PURPOSE
Mr. Sparkle Auto Spa allows members to subscribe to a monthly membership plan specifying a car wash package for services. The recurring monthly fee depends on the membership plan purchased for each vehicle. With a monthly membership plan, members may have one car wash per day.
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SCOPE
The membership terms contained herein (collectively, the “Terms“) govern your purchase of a monthly membership plan and your use of the services offered by Mr. Sparkle Auto Spa.
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OVERVIEW
When you register your membership account and purchase one or more membership plans, you give permission to Mr. Sparkle Auto Spa to collect personally identifying information on you, which is subject to our Privacy Notice, which can be found at: https://www.https://www.mrsparkleautospa.com/privacy-and-data-use-policy, and which is incorporated herein.
Please review our Privacy Notice to understand our commitment to your privacy.
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As used in these Terms, the words “service” or the “services” mean the car wash services provided to the identified vehicle by Mr. Sparkle Auto Spa under your purchased monthly membership plan.
By providing Mr. Sparkle Auto Spa a valid credit or debit card (the Payment Method), defined below, and by accepting these Terms and utilizing our services, you agree that you have read, accepted, and understand these Terms. Your usage of the services constitutes acceptance of the Terms.
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THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES REGARDING THE MONTHLY MEMBERSHIP (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
BY ACCEPTING THESE TERMS, YOU AGREE THAT SUCH ACCEPTANCE CONSTITUTES EXPRESS WRITTEN CONSENT FOR MR. SPARKLE AUTO SPA TO CONTACT YOU VIA ELECTRONIC MEANS (EMAIL, TEXT MESSAGES, SOCIAL MEDIA POSTS, ETC.) AS WELL AS VIA TELEPHONIC MEANS TO OFFER PROMOTIONS, ELICIT FEEDBACK, OR TO OTHERWISE CONTACT YOU REGARDING THE SERVICES OFFERED BY MR. SPARKLE AUTO SPA. IF YOU DO NOT WISH TO RECEIVE SUCH COMMUNICATIONS, PLEASE CONTACT MR. SPARKLE AUTO SPA TO ALERT US TO REMOVE YOU FROM SUCH COMMUNICATION LISTS.
BY SUBSCRIBING FOR A MONTHLY MEMBERSHIP PLAN, YOU ACKNOWLEDGE THAT YOU ARE A CUSTOMER OF MR. SPARKLE AUTO SPA COMMENCING ON THE DATE YOUR MEMBERSHIP PLAN BECOMES EFFECTIVE.
SECTION 1: Mr. Sparkle Auto Spa Monthly Membership Plans and Rates
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1.1. Services. Mr. Sparkle Auto Spa offers the following monthly membership plans: (1) Silver; (2) Gold (3) Platinum; and (4) Diamond (plan names are subject to change or updates from time to time and will be noted on the Mr. Sparkle Auto Spa website). For service details and fees, please visit our website at www.mrsparkleautospa.com or visit our location. Mr. Sparkle Auto Spa reserves the right to change our monthly membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to your monthly membership plan or any increase to your membership fees will take effect a minimum of thirty (30) calendar days after being posted at the on the Mr. Sparkle Auto Spa website. Mr. Sparkle will make best efforts to notify the member by email and/or text message of said changes to the plan.
Mr. Sparkle Auto Spa may close at any time for any reason, including but not limited to; inclement weather, maintenance, major holidays, store upgrades, and governmental orders or other force majeure events.
A current paid monthly membership plan allows the vehicle identified with the plan ONE car wash per day at Mr. Sparkle Auto Spa subject to such factors.
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1.2 Purchase Options. Customers may purchase a membership at our physical location or online at mrsparkleautospa.com Online transactions generate a confirmation email automatically that provide the member a redemption code to visit our location to be exchanged for an RFID tag on their vehicle to allow wash redemptions. Memberships are active immediately following purchase, regardless of when the member visits for the first wash redemption
1.3. Auto-Renewal. The monthly membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method“) to Mr. Sparkle Auto Spa, which also serves as your express and explicit acceptance of the Terms as set forth herein. Your Payment Method will not be charged until you acknowledge your agreement to these Terms. Your monthly membership plan will automatically renew monthly, such that your Payment Method will automatically be charged on a recurring monthly basis until cancelled by you or terminated by us in accordance with these Terms. You retain the right without additional cost or penalty to terminate the membership plan if you cancel in a timely manner as described below.
1.4. RFID Sticker. Mr. Sparkle Auto Spa uses RFID Stickers to validate your membership status when you visit our site. This RFID sticker can only be used with the vehicle it is issued to. RFID stickers remain the exclusive property of our car wash and must be surrendered upon request. If the unlimited car wash RFID sticker is tampered with or the program is used in any way inconsistent with its Terms and Conditions, the program will be immediately voided and all monies forfeited.
1.5. Single Vehicle Plan. Each purchased monthly membership plan is for a SINGLE vehicle only. Resale or transfer of your monthly membership plan to another vehicle or person is expressly prohibited.
1.6. Family Plans. Family Plans allow you to purchase additional membership plans (each for a SINGLE vehicle) at a discounted fee under a single membership account. The fee for all membership plans in a family plan must be charged to the same Payment Method and all vehicles must be on the same plan type. If the first membership plan purchased following the initial registration of a membership account under a family plan is cancelled, suspended, deactivated or terminated for any reason, then the next purchased membership plan will be considered the primary membership plan and will be charged the current standard fee for such membership.
1.7. Vehicle Sold. If a vehicle identified with a membership plan is sold, you may transfer the membership plan to another vehicle by visiting the Mr. Sparkle Auto Spa office and alerting a staff member of the change.
1.8. Vehicle Stolen. If a vehicle identified with a membership plan is lost or stolen, you must promptly deactivate the vehicle’s monthly membership plan, or others may be able to access the car wash service through your account. To deactivate, visit Mr. Sparkle Auto Spa, or call (815) 250-0950. Mr. Sparkle Auto Spa will not be liable for any services provided or payments collected on such vehicles if not explicitly notified by you of such a loss or theft.
1.9. Discounted Introductory Period or Promotional Rates. If a discounted or promotional rate is available to you, then it will be specified at the time of purchase. The introductory period is intended to allow new and certain former members to try the services at a discounted fee. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by Mr. Sparkle Auto Spa at its sole discretion. At the expiration of any discounted introductory period or promotional period, Mr. Sparkle Auto Spa will charge the then-current fee for your chosen plan on your next billing cycle to your Payment Method and your membership will automatically renew unless you cancel your membership prior to the end of the discounted introductory period as set forth below. Mr. Sparkle Auto Spa reserves the right to revoke the discounted introductory period, and charge you the then-standard fee for the plan you selected, and/or put your account on hold in the event that we determine that you are not eligible for the introductory discount. Membership plans cannot be combined with any other programs or discounts.
SECTION 2: Billing, Cancellation, and Refunds
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2.1. Payment Processing. To purchase a monthly membership plan, you must provide a valid credit or debit card (Payment Method). You authorize us to charge the current Payment Method associated with your membership account for your membership plan(s) fees, which will be automatically charged on a monthly basis. 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 service 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. Mr. Sparkle Auto Spa has no responsibility or liability if your Payment Method is declined by your financial institution. Payments are processed by our PCI-compliant third party payment processor. In the event Mr. Sparkle Auto Spa is unable to charge a customer's credit card due to card expiration or change of information, the customer's account will be automatically deactivated after the daily attempt to charge for up to 14 days.
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2.2. Billing Cycle. The fee for the monthly membership plan you purchase, and any other charges you may incur in connection with your monthly membership plan, such as taxes, will be charged monthly to your Payment Method on the day of month on which you signed up for the plan. For example, if you purchase your monthly membership plan on the 11th of the month, then that is your billing date, and every 11th of the months following, your payment method will be charged. Fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your membership plan was purchased on a day not contained in a given month, e.g., the 31st. Please note that memberships that were signed up on the 29th, 30th, or 31st will recharge on the 28th of the following month and all months going forward. The charges will appear on your Payment Method receipt as from Mr. Sparkle Auto Spa.
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2.3. Updating your Payment Method. To update your Payment Method, visit Mr. Sparkle Auto Spa’s physical location or online at mrsparkleautospa.com to notify us of the updated payment information. Mr. Sparkle Auto Spa may also update information on your Payment Method using information provided by the payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize Mr. Sparkle Auto Spa to continue to charge the applicable Payment Method for each membership plan associated with your membership account.
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2.4. Cancellation. You must cancel a monthly membership plan at least five (5) days before it renews in order to avoid automatic billing to your Payment Method for the applicable fee for the next monthly billing cycle. In the event the customer wishes to discontinue a membership, requests must be submitted online at mrsparkleautospa.com or in person. No phone or email cancellations will be accepted.The vehicle identified with the cancelled membership plan will continue to have access to the car wash services through the end of its billing period. If you cancel all membership plan(s) associated with your membership account, your account will automatically close at the end of the next applicable billing period.
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2.5. No Refunds. Paid membership fees are non-refundable and there are no refunds for partial months or non-usage of a monthly membership. Any refund, discount, or other consideration to some or all of our members is at the sole and absolute discretion of Mr. Sparkle Auto Spa, in accordance with all applicable laws.
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2.6. Upgrades and Downgrades. Monthly Plan Packages may be upgraded or downgraded at any time. Upgrading or downgrading to a different plan may include a pro-rated charge or refund for the remainder of your billing period and will adjust to the full price of the selected package on the next billing cycle. Any refund, discount, or other consideration to some or all of our members is at the sole and absolute discretion of Mr. Sparkle Auto Spa, in accordance with all applicable laws.
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SECTION 3: Monthly Membership Account
3.1. Membership Account. The person who registered the monthly membership account 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 monthly membership account, you must be eighteen (18) years of age or older. Individuals under the age of eighteen (18) must use the monthly membership account of their parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself while registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide us with that information.
3.2. Updating Your Membership Account. To update your monthly membership account, visit our physical location or our website, mrsparkleautospa.com. You can change your email address, cell phone number, payment method, and your plan at that time.
3.3. Communication Preferences. Mr. Sparkle Auto Spa may periodically send you information relating to your membership account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, solicitations, etc.) in electronic form only (e.g., emails to the email address you provided or text messages to the mobile telephone number you provided). By purchasing your membership and accepting these Terms, you explicitly permit Mr. Sparkle Auto Spa to contact you by such methods, and you agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.
3.4. Text Messages. Mr. Sparkle, or third-parties with whom Mr. Sparkle contracts, may communicate with you via text messages. Your carrier’s standard message rates may apply to any messages you receive from and send to Mr. Sparkle Auto Spa. Other charges may also apply. All charges are billed by and payable to your mobile service provider. Mr. Sparkle Auto Spa 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 to Mr. Sparkle Auto Spa. Mr. Sparkle Auto Spa may use this information to contact you and provide services you request. By accepting the Terms contained herein, you expressly opt-in to receiving such messages. Consent to receive such messages is not a condition for making any purchase and you may revoke such consent by contacting Mr. Sparkle Auto Spa.The number of text messages per month will vary. You can also unsubscribe at any time by texting STOP to the number that appears in your text message.
3.5. Compliance with Law. You and anyone for whom you purchase a monthly membership plan agree to use the monthly membership account and membership plan(s) in accordance with all applicable laws, rules and regulations. Mr. Sparkle Auto Spa may cancel your membership account and membership plan(s) at any time, if you, or anyone registered with your membership account, violate these Terms or are engaged in illegal or fraudulent use of the monthly membership account or membership plan(s).
3.6. Termination by Mr. Sparkle Auto Spa. To the maximum extent permitted by applicable law, Mr. Sparkle Auto Spa may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your monthly membership account, any purchased membership plans, and use of the services, without notice or liability. If Mr. Sparkle Auto Spa refuses, suspends, deactivates, or terminates your membership account, you may not register another membership account or purchase another membership plan without the prior written permission of Mr. Sparkle Auto Spa. Mr. Sparkle Auto Spa may, at its sole discretion, suspend, deactivate or terminate your membership account and plans to protect you or Mr. Sparkle Auto Spa from identity theft or other fraudulent activity. Except as required by applicable law, Mr. Sparkle Auto Spa is not obligated to credit or discount your account for any such refusals, suspensions, deactivations, or terminations.
3.7. Online Account Management. Online account management is available for Mr. Sparkle Auto Spa Monthly Members. Members can create an online account that allows them to sign up, change their membership plan, update their Payment Method, update their profile information, and cancel a membership plan. Online account management is accessible by visiting www.mrsparkleautospa.com.
SECTION 4: Disclaimers of Warranties and Limitations on Liability
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4.1. THE MONTHLY MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). ATOMIC EXPRESS CAR WASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL TIMES.
4.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MR. SPARKLE AUTO SPA, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“MR. SPARKLE AUTO SPA 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 MR. SPARKLE AUTO SPA PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, MR. SPARKLE AUTO SPA 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 MONTHLY MEMBERSHIP AND STOP 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 CANCELLATION OF THESE TERMS.
4.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MR. SPARKLE AUTO SPA 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 MONTHLY MEMBERSHIP, OR (B) YOUR BREACH OF THESE TERMS. MR. SPARKLE AUTO SPA RESERVES, AND YOU GRANT TO MR. SPARKLE AUTO SPA, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
SECTION 5: Arbitration Agreement, Waiver of Trial by Jury and Waiver of Class Action
5.1. APPLICABILITY OF ARBITRATION AGREEMENT. ANY DISPUTE, CLAIM OR CONTROVERSY OF ANY NATURE ARISING OUT OF OR RELATING IN ANY WAY TO THE MONTHLY MEMBERSHIP PLAN, THESE TERMS, OR THIS ARBITRATION AGREEMENT (AS DEFINED BELOW), INCLUDING WITHOUT LIMITATION THE INTERPRETATION, VALIDITY, SCOPE, OR APPLICABILITY OF THESE TERMS OR THE ARBITRATION AGREEMENT (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 AGREEMENT”). THIS ARBITRATION AGREEMENT APPLIES TO YOU AND ATOMIC EXPRESS CAR WASH, AND TO ANY OF OUR SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS IN INTEREST, AND ASSIGNS.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
5.2. DISPUTES EXCLUDED FROM ARBITRATION. DISPUTES WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN $10,000.00 AND PLED BY YOU OR MR. SPARKLE AUTO SPA IN A SMALL CLAIMS COURT ARE NOT SUBJECT TO ARBITRATION, SO LONG AS THE DISPUTES REMAIN IN SUCH COURT AND ADVANCE ONLY AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) CLAIM FOR RELIEF.
IN THE EVENT OF ANY ACTUAL, ALLEGED OR THREATENED VIOLATION OF CONFIDENTIALITY OR VIOLATION OF MR. SPARKLE AUTO SPA’S OR ITS LICENSOR’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, MR. SPARKLE AUTO SPA 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.
5.3. CONFIDENTIAL PROCEEDINGS. THE PARTIES EXPRESSLY AGREE THAT ANY AND ALL ACTIONS TAKEN UNDER THE ARBITRATION AGREEMENT AND RELATED PROVISIONS, INCLUDING BUT NOT LIMITED TO ALL FILINGS, ORDERS, JUDGMENTS, AND AWARDS MADE IN ANY ARBITRATION PROCEEDING, ARE CONFIDENTIAL AND MAY NOT BE DISCLOSED TO ANY THIRD PARTY, EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW.
5.4. ARBITRATOR. 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. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING. ANY FINAL AWARD OR JUDGMENT MAY BE PLED 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.
5.5. PLACE AND GOVERNING LAW. THE PLACE OF ARBITRATION SHALL BE IN LASALLE COUNTY, ILLINOIS, UNLESS OTHERWISE AGREED TO IN WRITING BY ALL PARTIES TO THE ARBITRATION. THE PARTIES ACKNOWLEDGE THAT THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1, ET SEQ., AS MAY BE AMENDED FROM TIME TO TIME, SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND PROCEEDINGS PURSUANT TO THIS ARBITRATION AGREEMENT. TO THE EXTENT STATE LAW IS APPLICABLE, THE LAWS OF THE STATE OF ILLINOIS SHALL APPLY WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.
5.6. SURVIVAL: SEVERABILITY. THIS ARBITRATION AGREEMENT PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS. EXCEPT AS SET FORTH IN SECTION 5.8 BELOW. IF ANY PORTION OF THIS ARBITRATION AGREEMENT IS DEEMED INVALID OR UNENFORCEABLE THROUGH A FINAL JUDICIAL DETERMINATION, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID. NO PORTION OF THIS ARBITRATION AGREEMENT MAY BE AMENDED, SEVERED, OR WAIVED ABSENT A WRITTEN AGREEMENT BETWEEN YOU AND MR. SPARKLE AUTO SPA.
5.7. TIME LIMITATION ON CLAIMS. THE PARTIES AGREE THAT THEY MUST INITIATE ARBITRATION WITHIN ONE (1) YEAR AFTER ANY DISPUTE AROSE; OTHERWISE,THE DISPUTE IS PERMANENTLY BARRED.
5.8. CLASS ACTION WAIVER. YOU AND MR. SPARKLE AUTO SPA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND MR. SPARKLE AUTO SPA 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.
SECTION 6: Miscellaneous
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6.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of law provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
6.2. Feedback. Mr. Sparkle Auto Spa is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (collectively, “Feedback”), including responses to questionnaires or through postings to the Mr. Sparkle Auto Spa website and other 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 monthly membership plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.3. Customer Support. To find more information about Mr. Sparkle Auto Spa and its features, or if you need assistance with your membership account, go online to www.mrsparkleautospa.com, or visit our physical location.
6.4. Changes to Terms. Mr. Sparkle Auto Spa may, from time to time, change, modify, or otherwise revise 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 and being posted at Mr. Sparkle Auto Spa and on the website www.mrsparkleautospa.com.
6.5 Miscellaneous. Mr. Sparkle Auto Spa may assign its rights and delegate its 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 the prior written consent of Mr. Sparkle Auto Spa, and any such attempted or purported assignment or delegation without the prior written consent of Mr. Sparkle Auto Spa is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Mr. Sparkle Auto Spa, except that our affiliates are third-party beneficiaries of these Terms.
THESE TERMS, INCLUDING THE PRIVACY POLICY, ARE THE ENTIRE AGREEMENT BETWEEN YOU AND MR. SPARKLE AUTO SPA WITH RESPECT TO THE MONTHLY MEMBERSHIP. MR. SPARKLE AUTO SPA’S 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 MR. SPARKLE AUTO SPA. 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. THE HEADINGS IN THESE TERMS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THE INTERPRETATION OF THESE TERMS. THESE TERMS INURE TO THE BENEFIT OF THE SUCCESSORS AND ASSIGNS OF MR. SPARKLE AUTO SPA. ANY PROVISIONS OF THESE TERMS THAT ARE INTENDED TO SURVIVE TERMINATION (INCLUDING ANY PROVISIONS REGARDING INDEMNIFICATION, LIMITATION OF MR. SPARKLE AUTO SPA’S LIABILITY, OR DISPUTE RESOLUTION) WILL CONTINUE IN EFFECT BEYOND ANY TERMINATION OF THESE TERMS OR OF YOUR MONTHLY MEMBERSHIP. PLEASE PRINT OR OTHERWISE SAVE A COPY OF THESE TERMS, ALL DOCUMENTATION, AGREEMENTS, NOTICES, AND OTHER COMMUNICATIONS FOR YOUR REFERENCE.