, or others may access the membership through your account and may be able to access certain of your account information.

4. Payment. The membership plan for each vehicle will commence with your delivery of a current, valid debit or credit card, as may be updated from time to time (“Payment Method”) to Sweet Pea’s. Each month, on the anniversary date or nearest date depending on the number of days in any given month, your credit card will be automatically charged and we will continue to bill you until you tell us to stop. 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 Club 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. We have no responsibility or liability if your Payment Method is declined by your financial institution. 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 are at our sole and absolute discretion in accordance with applicable law.

5. Auto-Renewal. You are signing up for a subscription service, which includes recurring monthly billing.

6. Cancellation; Reactivation.  You may cancel your membership, at any time, up to 24 hours before your scheduled billing day, and your card will not be charged for the next month. You will not be entitled to any prorated refund, but you will still be able to use your membership until the end of the current billing period. If you would like to re-enroll, you can do so at any time, with the understanding that you are enrolling under the terms and conditions valid at the time of re-enrollment.

7. Membership Account. The person who registered with the Club 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 Club membership, you must be 18 years of age. Individuals under the age of 18 must use the Club membership of a parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide us with that information.

8. Changing Plans. You may change your plan any time during the month, up to 24 hours before your scheduled billing day. You will be billed for the new plan as of the renewal date and will receive service according to the new plan immediately. If you change plans in the middle of the month, you will be charged a prorated amount only if you upgrade your subscription. If you downgrade your subscription, you will not get any prorated refund, so you should schedule any downgrade as close to the end of your billing cycle as possible.

9. Communication Preferences. We will send you information relating to your membership account in electronic form only, for example via emails to the email address you provided or via text messages to the cell telephone number you provided. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. We will communicate with you via text messages. Your carrier’s standard message rates will apply to any message you send us, your receipt of confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider. We 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 may use this information to contact you. We will send you promotional messages via text.  You may opt-out of receiving promotional messages, via text message, at any time by contacting us directly. Maximum number of messages per month will vary.

10. Compliance with Law. You, and anyone for whom you purchase a membership, agree to use the plan(s) in accordance with all applicable laws, rules and regulations. We 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 membership plan(s).

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

12. Terms of Service. The services provided as “as is” and “as available” with all faults and without warranty of any kind (express of implied). We do not guarantee, represent or warrant that all services will be available at all locations. We reserve the right to limit participation to certain locations or to certain operating hours of the day. We reserve the right to open, close, terminate, and relocate locations at any time. We do not represent that the services are suitable for your vehicle(s). We specifically disclaim liability for damage to your vehicle(s) with respect to the following: (a) Bug shields; (b) Non-operating power antennas; (c) Loose molding, racks, etc.; (d) Non-factory installed accessories; (e) After-market wheels; (f) Other pre-existing conditions; (g) All unsecured personal items; (h) Driver negligence; (i) Electronic running boards left down; (j) Windshields; and/or (k) Automatic windshield wipers left on.

13. DISCLAIMER OF LIABILITY. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OR OUR AFFILIATE OR SUBSIDIARIES OR ANY OF OUR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“SWEET PEA’S PARTIES”) BE LIABLE (JOINTLY 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 SWEET PEA’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SWEET PEA’S 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 MEMBERSHIP AND 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.

14. Indemnification. You will indemnify, defend, and hold harmless Sweet Pea’s 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 Club, 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.

15. Dispute Resolution. Any dispute, claim or controversy of any nature arising out of or relating in any way to the Club and/or these Terms, including without limitation the interpretation, validity, scope, or applicability of these Terms (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 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. Any arbitration that you file must be initiated within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed 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. The place of arbitration shall be in Pittsburgh, Pennsylvania, unless otherwise agreed to in writing by all parties to the arbitration. Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of our intellectual property or other proprietary rights, we 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.

16. Survival; Severability. 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.

17. Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both we 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.

18. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions.

19. Feedback.  We are 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 through postings to our website 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 creating, modifying or improving the Club.

20. Changes to Terms.  We may, from time to time, change 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 to our website.

21. Assignment. We may assign our rights and delegate our 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 our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Sweet Pea’s, except that our affiliates are third-party beneficiaries of these Terms.

22. Privacy Policy. These Terms, including our Privacy Policy, are the entire agreement between you and Sweet Pea’s with respect to the Club.

23. Non-Waiver. Our 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 Sweet Pea’s.

Privacy Policy

This Privacy Policy (“Policy”) describes the Personal Information collected by or on behalf of Sweet Pea’s Wash Work and its subsidiaries (“Sweet Pea’s,” “we,” “us,” or “our”) and their service providers through this website (“Site”) or our other information systems, and how Personal Information is used, shared and protected.

1. We may collect the following categories of Personal Information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information“): (a) Identifiers such as: a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address (“IP Address“), email address, phone number or other similar identifiers; (b) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories; (c) Any of the following types of information: bank account number, credit card number, debit card number, signature, physical characteristics or description, telephone number, state identification number, health insurance number, insurance policy number, and any other financial information or medical information; (d) Characteristics of protected classifications under applicable law such as: age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information); (e) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (f) Biometric information such as fingerprints; (g) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement; (h) Geolocation data; (i) Audio, electronic, visual, thermal, olfactory, or similar information; (j) Professional or employment-related information; (k) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99); and (l) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer or reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

2. We may collect Personal Information from the following categories of sources: (a) Information Collected Through the Website. We may collect Personal Information that you provide directly to us.  Personal Information is required to use certain Site features, for example, to submit certain requests via the website, to contact us via email, phone, or our Personal Information Request form (where we may retain your message’s content and our response), submit job application materials, receive or request data from us (e.g., catalogs and newsletters), and respond to communications from us (e.g., surveys and promotional offers); (b) Applications. We may collect Personal Information provided to us through applications for jobs, certain employee benefit opportunities, and other programs. This information may include your name, email, work history, education history, address, or other information related to the specific application. Data collected via applications will be used to (i) make decisions regarding applications and (ii) keep a record of previous applications; (c) Membership Requests. In order to make a request regarding your membership, you must provide certain data about your membership, including your name, state of residence, membership number, email address, phone number, and other Personal Information related to your membership. Data collected regarding a membership request will be used to identify your membership and complete your request; (d) Marketing Communications; Opt-Out. If you opt-in to receive marketing communications from us, you must submit your name, email, and/or phone number. We may use this data to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt-out of such emails by using the unsubscribe link in the email.  To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions; and/or (e) We may offer sweepstakes or contests. To participate you must submit certain data, which may include your name, email, employer name and type, phone number, physical address, work address and other Personal Information related to the contest. Data collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with third-party vendors, and (iii) subject to additional terms provided to you at such time. We may also collect Personal Information automatically from you when you access our Site.  For example, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on on the Site, IP address, location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site. We may collect information about your use of the Site through cookies and similar technology. A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. For example, we may use these technologies to collect information about the ways visitors use our Site, to support the features and functionality of our Site, and to personalize your experience when you use our Site. We may obtain data about individuals from various third-party companies, such as our liability insurance carriers, and public sources and we may combine that data with Personal Information or other data we collect. This enhances our existing data about our users, improves our ability to contact users, and enhances our marketing capabilities.

3. We may use Personal Information for Business Purposes. “Business Purpose” means the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected. Business purposes are: (a) Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards; (b) Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; (c) Debugging to identify and repair errors that impair existing intended functionality; (d) Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; (e) Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider; (f) Undertaking internal research for technological development and demonstration; and/or (g) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

4. We may share Personal Information with the following categories of third parties: (a) Employees and Affiliates. We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes.; (b) Third-Party Service Providers. We may share Personal Information with our third-party service providers, suppliers, consultants, agents, partners and representatives that provide services for us, with whom we have contracted with to protect such Personal Information.  For example, we may share Personal Information with service providers to help us host and manage the Site; provide targeted advertising and other marketing; improve the content and functionality of the Site; perform data analysis and statistical analysis; troubleshoot problems with the Site; provide payment processing services and online storefronts; provide public relations; provide learning management systems; provide email services; provide data processing; and support or provide the security of the Site; (c) Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information:  (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Sweet Pea’s or any other party; (d) Professional Advisors. We may share Personal Information with certain service providers that are our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Sweet Pea’s; (e) Other Users. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates to, in order to facilitate a prompt resolution of the copyright infringement claim; (f) Change in Ownership. In the event Sweet Pea’s is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s); and/or (g) Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure). We do not sell Personal Information.

5. Sweet Pea’s may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Sweet Pea’s is the sole and exclusive owner of such de-identified and aggregated information, including if Sweet Pea’s de-identifies Personal Information so that it no longer is capable of identifying an individual.

6. We do not knowingly collect, use, or share Personal Information from children under 16. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

7. We are active on social media, including Facebook, YouTube, Twitter, Instagram and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and/or our Social Media pages any comments or content that you post on our Social Media pages. You agree to hold Sweet Pea’s and its affiliates harmless and without liability for the results of any and all content you post on Sweet Pea’s Social Media. Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

8. We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law. You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

9. If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required in other jurisdictions.

10. We may link to, or be linked to, websites not controlled by us. We are not responsible for third-parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

11. California Residents Privacy Rights. Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, you may exercise the following rights with regard to your Personal Information: Right to Access and Portability.  You have a right to make a verifiable consumer request in order to access any of the following which occurred in the prior 12 month period: (a) The categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, and (e) the specific pieces of Personal Information we collected from you (i.e. data portability).  You also have a right to access a list of categories of Personal Information we disclosed for a Business Purpose in the last 12 months. Right to Deletion.  You have a right to make a verifiable consumer request that we delete Personal Information we collected from you.  We will comply with such requests, subject to certain exceptions permitted by applicable law. To exercise your rights described in this Policy, you may contact us per the “Contact Us” Section below. You may only make verifiable consumer requests to exercise your rights on behalf of yourself.  A parent or legal guardian may make a request on behalf of their child.  If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will try to respond to your request within 45 days.  If we require additional time, we will inform you of the reason and extension period.  Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you.

SWEET PEA’S WASH WORKS

PRE-PAID 6 MONTH UNLIMITED CAR WASH CLUB TERMS AND CONDITIONS

Sweet Pea’s Wash Works offers the Pre-Paid 6 Month Unlimited Car Wash Club (the “Club”) that allows members to subscribe for a membership plan specifying a level of car wash services at our car wash locations. The 6 month fee depends on the membership plan purchased for each vehicle. By providing a cash payment or otherwise utilizing the services, you are accepting these Terms and Conditions (the “Terms”) and agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your membership plan per the procedure outlined herein “Cancellation.”

1. Plans. We offer the following plans: Quick—Soft Touch, Turbo Blow Dry, Spot Free Rinse; Clean—Wheel Cleaning, Under Carriage; Protect—Triple Foam Protectant, Total Surface Protectant, Under Car Protectant; and Sweet Pea’s Shine—Hot & Wax Shine, Tire Shine. We reserve the right to change the offered plans or fees in any manner, and at any time, as we may determine in our sole discretion; provided, however, that any material changes to your plan or any increase to your fees will take effect after current the 6 month plan expires. A currently paid membership plan allows the vehicle identified with the Club unlimited services, within the specified plan, at any Sweet Pea’s location.

2. How it Works. Once you enroll in the Club, your license plate information will be stored in our system and our license plate reader will allow your vehicle to enter the car wash automatically.  Each time you go through, we will track your service. As a member, you may upgrade to a different wash and pay the difference over the 6 month total.

3. Single Vehicle, Personal Use Only. Each membership plan is for a single vehicle only. Two vehicles may not share a membership. If you obtain a new vehicle, please let us know and we will change your enrollment information. If a vehicle is lost or stolen, you must promptly deactivate your membership plan, or others may access the membership through your account and may be able to access certain of your account information.

4. Payment. The membership plan for each vehicle will commence with your delivery of cash or credit payment for the total of 6 months of membership. Your plan will expire after 6 months which will require you to resign up for an additional six months on location with car wash attendant. 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 are at our sole and absolute discretion in accordance with applicable law.

5. Renewal. Unlike our monthly plans, Pre-Paid plans are not recurring.

6. Cancellation; Reactivation.  You may cancel your membership, at any time, and you will receive a partial refund based on the number of months left on your plan. If you would like to re-enroll, you can do so at any time, with the understanding that you are enrolling under the terms and conditions valid at the time of re-enrollment.

7. Membership Account. The person who registered with the Club 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 Club membership, you must be 18 years of age. Individuals under the age of 18 must use the Club membership of a parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide us with that information.

8. Changing Plans. You may change your plan any time during the 6 month period, up to 24 hours before your sign up anniversary date. You will be required to pay for the full value difference in order to upgrade. If you downgrade your subscription, you will get a partial refund based on the plan and number of months left on your 6 month plan.

9. Communication Preferences. We will send you information relating to your membership account in electronic form only, for example via emails to the email address you provided or via text messages to the cell telephone number you provided. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. We will communicate with you via text messages. Your carrier’s standard message rates will apply to any message you send us, your receipt of confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider. We 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 may use this information to contact you. We will send you promotional messages via text.  You may opt-out of receiving promotional messages, via text message, at any time by contacting us directly. Maximum number of messages per month will vary.

10. Compliance with Law. You, and anyone for whom you purchase a membership, agree to use the plan(s) in accordance with all applicable laws, rules and regulations. We 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 membership plan(s).

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

12. Terms of Service. The services provided as “as is” and “as available” with all faults and without warranty of any kind (express of implied). We do not guarantee, represent or warrant that all services will be available at all locations. We reserve the right to limit participation to certain locations or to certain operating hours of the day. We reserve the right to open, close, terminate, and relocate locations at any time. We do not represent that the services are suitable for your vehicle(s). We specifically disclaim liability for damage to your vehicle(s) with respect to the following: (a) Bug shields; (b) Non-operating power antennas; (c) Loose molding, racks, etc.; (d) Non-factory installed accessories; (e) After-market wheels; (f) Other pre-existing conditions; (g) All unsecured personal items; (h) Driver negligence; (i) Electronic running boards left down; (j) Windshields; and/or (k) Automatic windshield wipers left on.

13. DISCLAIMER OF LIABILITY. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OR OUR AFFILIATE OR SUBSIDIARIES OR ANY OF OUR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“SWEET PEA’S PARTIES”) BE LIABLE (JOINTLY 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 SWEET PEA’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SWEET PEA’S 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 MEMBERSHIP AND 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.

14. Indemnification. You will indemnify, defend, and hold harmless Sweet Pea’s 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 Club, 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.

15. Dispute Resolution. Any dispute, claim or controversy of any nature arising out of or relating in any way to the Club and/or these Terms, including without limitation the interpretation, validity, scope, or applicability of these Terms (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 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. Any arbitration that you file must be initiated within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed 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. The place of arbitration shall be in Pittsburgh, Pennsylvania, unless otherwise agreed to in writing by all parties to the arbitration. Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of our intellectual property or other proprietary rights, we 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.

16. Survival; Severability. 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.

17. Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both we 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.

18. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions.

19. Feedback.  We are 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 through postings to our website 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 creating, modifying or improving the Club.

20. Changes to Terms.  We may, from time to time, change 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 to our website.

21. Assignment. We may assign our rights and delegate our 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 our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Sweet Pea’s, except that our affiliates are third-party beneficiaries of these Terms.

22. Privacy Policy. These Terms, including our Privacy Policy, are the entire agreement between you and Sweet Pea’s with respect to the Club.

23. Non-Waiver. Our 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 Sweet Pea’s.

Privacy Policy

This Privacy Policy (“Policy”) describes the Personal Information collected by or on behalf of Sweet Pea’s Wash Work and its subsidiaries (“Sweet Pea’s,” “we,” “us,” or “our”) and their service providers through this website (“Site”) or our other information systems, and how Personal Information is used, shared and protected.

1. We may collect the following categories of Personal Information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information“): (a) Identifiers such as: a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address (“IP Address“), email address, phone number or other similar identifiers; (b) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories; (c) Any of the following types of information: bank account number, credit card number, debit card number, signature, physical characteristics or description, telephone number, state identification number, health insurance number, insurance policy number, and any other financial information or medical information; (d) Characteristics of protected classifications under applicable law such as: age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information); (e) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (f) Biometric information such as fingerprints; (g) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement; (h) Geolocation data; (i) Audio, electronic, visual, thermal, olfactory, or similar information; (j) Professional or employment-related information; (k) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99); and (l) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer or reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

2. We may collect Personal Information from the following categories of sources: (a) Information Collected Through the Website. We may collect Personal Information that you provide directly to us.  Personal Information is required to use certain Site features, for example, to submit certain requests via the website, to contact us via email, phone, or our Personal Information Request form (where we may retain your message’s content and our response), submit job application materials, receive or request data from us (e.g., catalogs and newsletters), and respond to communications from us (e.g., surveys and promotional offers); (b) Applications. We may collect Personal Information provided to us through applications for jobs, certain employee benefit opportunities, and other programs. This information may include your name, email, work history, education history, address, or other information related to the specific application. Data collected via applications will be used to (i) make decisions regarding applications and (ii) keep a record of previous applications; (c) Membership Requests. In order to make a request regarding your membership, you must provide certain data about your membership, including your name, state of residence, membership number, email address, phone number, and other Personal Information related to your membership. Data collected regarding a membership request will be used to identify your membership and complete your request; (d) Marketing Communications; Opt-Out. If you opt-in to receive marketing communications from us, you must submit your name, email, and/or phone number. We may use this data to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt-out of such emails by using the unsubscribe link in the email.  To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions; and/or (e) We may offer sweepstakes or contests. To participate you must submit certain data, which may include your name, email, employer name and type, phone number, physical address, work address and other Personal Information related to the contest. Data collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with third-party vendors, and (iii) subject to additional terms provided to you at such time. We may also collect Personal Information automatically from you when you access our Site.  For example, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on on the Site, IP address, location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site. We may collect information about your use of the Site through cookies and similar technology. A “cookie” is a unique numeric code that we transfer to your computer so that we can keep track of your interests and/or preferences and recognize you as a return visitor to the websites. For example, we may use these technologies to collect information about the ways visitors use our Site, to support the features and functionality of our Site, and to personalize your experience when you use our Site. We may obtain data about individuals from various third-party companies, such as our liability insurance carriers, and public sources and we may combine that data with Personal Information or other data we collect. This enhances our existing data about our users, improves our ability to contact users, and enhances our marketing capabilities.

3. We may use Personal Information for Business Purposes. “Business Purpose” means the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes, provided that the use of personal information shall be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected. Business purposes are: (a) Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards; (b) Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; (c) Debugging to identify and repair errors that impair existing intended functionality; (d) Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; (e) Performing services on behalf of the business or service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider; (f) Undertaking internal research for technological development and demonstration; and/or (g) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

4. We may share Personal Information with the following categories of third parties: (a) Employees and Affiliates. We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes.; (b) Third-Party Service Providers. We may share Personal Information with our third-party service providers, suppliers, consultants, agents, partners and representatives that provide services for us, with whom we have contracted with to protect such Personal Information.  For example, we may share Personal Information with service providers to help us host and manage the Site; provide targeted advertising and other marketing; improve the content and functionality of the Site; perform data analysis and statistical analysis; troubleshoot problems with the Site; provide payment processing services and online storefronts; provide public relations; provide learning management systems; provide email services; provide data processing; and support or provide the security of the Site; (c) Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information:  (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Sweet Pea’s or any other party; (d) Professional Advisors. We may share Personal Information with certain service providers that are our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Sweet Pea’s; (e) Other Users. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates to, in order to facilitate a prompt resolution of the copyright infringement claim; (f) Change in Ownership. In the event Sweet Pea’s is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s); and/or (g) Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure). We do not sell Personal Information.

5. Sweet Pea’s may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Sweet Pea’s is the sole and exclusive owner of such de-identified and aggregated information, including if Sweet Pea’s de-identifies Personal Information so that it no longer is capable of identifying an individual.

6. We do not knowingly collect, use, or share Personal Information from children under 16. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

7. We are active on social media, including Facebook, YouTube, Twitter, Instagram and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and/or our Social Media pages any comments or content that you post on our Social Media pages. You agree to hold Sweet Pea’s and its affiliates harmless and without liability for the results of any and all content you post on Sweet Pea’s Social Media. Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

8. We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law. You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

9. If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required in other jurisdictions.

10. We may link to, or be linked to, websites not controlled by us. We are not responsible for third-parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

11. California Residents Privacy Rights. Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, you may exercise the following rights with regard to your Personal Information: Right to Access and Portability.  You have a right to make a verifiable consumer request in order to access any of the following which occurred in the prior 12 month period: (a) The categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, and (e) the specific pieces of Personal Information we collected from you (i.e. data portability).  You also have a right to access a list of categories of Personal Information we disclosed for a Business Purpose in the last 12 months. Right to Deletion.  You have a right to make a verifiable consumer request that we delete Personal Information we collected from you.  We will comply with such requests, subject to certain exceptions permitted by applicable law. To exercise your rights described in this Policy, you may contact us per the “Contact Us” Section below. You may only make verifiable consumer requests to exercise your rights on behalf of yourself.  A parent or legal guardian may make a request on behalf of their child.  If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will try to respond to your request within 45 days.  If we require additional time, we will inform you of the reason and extension period.  Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you.