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Clearwave Car Wash Terms and Conditions of Service

Effective Date: 9/1/2024

Welcome to Clearwave Car Wash. These Terms and Conditions of Service (“Terms”) govern your access to and use of services provided by Clearwave Management LLC (“Clearwave,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please refrain from using our services.

1. Acceptance of Terms

By using Clearwave’s services, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional guidelines, rules, or terms posted on our website or premises.

2. Services Provided

Clearwave offers a range of car wash services, including single washes, unlimited wash memberships, gift cards, and promotional offers. All services are subject to these Terms.

3. Unlimited Wash Membership Terms and Conditions

3.1 General Terms

  • Personal Use Only: Memberships are intended for personal, non-commercial use. Commercial vehicles, including taxis, rideshares, limousines, and delivery vehicles, are excluded unless specifically authorized.

  • Vehicle Registration: Membership is valid for one specific vehicle, identified by its license plate number and/or a Clearwave-issued RFID tag or windshield sticker.

  • Transferability: Memberships are non-transferable between vehicles or individuals without prior written consent from Clearwave.

  • Membership Card or Tag: You are responsible for the RFID tag or membership card issued to you. Lost or damaged tags may incur a replacement fee.

3.2 Payment Terms

  • Recurring Billing: Membership fees will be automatically charged to your designated credit or debit card on a monthly basis on the anniversary date of your enrollment.

  • Authorization: By signing up for an unlimited membership plan you acknowledge that you have read, understood, and agree to be bound by the following Automatic Recharge Authorization terms. You agree that Clearwave will charge your credit card account on a monthly basis for the plan. You understand and agree that the automatic recharge begins on the date you sign up for the plan. Your credit card will be auto drafted on that same date each month until a cancellation request is received. You may cancel anytime via ClearWaveCarwash.com or in person. You must cancel 48 hours prior to the next billing date to avoid being charged for a subsequent renewal. No refunds will be given.

  • Payment Failures: If a payment is declined, we may suspend your membership until payment is received. You are responsible for updating your payment information to keep your account current.

  • Price Changes: Clearwave reserves the right to adjust pricing with at least thirty (30) days’ notice to members. Notifications may be sent via email or posted on our website.

3.3 Cancellation and Termination

  • Member Cancellation: You may cancel your membership at any time by providing at least 48 hours notice before your next billing date. Cancellations can be made in person at any Clearwave location, through our website, or by contacting customer service.

  • Clearwave Termination: We reserve the right to terminate or suspend memberships for any reason, including but not limited to violation of these Terms, misuse of services, or fraudulent activity.

  • Effect of Cancellation: Upon cancellation, all membership benefits will cease at the end of the current billing cycle. No prorated refunds will be issued.

3.4 Refunds

  • No Partial Refunds: No refunds or credits will be issued for partial months or unused services.

  • Overcharges and Errors: In the event of billing errors or overcharges, refunds will be processed back to the original payment method within a reasonable time frame.

3.5 Reactivation

  • Reactivation of Membership: If you wish to reactivate a canceled membership, you may do so by contacting customer service. Reactivated memberships may be subject to current rates and terms.

4. Non-Membership Services

4.1 Single Wash Purchases

  • Validity: Single wash purchases are valid only on the date of purchase unless otherwise specified.

  • Expiration: Promotional washes, coupons, or vouchers may have an expiration date, as indicated at the time of issuance.

4.2 Gift Cards and Prepaid Washes

  • Redemption: Gift cards and prepaid washes are redeemable for services and products at Clearwave locations.

  • Non-Redeemable for Cash: Gift cards cannot be exchanged for cash or used to purchase other gift cards unless required by law.

  • Expiration and Fees: Gift cards do not expire, and no inactivity or service fees apply.

4.3 Promotions and Discounts

  • Terms of Use: Promotional offers, discounts, and coupons are subject to the specific terms and conditions stated at the time of the offer.

  • Limitations: Promotions cannot be combined with other offers unless expressly stated. Clearwave reserves the right to modify or cancel promotions at any time.

5. Vehicle Requirements and Liability

5.1 Vehicle Condition

  • Proper Working Order: Vehicles must be in good working condition and suitable for automated car wash services. Clearwave is not responsible for damage resulting from pre-existing conditions or faulty equipment.

  • Modifications and Accessories: We are not liable for damage to non-standard, aftermarket, or dealer-installed accessories, including but not limited to antennas, roof racks, spoilers, lights, or custom paintwork.

5.2 Height, Width, and Clearance Restrictions

  • Compliance: Vehicles must comply with posted height, width, and clearance restrictions. Oversized or improperly modified vehicles may be denied service for safety reasons.

5.3 Damage and Claims

  • Damage Claims: Any claims for damage must be reported to a Clearwave employee immediately and before leaving the premises. Failure to do so may result in denial of the claim.

  • Investigation: Clearwave reserves the right to investigate any damage claims. You may be required to provide proof of the alleged damage and allow us to inspect the vehicle.

  • Exclusions: We are not responsible for personal items left in the vehicle, pre-existing conditions, or mechanical issues unrelated to the car wash process.

5.4 Assumption of Risk

  • Acknowledgment: By using our services, you acknowledge and accept the inherent risks associated with automated car wash systems.

6. Limitation of Liability

  • Indirect Damages: Clearwave shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of our services.

  • Total Liability: Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the amount paid by you for the services in the twelve (12) months preceding the incident.

7. Indemnification

You agree to indemnify, defend, and hold harmless Clearwave, its affiliates, officers, directors, employees, agents, and contractors from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of our services or any violation of these Terms.

8. Privacy Policy

Your use of our services is also governed by our Privacy Policy, which details how we collect, use, disclose, and protect your personal information. By using our services, you consent to the collection and use of information as outlined in the Privacy Policy.

9. Intellectual Property Rights

All content on our website, marketing materials, and premises—including but not limited to text, graphics, logos, images, and software—is the property of Clearwave or its licensors and is protected by intellectual property laws. Unauthorized use is prohibited.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Kane County, Illinois, for the resolution of any disputes.

11. Dispute Resolution and Arbitration

  • Arbitration Agreement: Any disputes arising from these Terms or our services shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

  • Location: Arbitration will take place in St. Charles, Illinois.

  • Waiver of Class Actions: You agree to resolve disputes on an individual basis and waive the right to participate in a class action lawsuit or class-wide arbitration.

12. Changes to Terms

Clearwave reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website or otherwise notifying you. It is your responsibility to review these Terms periodically. Continued use of services constitutes acceptance of revised Terms.

13. Suspension and Termination of Services

  • Right to Suspend: Clearwave reserves the right to suspend or terminate your access to services without notice for conduct that we believe violates these Terms or is harmful to other customers, our business interests, or our reputation.

  • No Liability: We shall not be liable to you or any third party for any suspension or termination of your access to our services.

14. Force Majeure

We are not liable for failure to perform any obligation under these Terms if such failure is due to causes beyond our reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, civil disturbances, or governmental actions.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, along with any additional terms and conditions incorporated herein or referred to herein, constitute the entire agreement between you and Clearwave concerning our services and supersede all prior agreements.

17. Waiver

The failure of Clearwave to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Electronic Communications and Signature Consent

  • Electronic Communications: By providing your contact information, you consent to receive electronic communications from us, including promotional materials, account updates, and legal notices.

  • Electronic Signature: Your electronic acceptance of these Terms constitutes your signature and agreement thereto as if signed by you in writing.

  • Opt-Out: You may opt-out of receiving promotional communications by following the unsubscribe instructions provided in the communications.

19. Prohibited Uses

You agree not to use our services for any unlawful or prohibited activities, including but not limited to:

  • Violation of Laws: Engaging in activities that violate any applicable laws or regulations.

  • Harmful Conduct: Uploading or transmitting viruses or any other malicious code.

  • Interference: Interfering with or disrupting the operation of our services or the servers or networks used to make our services available.

20. Third-Party Links and Services

Our website or premises may contain links to third-party websites or services that are not owned or controlled by Clearwave. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

21. Disclaimer of Warranties

  • “As Is” Basis: Our services are provided “as is” and “as available” without warranties of any kind, either express or implied.

  • No Warranty: Clearwave disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

22. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

23. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Clearwave Car Wash

Clearwave Management LLC
1639 E. Main St
St. Charles, IL 60174
Email: info@clearwavecarwash.com

Thank you for choosing Clearwave Car Wash. We appreciate your business and are committed to providing you with exceptional service.

Come try a premium express car wash at the Clearwave nearest you today!