TERMS AND CONDITIONS
This document was last updated on 02/11/2019.
READ THIS TERMS OF USE AGREEMENT BEFORE
ACCESSING THIS WEBSITE.
This Terms of Use Agreement sets forth the standards of use of the townwashholding.com Online Website. By using the townwashholding.com Website, you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at townwashholding.com Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
DESCRIPTION OF PRODUCTS AND SERVICES townwashholding.com is providing Customer with the ability to purchase car washing services and related products. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relate with such connection.
DISCLAIMER OF WARRANTIES The site is provided by townwashholding.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, townwashholding.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. townwashholding.com shall have no liability for any interruptions in the use of this Website. townwashholding.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
LIMITATION OF LIABILITY townwashholding.com and 84 Capital, llc shall not be liable for any damages whatsoever, and in particular for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if they have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations would be inapplicable. Any damages claims that may be submitted must be within 3 days of our service. Anything submitted after 3 days will not be considered for repayment.
INDEMNIFICATION Customer agrees to indemnify and hold townwashholding.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Website, the violation of this Agreement, or infringement by Customer, or other user of the Website using Customer’s computer, of any intellectual property or any other right of any person or entity.
MODIFICATIONS AND INTERRUPTION TO SERVICE townwashholding.com reserves the right to modify or discontinue the Website with or without notice to the Customer. townwashholding.com shall not be liable to Customer or any third party should townwashholding.com exercise its right to modify or discontinue the Website. Customer acknowledges and accepts that townwashholding.com does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD-PARTY WEBSITES Our Website may, from time to time, include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Customers to review said privacy policies of third-parties’ sites.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While townwashholding.com makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. townwashholding.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
GOVERNING JURISDICTION OF THE COURTS OF PENNSYLVANIA Our Website is operated and provided in the Commonwealth of Pennsylvania. As such, we are subject to the laws of the Commonwealth of Pennsylvania, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the Commonwealth of Pennsylvania.
COMPLIANCE WITH LAWS Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
BOTNETS townwashholding.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, townwashholding.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion
DISCRIMINATION We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. If you violate any of the terms of this Terms of Use Agreement you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Website. Your accessing, viewing, browsing and/or using the Website after we post changes to this Terms of Use Agreement constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date this Terms of Use Agreement were last updated. Entering the Website will constitute your acceptance of this Terms of Use Agreement. If you do not agree to abide by these terms, please do not enter the Website.
WEBSITE ACCESS You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. 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 townwashholding.com or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
ONLINE CONDUCT You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Website. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of 84 Capital, LLC and townwashholding.com, its Associates, our users and Customers and/or you. We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Website, Website users, our Customers or any rights of 84 Capital, LLC and townwashholding.com or any third party. Notwithstanding the foregoing, neither 84 Capital, LLC andtownwashholding.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither 84 Capital, llc and townwashholding.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Website.
YOUR USER CONTENT POSTED ON THE WEBSITE For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Website, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in this Terms of Use Agreement, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user’s personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Website, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users. You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates this Terms of Use Agreement, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
YOUR CONSENT FOR NOTICES WE SEND You agree that we have the right to send you certain information in connection with the Website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Website or with any subdivisions of the Website. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.
TERMINATION OF USAGE We may terminate your access or suspend your right to access to all or part of the Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of this Terms of Use Agreement or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any Customer in our sole discretion.
USAGE BY MINORS This Website is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Website, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Website.
DISPUTES If you access the Website, any dispute relating in any way to your visit to the Website, to this Terms of Use Agreement, to our Privacy and Security Policy, to our advertising or solicitation practices or to products and/or services you purchase through the Website shall be submitted to binding private arbitration in the Commonwealth of Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate 84 Capital, LLC and townwashholding.com intellectual property rights, 84 Capital, LLC and townwashholding.com may seek injunctive or other appropriate relief in any court in the USA and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to this Terms of Use Agreement, whether through class arbitration proceedings or otherwise.
WEBSITE POLICIES, MODIFICATION AND SEVERABILITY Please review our Policies and Procedures, Website Privacy Statement, Spam Policy, Refund Policy, and all other policies posted on the Website, all of which are herein by this reference. These policies also govern your visit to the Website. We reserve the right to make changes to the Website, any policies, and this Terms of Use Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
HOW TO ORDER THROUGH THE WEBSITE After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a service or product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you what you ordered. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
PRICES AND AVAILABILITY OF PRODUCTS Prices and availability of services and products on the Website are subject to change without notice. Errors will be corrected when discovered. It is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
SUSPENSION OF USE OF WEBSITE We reserve the right to suspend or terminate your use of this Website if you fail to comply with this Terms of Use Agreement or any of the policies and procedures adopted by us, or for any conduct by the Customer that we determine to be improper or in any way not in our best interest.
FORMATION OF CONTRACT Acceptance of the Customer’s offer by our company results in the formation of a contract between the Customer and the Company, the terms of which are governed by this Terms of Use Agreement.
QUALITY CONTROL AND INSPECTION An inspection of the Vehicle on behalf of 84 Capital, LLC will be carried out, at the time 84 Capital, LLC takes possession of the Customer’s Vehicle and again after the Vehicle has been cleaned. Weather conditions and cleanliness permitting, damage of any nature will be noted by the Staff prior to redelivery to the Customer of possession of the Vehicle, and the Company will accept no liability whatsoever for any such damage.
84 Capital, LLC LIABILITIES Although every reasonable effort shall be made to secure the safety of the Vehicle, 84 Capital, LLC cannot give any guarantee to this effect and the Customer should ensure that the Vehicle (and its contents) has a valid certificate of insurance covering it against third party theft, damage or destruction.
MOVING AND RELOCATION OF VEHICLE 84 Capital, LLC reserves the right to move a vehicle by driving or otherwise to such extent as the Company or the Staff may in their discretion think necessary to perform services. 84 Capital, LLC accepts no responsibility for: dents; windshield damage; scratches; chips; punctures; or any other damage to any Vehicle, its contents, a Customer’s possessions in the Vehicle or accessories.
COMPLAINTS; CLAIMS If the Customer believes that there is a complaint or claim against 84 Capital, LLC, such complaint or claim should be communicated to 84 Capital, LLC within 24 hours of discovery of the loss, theft, damage or destruction by giving notice in writing with full particulars to the address of 84 Capital, LLC set forth below.
MODIFICATION OF THIS TERMS OF USE AGREEMENT No individual has the authority to modify, vary or alter this Terms of Use Agreement unless in a writing signed by an Authorized Officer of 84 Capital, LLC.
DISCLAIMERS OF WARRANTY; LIMITATIONS OF LIABILITIES Our liability for losses any Customer suffers as a result of us breaking this Terms of Use Agreement or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the services or product you purchased We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise. Other than the warranties and other assurances we give you in this Terms of Use Agreement, 84 Capital, LLC and 84 Capital specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by 84 Capital, LLC and townwashholding.com shall create a warranty (unless made fraudulently).
OTHER TERMS If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by townwashholding.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
CONTACTING US If you have questions regarding our Terms of Use Agreement, its implementation, failure to adhere to this Terms of Use Agreement and/or our general practices, please click here contact us or send your comments to: