These Terms of Use were last modified and are effective as of November 2, 2023.
The Hang10 web site and mobile application are provided by H10CW Franchise, LLC., a Delaware limited liability company (“Hang10,” “we,” “us”). By accessing and using the web site located at hang10carwash.com (the “Web Site”) or the Hang10 mobile application (“Application”), you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or use. You also acknowledge that Hang10 may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site or Application. If you do not agree to these Terms, do not use the Web Site or Application. As used in these Terms of Use, “we” includes Hang10 and its subsidiaries, affiliates, franchisees, and any third-party vendors we hire to assist in the administration of the Web Site and Application, payment processing, and the collection, cataloging and/or analysis of data.
The Web Site and Application are intended solely to:
Before using certain areas of the Web Site or Application (including the registration of your Account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms and any click-through agreement, the click-through agreement will govern.
In order to access or use the certain portions of the Web Site or Application, or register and/or subscribe for the Membership Program, you may be required to register and create an account (“Account”) with Hang10. Information gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Policy. You must be at least 18 years old to create an Account. Individuals under the age of 18 must use the Account of their parent or legal guardian. You represent that all information that you provide is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Web Site and Application. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to thirdparties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account. In the event of any such termination, you will no longer have access to the Web Site or Application.
No person under the age of eighteen (18) is authorized to access or use the Web Site or Application. User access to, and use of, the Web Site and Application is subject to all applicable laws and regulations. Use of the Web Site and Application is void where prohibited. By using the Web Site and Application, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms.
Hang10 grants you a limited, non-transferable right of access and use for non-commercial purposes the Web Site and Application. Such access shall enable you to use the Web Site and Application for informational purposes. This right of access shall not include any resale or commercial use of the Web Site, Application, or their contents; any derivative use of the Web Site, Application, or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hang10 or any of our affiliates, subsidiaries, or franchisees without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or Application. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site and/or Application at any time. You agree that we will not be liable to you for any such discontinuance or any modification of the Web Site and/or Application. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site or Application and may temporarily or permanently cease using the Web Site or Application without notice to Hang10. Any use of the Web Site, Application, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your Account and/or your right to use the Web Site, Application or any portion thereof.
Any rewards, offers, sweepstakes, contests, raffles, surveys, or other similar promotions (collectively, “Promotions”) made available through the Website or Application may be governed by rules and/or terms that are additional to these Terms. All offers on the Web Site and Application are void where prohibited by law. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Hang10 urges you to read the applicable Promotions terms, which are either included herein or linked to the particular Promotion page, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with any such Promotions.
The Membership Program is operated by Hang10 and is subject to the Membership Program terms and conditions (the “Membership Program Terms”). Eligibility is limited to persons residing in the United States, 18 years of age or older, who have a working mobile phone number, and register for an Account. The Membership Program is void where prohibited or otherwise restricted.
For purposes of these Terms, the term “Application” shall refer to and consist of the following: (i) the Hang10 software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; and (ii) any updates, modifications, or enhancements. You acknowledge that Hang10 may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using.
Hang10 may provide you the ability to purchase certain goods and services online from participating Hang10 retail locations (“Locations”). All online purchases are subject to the Online and POS Purchase Terms, as modified from time to time. These Terms only apply to purchases placed through the Web Site or Application. Online purchases may not be available through the Web Site or Application for all Locations, and some Locations do not offer all Hang10 goods and services. Images and descriptions of goods and services on the Web Site or Application may not be identical to what is available or that you may receive from a specific Location.
You are responsible for payment of your purchase by means of a payment method option made available through the Website or Application at the time of purchase. Before you complete any purchase, you must provide a valid form of accepted payment to use for your purchase. Hang10, or its authorized payment processor, will charge, and you authorize such party to charge, the payment method you specify in connection with your purchase request. The selected Location identified when you complete your purchase is solely responsible for providing the purchased goods or services and for any questions or other communications regarding your purchase.
You understand that the prices for goods and services displayed through the Web Site or Application may differ from the prices offered or published for the same goods and services at any individual Location, and Hang10 reserves the right to change the prices displayed through the Web Site or Application at any time. Prices for goods and services do not include applicable taxes and fees. Charges paid for completed purchases are final and non-refundable. Hang10 has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Any applicable taxes and fees due in connection with your purchase will be identified when you complete your purchase. Discounts, coupons, and other offers may not be able to be combined with purchases placed through the Web Site or Application. Please review the terms, conditions, restrictions, and eligibility requirements associated with any discounts, coupons, and offers before completing any purchase.
You agree to use the Web Site, the Application, and your Account in accordance with all applicable laws, rules, and regulations. We may cancel your Account if you violate applicable law, rules, or regulations, or these Terms. To the maximum extent permitted by applicable law, Hang10 may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account and use of the Web Site and Application, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account, you may not create another Account without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account to protect you or Hang10 from identity theft or other fraudulent or illegal activity. Except as required by applicable law, Hang10 is not liable to you for any such refusals, suspensions, deactivations, or terminations.
All content accessible via the Web Site and Application, and any materials made available for downloading, if any, are the property of Hang10 and/or its affiliates, subsidiaries, franchisees, or other third parties. The Web Site and Application and all portions of the Web Site and Application are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site and Application that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site and Application.
To the extent applicable, when accessing the Web Site and Application, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site and Application. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site and Application. All forms of indirect and so-called spoofed access are strictly prohibited.
Do not submit, post, or otherwise transmit via the Web Site and Application information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content, or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.
Any and all intellectual property rights associated with the Web Site and Application, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Hang10 or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site and Application in any way without the express written consent of Hang10 or the express written consent of the appropriate third party, as applicable. Except as provided herein, Hang10 does not grant to you any express or implied rights to Hang10 or any third party’s Intellectual Property.
Any personal information or other information about you collected by Hang10 through, or in connection with, the Web Site and Application is subject to our Privacy Policy. Hang10 Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, the Web Site and Application are designed for adults of legal age (18 years and over). For questions about our online privacy policy please refer to the Privacy Policy.
The Web Site and Application may provide or include links to other websites or resources. While Hang10 attempts to provide links only to third-party Web Sites that comply with all applicable laws and regulations and Hang10’s standards, please understand that the content on these third-party Web Sites is subject to change without notice to Hang10. Because we have no control over such sites and resources, you acknowledge and agree that Hang10 is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HANG10 SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Hang10 prohibits caching of any portion of the Web Site and Application and any unauthorized hypertext links to the Web Site and Application. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web Site to the Web Site and Application, you must contact Hang10 to discuss mutually agreeable terms for such hyperlink.
HANG10 MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND APPLICATION AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE AND APPLICATION, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. HANG10 DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND APPLICATION AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. HANG10 DOES NOT WARRANT THAT THE WEB SITE AND APPLICATION, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER HANG10, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE AND APPLICATION OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
HANG10 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 WEB SITE OR APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE OR APPLICATION. IN NO EVENT SHALL HANG10 BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE, APPLICATION, OR CONTENT FOUND THEREIN.
Although the Web Site and Application are accessible worldwide, not all information, goods or services discussed or referenced herein are available to all persons or in all geographic locations. Hang10 makes no representation that materials on the Web Site and Application are appropriate or available for use in other locations. Those who choose to access the Web Site and Application from other locations do so on their own initiative and are responsible for compliance with local laws.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Important – Please Review as This Affects Your Legal Rights
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Delaware as applied to contracts made and to be performed entirely within Delaware, without giving effect to the state’s conflicts of law statute.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, YOU AND HANG10 AGREE (A) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, OR THE SERVICES, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO A JURY TRIAL. Instead, you and Hang10 agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association (“AAA”) under the arbitration rules in effect at the time the arbitration is initiated (the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
Unless the parties agree otherwise, the arbitration will be conducted in Wilmington, Georgia. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL.
You and Hang10 agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
YOU AND HANG10 EACH AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
By using the Web Site and Application, you agree to indemnify, defend, and hold harmless Hang10 and its affiliates, subsidiaries, and franchisees, and each of their respective partners, officers, directors, owners, employees, and agents from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site and Application. By using the Web Site and Application, you are hereby agreeing to release Hang10 and its affiliates, subsidiaries, and franchisees, and each of their respective partners, officers, directors, owners, employees, and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site and Application.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Hang10 with respect to the Web Site and Application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Hang10 with respect to the Web Site and Application. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
We may periodically modify and supplement these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site and Application, and any use of the Web Site or Application after such revisions have been posted signifies your consent and agreement to the modified Terms.
