Terms & Conditions
Use of our website, facility and promotions may be subject to our Terms & Conditions policies. Your information is private, and is not sold to 3rd parties. For more information on how we protect your information, please see our Privacy Notice.
Mobile Terms of Service
Blue Rocket Express (“Blue Rocket”) provides opted-in consumers with promotional alerts and important communications from car washes that utilize our technology. Messaging is recurring, and frequency may vary. Message and data rates may apply.
By signing up for the mobile alert service, you are consenting to receive automated ongoing alerts to the phone number you have provided. Your consent is not required to purchase goods or services.
For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the SHORT CODE listed.
You will not receive any unsolicited messages from this shortcode.
Opt-Out: You can cancel your receipt of the service by sending STOP QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to any text message you receive or to the SHORT CODES.
Message and data rates may also apply according to your specific cellular plan or prepaid conditions.
CONSUMER PRIVACY
We will not share or use your mobile number for any other purpose. Your opt-in information will not be sold to 3rd parties.
CONSUMER FEES
Our service never charges consumers to 'receive' or 'reply to' text messages. However, depending on your mobile service plan, message & dates rates may apply.
CONSUMER OPT-OUT
To Opt-Out (discontinue service), text "STOP" to the Short Code from your mobile device. You will not receive any additional messages. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive.
HELP
To get help, you may send or reply 'HELP' to the Short Code you received the message from.
Email: stayclean@bluerocketcarwash.com
Supported Carriers
- Available for the following carriers in the US:
Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile
- Available for the following carriers in the Canada:
ALIANT MOBILITY, BELL MOBILITY, FIDO, MOBILICITY, MTS, NORTHERNTEL MOBILITY, PUBLIC MOBILE, ROGERS WIRELESS, SASKTEL MOBILITY, TELEBEC MOBILITE, TELUS MOBILITY, VIDEOTRON, VIRGIN MOBILE CANADA, WIND MOBILE
* The mobile carriers are NOT liable for delayed or undelivered messages.
WARRANTY
Blue Rocket will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.
PRIVACY POLICY
Blue Rocket respects your privacy. We will only use information you provide to transmit your text message. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
You may cancel your monthly software subscription at any time, just be sure to cancel before your plan renews - as we cannot provide partial-month refunds. If you believe you have been billed the wrong amount, please contact us at: 760-371-9198.
Blue Rocket Express Car Wash
141 S. China Lake Blvd
Ridgecrest CA 93555
Email: stayclean@bluerocketcarwash.com
If you are a car wash customer & need to update your account or cancel your account please contact the car wash directly.
Unlimited Infinity Wash Club Terms of Service
PLEASE READ THESE INFINITY WASH CLUB® MEMBERSHIP PLAN TERMS (“TERMS”) CAREFULLY. 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 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Alvarez & Guiniling, LLC, doing business as Blue Rocket Car Wash (collectively “Blue Rocket”, “us”, or “we”), offers the Infinity Wash Club® (“IWC”) that allows customers to subscribe for a membership plan specifying a level of car wash services at our network of car wash locations. Services at Blue Rocket Car Wash locations may vary. The recurring monthly fee depends on the WC membership plan purchased for each vehicle.
These Terms govern your purchase of and membership in the IWC and use of the services offered through the IWC. Certain car wash locations recently acquired by Blue Rocket Car Wash may offer subscription membership plans under different brand names until such locations are rebranded as Blue Rocket Car Wash®. These Terms apply to the sale, purchase, and use of subscription memberships under the respective Acquired Brand Plans. Upon rebranding of a particular location, each membership previously sold at such location under an Acquired Brand Plan will automatically convert to the IWC membership plan most similar to such membership.
TERMS
When you create a digital account (“Account”) at the Blue Rocket Car Wash® website (www.bluerocketcarwash.com, the “Website”) and/or purchase a IWC membership plan, we need to collect identifying information about you and your vehicle, which is subject to our Privacy Notice incorporated herein. Please review our Privacy Notice to understand our practices. Use of the Website is governed by the Blue Rocket Car Wash® Website Terms of Service (“Website Terms of Service”).
As used in these Terms, the “service” or the “services” means the car wash services provided to the identified vehicle by Blue Rocket Car Wash under your purchased IWC membership plan.
By providing Blue Rocket Car Wash a Payment Method (as defined below), and either accepting these Terms or otherwise utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your IWC membership plan as outlined in Section 2.6 “Cancelation by You; Reactivation”, and do not use the services.
IWC Membership Plans and Fees
1.1 Services
We offer one or more of the following IWC membership plans depending on location: generally, Admiral Unlimited Wash and Cadet Unlimited Wash. Acquired Brand Plans may be offered at recently acquired locations until such locations are rebranded as Blue Rocket Car Wash. For service details and membership fees, you can search for your local Blue Rocket Car Wash location here. We reserve the right to change our IWC 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 membership plans or any increase to membership fees will take effect thirty (30) days after being posted at the impacted Blue Rocket Car Wash® locations, on the Website, or otherwise communicated to you. The services offered at each Blue Rocket Car Wash® location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders, or other force majeure events. A currently paid IWC membership plan allows unlimited services for the vehicle identified with the purchased plan at any Blue Rocket Car Wash® location that provides such plan.
1.2 Auto-Renewal
The IWC 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 Blue Rocket Car Wash and your acceptance of these Terms. A link to these Terms will be included with your purchase receipt for future reference or is available on Blue Rocket’s website. YOUR PAYMENT METHOD WILL NOT BE CHARGED UNTIL AFTER YOU AGREE TO THESE TERMS. YOUR IWC MEMBERSHIP PLAN WILL AUTOMATICALLY RENEW MONTHLY, SUCH THAT YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED OR DEBITED ON A RECURRING MONTHLY BASIS UNTIL CANCELED BY YOU OR TERMINATED BY US IN ACCORDANCE WITH THESE TERMS. YOU RETAIN THE RIGHT WITHOUT ADDITIONAL COST OR PENALTY TO TERMINATE THE IWC MEMBERSHIP PLAN IF YOU CANCEL IN A TIMELY MANNER AS DESCRIBED BELOW. Your IWC membership plan number will appear on your purchase receipt as discussed below in Section 2.
1.3 RFID Sticker
Blue Rocket Car Wash will affix a radio frequency identification (RFID) sticker with your IWC membership plan number for the vehicle to the vehicle’s front windshield upon purchase or redemption of your IWC membership plan. The RFID sticker must be affixed to the vehicle’s windshield each time services are obtained. You agree not to tamper with, copy, or share a vehicle’s RFID sticker. When Acquired Brand Plans purchased at recently acquired locations are fully integrated into the IWC program, you may receive a new RFID sticker at that time. The IWC membership plan number and the RFID sticker remain the property of Blue Rocket Car Wash.
1.4 Single Vehicle, Personal Use Only
Each purchased IWC membership plan is for a single, personal, non-commercial vehicle only. Resale or transfer of your IWC membership plan or the RFID sticker to another vehicle or person is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis, and limousines, are not eligible for the IWC. If you have a commercial vehicle, please contact stayclean@bluerocketcarwash.com for information about a business account.
1.5 Vehicle Sold
If a vehicle identified with a IWC membership plan is sold, your Payment Method will continue to be charged until you deactivate that RFID sticker or transfer the IWC membership plan to another vehicle by visiting any Blue Rocket Car Wash location and having a new RFID sticker affixed to the new vehicle. Please remove the RFID sticker from the old vehicle before selling to avoid any confusion.
1.6 Vehicle Stolen
If a vehicle identified with a IWC membership plan is lost or stolen, you must promptly deactivate the vehicle’s IWC membership plan; if you fail to do so, others may access the car wash service through your IWC membership plan and may be able to access certain membership plan information, and your Payment Method will continue to be charged or debited. To deactivate, visit the Website, visit any Blue Rocket Car Wash location, email stayclean@bluerocketcarwash.com, or call 760-371-9198.
1.7 Discounted Introductory Period
If a discounted introductory or promotional offer period is available under the IWC membership plan purchased, then it will be specified at the time of purchase. The introductory or promotional offer period is intended to allow new and certain former members to try the services. As a result, the availability, duration, and any other terms for the introductory or promotional offer period may vary as determined by Blue Rocket Car Wash at its sole discretion. At the expiration of any discounted introductory or promotional offer period, we will charge the then-current regular price for your chosen plan on your next billing cycle to your Payment Method and your membership will automatically renew at such then-current regular price unless you cancel your membership prior to the end of the discounted introductory or promotional offer period, as set forth below. In the event that we determine that you are not eligible for the introductory or promotional discount, we reserve the right to revoke your discounted introductory or period and charge you the then-current regular price for the plan you selected and/or put your IWC membership plan on hold or inactive status.
Purchase, Billing, Cancelation, and Refunds
2.1 How to Purchase
To purchase a IWC membership plan, visit any Blue Rocket Car Wash® car wash location or visit the Website. If purchased at a Blue Rocket Car Wash location, a RFID sticker will be attached to your vehicle’s windshield. If purchased through an Account, you will receive a temporary barcode that must be redeemed at a Blue Rocket Car Wash location; upon redemption, a RFID sticker will be attached to your vehicle’s windshield. Your membership plan is active at the time of purchase, whether in person or through an Account.
2.2 Pricing and Taxes
IWC membership plan pricing is based on the location where purchased. A IWC membership plan purchased through the Website will be priced according to the city and state entered at the time of purchase. Your IWC membership plan may be subject to taxes, which will be calculated at the rate applicable to the Blue Rocket Car Wash location either where the plan was purchased, where the temporary barcode redeemed, or where it is consistently being used. Any applicable taxes will be automatically charged to or debited from your Payment Method on a monthly basis.
2.3 Payment Processing
To purchase a IWC membership plan, you must provide a Payment Method. You authorize us to charge or debit the current Payment Method for your IWC membership plan(s) fees, which will be automatically charged or debited on a monthly basis. If a payment is not successfully settled due to your Payment Method’s expiration, insufficient funds, or otherwise, and you do not cancel your IWC membership plan, we may suspend your access to the service until we have successfully charged or debited a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees; check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution. When you purchase a IWC membership plan, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable Payment Card Industry Data Security Standards. If your membership plan is suspended due to issues with your Payment Method, you may receive a communication (either via email or text) from Blue Rocket Car Wash notifying you of the same. For additional information, see our Privacy Notice.
2.4 Automatic Billing Cycle
The fee for the IWC membership plan you purchase, and any other charges you may incur in connection with your IWC membership plan, such as taxes and possible transaction fees, will be charged or debited monthly to your Payment Method on the day of month on which you signed up for the plan. 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. The charges or debits will appear on your Payment Method statement as from Blue Rocket Car Wash where your IWC membership plan was either purchased or temporary barcode redeemed and your membership plan number.
2.5 Updating Your Payment Method
To update your Payment Method, visit the Website, visit any Blue Rocket Car Wash location, or call 760-371-9198. We may also update information on your Payment Method using information provided by the payment processors, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each IWC membership plan associated with that Payment Method.
2.6 Cancelation by You; Reactivation
YOU MUST CANCEL A IWC MEMBERSHIP PLAN AT LEAST 7 DAYS BEFORE IT RENEWS IN ORDER TO AVOID AUTOMATIC BILLING TO YOUR PAYMENT METHOD FOR THE APPLICABLE FEE FOR THE NEXT MONTHLY BILLING CYCLE. The vehicle identified with the canceled membership plan will continue to have access to the car wash services through the end of its current billing period. To cancel, visit the Website, visit any Blue Rocket Car Wash location, email stayclean@bluerocketcarwash.com, or call 760-371-9198. To cancel over the phone, you may be asked to provide identifying information, including, but not limited to, your last name, last four digits of your Payment Method, or phone number. Canceling a IWC membership plan does not delete your Account (if created). Your Account (if created) will continue to be available for your use, and you will continue to get communications based on your selected communication preferences. Canceled IWC membership plan(s) may be reactivated by visiting the Website, visiting any Blue Rocket Car Wash location, or calling 760-371-9198.
2.7 No Refunds
Paid IWC membership plan fees are nonrefundable and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all of our members are at our sole and absolute discretion, in accordance with applicable law.
Online Account and IWC Membership Plan
3.1 Account
You can create an Account by visiting the Website. The person who creates an Account and then uses that account to link to or purchase a IWC membership plan must have the authority to charge the Payment Method associated with the IWC membership plan. The person who has access and control over the Account will be responsible for any activity that occurs through the Account and also for updating and maintaining the accuracy of the information in the Account. You must be 18 years of age to create an Account or purchase a IWC membership plan. Individuals under the age of 18 must use the Account of their parent or legal guardian, under such person’s Account, and otherwise subject to these Terms. If you submit the personal information of any person other than yourself in setting up an Account, you warrant that you have that person’s permission to provide us with that information.
3.2 Membership Plan
You can purchase a IWC membership plan by visiting the Website (where you will be asked to create an Account subject to the provisions of Section 3.1 above) or any Blue Rocket Car Wash location. The person purchasing a IWC membership plan must have the authority to charge the Payment Method associated with such IWC membership plan and have access and control over the vehicle associated with the IWC membership plan; that person also is responsible for any activity that results in charges or debits to the Payment Method for that membership plan and for updating and maintaining the accuracy of the information associated with the IWC membership plan. You must be 18 years of age to purchase a IWC membership plan. Individuals under the age of 18 must use the IWC membership plan of their parent or legal guardian.
3.3 Updating Your Information
You can provide or change your email address, mobile telephone number, and Payment Method, change your IWC membership plan, and cancel your IWC membership plan or any Acquired Brand Plans or otherwise update your information by accessing your Account, visit the Website, visiting any Blue Rocket Car Wash location, emailing stayclean@bluerocketcarwash.com, or calling 760-371-9198.
3.4 Communication Preferences
We will send you information relating to your Account or IWC membership plan (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to the email address you provided or via text messages to the mobile telephone number you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing. You must maintain either a valid email address or mobile telephone number associated with your Account or your IWC membership plan so that we may contact you. See our Privacy Notice.
3.5 Text Messages
We may send by automated means transactional communication texts related to your Account and/or your IWC membership plan purchases. Your mobile carrier’s standard message rates and other charges will apply to any text communication you send or receive. All charges for such text communications are billed by and payable to your mobile carrier. Blue Rocket Car Wash will not be liable for any delays in the receipt of any text communications. Delivery is subject to effective transmission from your mobile carrier. Maximum number of text communications per month will vary based on your transactions. To opt out of transactional communication texts, other than legal notices, you may text STOP to the number that appears in your transactional communication texts, provided you have given us a valid email address so that we may contact you. Consent to receive such messages is not a condition of making any purchase. For more information on text messages and data obtained from you via text message, see our Privacy Notice.
3.6 Compliance with Law; Termination by Blue Rocket Car Wash
You and anyone for whom you purchase a IWC membership plan agree to use the IWC membership plan(s) in accordance with all applicable laws, rules, and regulations. We may cancel your IWC membership plan(s) if you, or anyone associated with your IWC membership plan(s) or Acquired Brand Plan, violates applicable law, rules, or regulations, or these Terms. To the maximum extent permitted by applicable law, Blue Rocket Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your Account, any purchased IWC membership plan(s) or Acquired Brand Plan, and use of the services, without notice or liability. If we refuse, suspend, deactivate, or terminate your Account or IWC membership plan(s) or Acquired Brand Plan, you may not create another Account or purchase another IWC membership plan without our prior written permission. We may, at our discretion, suspend, deactivate, or terminate your Account and/or IWC membership plan or Acquired Brand Plan to protect you or Blue Rocket Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Blue Rocket Car Wash is not obligated to credit or discount your membership plan for any such refusals, suspensions, deactivations, or terminations.
Disclaimers of Warranties and Limitations on Liability
4.1 No Warranty
THE IWC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). BLUE ROCKET CAR WASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
4.2 Damage Disclaimer
BLUE ROCKET CAR WASH DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING THE GENERALITY OF SECTION 4.3 BELOW, Blue Rocket CAR WASH SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:
-
Pre-existing damage and loose parts
• Negligence (driving, steering, braking, etc.)
• Electric running boards in lowered position
• Aftermarket and non-factory parts
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields -
Vehicles older than 8 years
4.3 Limitation of Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ALVAREZ & GUINILING, LLC., OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“BLUE ROCKET PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE A IWC MEMBERSHIP PLAN 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 BLUE ROCKET PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, BLUE ROCKET 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 IWC MEMBERSHIP PLAN AND 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 CANCELATION OF THESE TERMS. 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 Indemnification
You will indemnify, defend, and hold harmless Blue Rocket 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 IWC, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
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 your Account, any purchased IWC membership plan, Acquired Brand Plans, the services, these Terms, or the 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 Blue Rocket 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. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.
5.2 Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Blue Rocket Car Wash individually in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims 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 Blue Rocket Car Wash’s or its licensor’s intellectual property or other proprietary rights, Blue Rocket Car Wash 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 expressly agreed in writing by all parties or 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 then-current and applicable 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 filed 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 Kern County, California, 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 (the “FAA”), 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 California shall apply without regard to conflict-of-laws provisions.
5.6 Survival; Severability
This Arbitration Agreement provision will survive the termination of these Terms. Except as set forth in Section 5.8 (“Class Action Waiver”) below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Blue Rocket Car Wash.
5.7 Time Limitation on Claims
The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the Dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that the Dispute is permanently barred.
5.8 Class Action Waiver
YOU AND BLUE ROCKET EXPRESS CAR WASH 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 Blue Rocket Car Wash 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.
5.9 Initiating Arbitration
If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail, to Blue Rocket Express Car Wash, 10301 Mount Snow Lane, Bakersfield California 93311. If Blue Rocket Car Wash intends to seek arbitration, Blue Rocket Car Wash will send a Notice to the email address, current billing address, or mobile telephone number in your Account or associated with your IWC membership plan. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Blue Rocket Express Car Wash, 10301 Mount Snow Lane, Bakersfield California 93311. Blue Rocket Car Wash will send such copy to the email address, current billing address, or mobile telephone number in your Account or associated with your IWC membership plan or to your attorney, if you have retained one.
For Disputes asserted by you of $50,000 (US Dollars) or less, you agree to pay the filing fee specified in the rules of the AAA; Blue Rocket Car Wash will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For Disputes by you over $50,000 (US Dollars), you will be responsible for the Arbitration Fees. For Disputes asserted by Blue Rocket Car Wash, Blue Rocket Car Wash will pay Arbitration Fees. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.
Miscellaneous
6.1 Governing Law, Forum Selection, and Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms, your Account, or the IWC membership plan shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of California without regard to choice-of-law principles or conflict-of-laws 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.
Unless you and Blue Rocket Car Wash agree otherwise, if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the United States District Court for the District of California, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of California for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of California located in Kern County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Blue Rocket Car Wash both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
6.2 Feedback
Blue Rocket Car Wash 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 (“Feedback”), including responses to questionnaires or through postings to the Website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the IWC. 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 IWC and its features, or if you need assistance with your IWC membership plan, visit the Website, visit any Blue Rocket Car Wash® location, email stayclean@bluerocketcarwash.com, or call 760-371-9198.
6.4 Changes to Terms
Blue Rocket Car Wash may, from time to time, change these Terms. Such revisions extend only to claims arising after the change date, apply equally to any claims that either party may have against the other, and shall be effective immediately; provided, however, for existing IWC members, such revisions shall, unless otherwise stated, be effective no sooner than the 31st day following the date such change is posted on the Website.
6.5 Miscellaneous
We may assign our rights and delegate our 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 our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Blue Rocket Car Wash, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including our Privacy Notice, are the entire agreement between you and Blue Rocket Car Wash with respect to your IWC membership plan. Blue Rocket Car Wash’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 Blue Rocket Car Wash. 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 Blue Rocket Car Wash. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your IWC membership plan.
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6.6 California Users
Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.