Online Service. By using the jimmycleans.com website you (the “Member”) 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 jimmycleans.com
website. Your continued use of the Service 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.
1. Description of Service
Jimmy Clean’s Express Car Wash is providing Member with the ability to purchase
car wash related products and account creation services. Member must provide (1)
all equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member’s access to the Internet, (3) pay any fees relate
with such connection (4) in our online store all sales are final.
2. Disclaimer of Warranties
The site is provided by JImmy Clean’s on an “as is” and on an “as available” basis.
To the fullest extent permitted by applicable law, Jimmy Clean’s 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. Jimmy Clean’s shall have no liability for any interruptions in the use
of this Website. Jimmy Clean’s 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
3. Limitation of Liability
Jimmy Clean’s SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Jimmy
Clean’s SHALL NOT BE LIABLE 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 WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR
OTHERWISE, EVEN IF Jimmy Clean’s HAS 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 IS
Member agrees to indemnify and hold Jimmy Clean’s, 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 Member’s use of the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s computer, of any intellectual
property or any other right of any person or entity.
5. Modifications and Interruption to Service
Jimmy Clean’s reserves the right to modify or discontinue the Service with or without
notice to the Member. Jimmy Clean’s shall not be liable to Member or any third party
should Jimmy Clean’s exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that Jimmy Clean’s 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.
6. Third-Party Sites
Our website may 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
privacy policies of each site, and we are not responsible therein. We encourage all
Members to review said privacy policies of third-parties’ sites.
7. 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 Jimmy Clean’s 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.
Jimmy Clean’s 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.
8. Governing Jurisdiction of the Courts of Massachusetts
Our website is operated and provided in the State of North Carolina. As such, we are
subject to the laws of the State of North Carolina, and such laws will govern this
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 State of North Carolina.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with
any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member 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.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is © Jimmy Clean’s, with
all rights reserved, or is the property of Jimmy Clean’s and/or third parties
protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an
authorized officer of Jimmy Clean’s is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein without prior written
permission of an authorized officer of Jimmy Clean’s.
Jimmy Clean’stm and jimmycleans.comtm are proprietary marks of
Jimmy Clean’s. Jimmy
Clean’s trademarks may not be used in connection with any product or service that is
not provided by Jimmy Clean’s Express Car Wash, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
All other trademarks displayed on Jimmy Clean’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those Vendors endorse or have
any affiliation with Jimmy Clean’s.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Jimmy Clean’s designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
1307 West Roosevelt Boulevard
Monroe, NC 28110
12. Other Terms
unenforceable for any reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid and enforceable to
other agreements referenced herein may be assigned by Jimmy Clean’s, 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 Member.
to the use and disclosure of their personally identifiable information and other