Cobblestone Opco, LLC (“Cobblestone”) is the owner and operator of the websites https://cobblestone.com/. These Terms of Use apply to any user who accepts these Terms as set forth in Section 1 and Section 2 below (“you”). These Terms of Use apply when you access, visit or use the Sites or App or use any of the products or services provided by Spotless, or one of its subsidiaries or affiliates (individually “Affiliate and collectively “Affiliates”), including Cobblestone Auto Spa, Cobblestone Car Wash, Flagship Carwash, Okie Express Auto Wash, or Ultimate Shine Car Wash. The Sites and all mobile applications, products, and services provided by Spotless or any Affiliate will be referred to in these Terms of Use as the “Service” or the “Services”. For purposes of these Terms of Use, “Company”, “we”, “us”, or “our”, means Spotless, and any Affiliate where the Affiliate or its products or services are implicated.

Notice regarding dispute resolution and mandatory arbitration: These Terms of Use contain provisions that govern the resolution of any and all claims between you and Spotless (See Sections 17 and 18 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration. Unless you opt-out of binding arbitration: (1) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Acceptance of these terms of use by users of the site. By using the Service or clicking the “accept” button when you register to use the Service through the Site or when you are otherwise prompted to do so, you agree to be legally bound by these Terms of Use and our . or our Privacy Statement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update these terms and conditions, the Privacy Statement or any other terms or conditions without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Service after changes or amendments are posted constitutes an acknowledgement and acceptance of the modifications. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.

2. Eligibility. The Service is intended for individuals who are at least eighteen (18) years old. Individuals under the age of 18 must use the Services with a 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. Your privacy rights. In connection with your use of the Services, please review our privacy statement (“Privacy Statement”) in order to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Statement is part of and is governed by these Terms of Use and by accepting the Terms of Use, you agree to be legally bound by the terms of the Privacy Statement and agree that we may use information collected from you in accordance with the Privacy Statement.

4. Registration. As a condition of using certain features of the Service, you may be required to register through the Site and select a password and user I.D. You may be required to provide personal and/or financial information. You expressly represent, warrant, and agree that any information you give to us will be accurate, correct, and complete. If you provide any information that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, we may, without notice, suspend or terminate your access and use of the Services, refuse to provide you with any and all current or future use of the Services, and/or report the incident to law enforcement.

5. Purchases: The Website or App may allow you to make purchases from the Company for car wash services. Any such purchases are subject to the applicable Terms of Use. Subscriptions for a membership plan are subject to the applicable membership terms of use. You may be required to provide valid credit card information. By providing your credit card information, you authorize us to charge such credit card for your financial obligations relating to your access and use of the Services.to charge such credit card for your financial obligations relating to your access and use of the Services.

6. Account Creation: If you use the Services to create an account, you may not: (1) select or use as a user I.D. a name of another person with the intent to impersonate that person; (2) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a user I.D. a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of, or to cancel a user I.D., in our sole discretion. You shall be responsible for maintaining the confidentiality of your user I.D. and password. You are responsible for immediately notifying us if your user I.D. or password are compromised. Unless notified, we are entitled to assume any instructions issued from your user I.D. are valid. We reserve the right to refuse registration of or to cancel a user account for any reason.

7. Prohibited activities. You may not access, visit, or use the Service for any purpose other than the intended purpose for which we make it available to you, in accordance with all applicable legal requirements including all federal, state, and local laws, rules, and regulations and these Terms of Use. We may prohibit certain activities in connection with the Service in our discretion. You may not facilitate or permit anyone else to facilitate or conduct, directly or indirectly, the following prohibited activities which include, without limitation:

   1. Criminal or tortious activity, including spamming, copyright infringement, patent infringement, or theft of trade secrets.
   2. Engaging in any automated use of the Service, such as using scripts, web crawlers, bots/robots, or scrapers, or manual equivalents, to send comments or messages for any other purpose.
   3. Using the Service in a manner inconsistent with any and all applicable laws, rules, and regulations (including correctional facility policies).
   4. Decompiling, disassembling, modifying, translating, adapting, reverse engineering, or creating derivative based on, the Service, or any portion thereof.

   If we determine that you may have violated these Terms of Use, we may take appropriate action to report the matter to law enforcement and/or refuse or restrict your access to all or any portion of the Services.

8. Product and Service Availability.All offers on the Site are void where prohibited by law. Advertised prices and services may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Site may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Site are subject to these Terms.

9. Termination of your use of the service. We may suspend or terminate your use of the Service if you violate these Terms of Use or in our discretion. We may also impose limits on or restrict your access to parts or all of the Service without notice or liability.

   Identity verification. As a condition of using certain features of the Service, you may be required to provide a copy of a government issued form of identification bearing your photograph, such as a driver’s license or passport, for the purpose of verifying your identity.

10. Use of the Service. The Service and its contents and the trademarks, service marks and logos contained on the Service, are the intellectual property of the Company or its licensors and constitute copyrights and other intellectual property rights of the Company or its licensors under U.S. and foreign laws and international conventions. The Service and its contents are provided for your informational, personal, non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the expressed written consent of the Company. You agree not to engage in the use, copying or distribution of the Service or of any of its contents for any commercial purpose. You agree not to circumvent, disable, or otherwise interfere with security related features of the Service. We may, but are not obligated to, periodically provide updates to the Service to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Service or to any contents contained on the Service. All rights not expressly granted in these Terms of Use are reserved by the Company. You are solely responsible for your interactions with other users of the Service.

11. Feedback: We look forward to receiving your comments, requests or other feedback regarding the Services, and you agree that we are free to incorporate and use your feedback without restriction or royalty of any kind. You also agree that any feedback or submissions you provide will not provide any confidential or proprietary information.

12. Copyright Concerns. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Services, you may contact our Designated Agent at the following address: Legal Department, 2 Mid America Plaza, Suite 450, Oakbrook Terrace, IL 60181.

13. Links to third party applications and other websites. The Service may contain links to third-party applications (“apps”) and websites, resources, or data. You acknowledge and agree that the Company is not responsible or liable for: (1) the availability or accuracy of these third-party apps and websites, resources, or data; or (2) the content, products, or services on or available from these third-party apps and websites, resources, or data. You also acknowledge that you are solely responsible for, and assume all risk arising from, the use of any of these third-party apps and websites, resources, and data. Links to third-party apps and websites on the Service are not intended as endorsements or referrals by the Company of any products, services or information contained on the applicable apps and websites. These Terms of Use do not apply to third-party apps and websites, including the content of and your activity on those apps and websites. You should review third-party apps and websites’ terms of service, privacy policies and all other application and website documents, to inform yourself of the regulations, policies, and practices of third-party apps and websites.

14. Warranty Disclaimer. To the fullest extent permitted by applicable law, the information contained in and provided through the Service, including text, graphics, links, or other items, is provided “as is”. Neither the company nor its suppliers warrant the accuracy, adequacy, completeness or timeliness of the information, materials, products, and services accessed on or through the service and the company expressly disclaims liability for errors or omissions in the information or materials accessed on or through the service. no warranty of any kind, whether implied or expressed, including but not limited to the warranties of non-infringement, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given in conjunction with any information, materials, or services provided through the service.

15. Limitation of liability. To the fullest extent permitted by applicable law, in no event shall the Company, its employees, officers, representatives, agents, or third party suppliers be liable for any damages, losses or liabilities including, without limitation, direct or indirect, punitive, incidental, special, consequential or other damages, losses or expenses of any kind, including but not limited to, any lost profits, lost data, lost savings, or loss of use, whether based on breach of contract, breach of warranty, tort, or any other legal theory, arising out of or in any way connected with (i) the use or inability to use the site or the services; (ii) statements or conduct of any third party on our site or services; (iii) the delay or failure in performance resulting from an act of god, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; (vi) in connection with any failure of performance, error, omission, interruption, defect, delay, or degradation in operation or transmission, computer virus or line or system failure, even if the company or its third party suppliers are advised of the possibility of such damages, losses, or expenses. your sole remedy for dissatisfaction with the site and/ or services is to stop using the site and/ or those services.

    Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you. if any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Company under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).

16. Indemnification. You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, damages, and costs including attorneys’ fees, arising from or related to your use of the Service. You will not be required to indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, or expenses resulting from the Company’s own negligent conduct.

17. Dispute Resolution.

    Please Read This Following Clauses Carefully – They May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

    Arbitration. The parties agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ADEPT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER AGAINST THE OTHER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND ADEPT OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

18. Class Action Waiver. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

19. Exception. Notwithstanding the parties’ decision to resolve all disputes through arbitration, the arbitration section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement.

20. Amendments. These Terms of Use may be amended by the Company from time to time. We will post any material changes to these Terms of Use on the Site or Service with a notice advising of changes. You may cancel your account within thirty (30) days following the date the amended Terms of Use are posted by contacting us using the contact information in Section 30 below. If you choose to cancel your account within this thirty (30) day period, you will not be legally bound by the terms of the revised Terms of Use but will remain legally bound by terms of these Terms of Use, and we will provide you with a refund of any fees that you have paid and that have not been used in connection with the Service.

21. No Oral Modifications. Employees of the Company are not authorized to modify these Terms of Use, either verbally or in writing. If any employee of the Company offers to modify these Terms of Use, he or she is not acting as an agent for the Company or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the Company or anyone else purporting to act on our behalf.

22. No Third Party Beneficiaries. These Terms of Use are between you and us. There are no third-party beneficiaries.

23. Independent Contractors. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind the Company in any respect whatsoever.

24. Non-Waiver. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

25. Force majeure. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any pandemic, strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

26. Severability. If any provision of these Terms of Use is found to be unenforceable or invalid (other than the class action waiver in Section 19), that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

27. Assignment. These Terms of Use, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.

28. Governing Law and Courts: These Terms of Use are governed by the laws of the state of Delaware, without respect to its conflict of laws principles. In the event that the arbitration provision in Section 17 (Dispute Resolution) is found to be unenforceable, the sole jurisdiction and venue for any Disputes shall be the state and federal courts located in Delaware, and each party hereby consents to the exclusive jurisdiction and venue of such courts.

29. Contact us. If you have any questions about these Terms of Use, you may contact us by email at cobbestone. termsofuse@cobblestone.com or by postal mail at c/o Cobblestone, 2 Mid America Plaza, Unit 450, Oakbrook Terrace, IL 60181 Attn: Legal Department. If you have any questions regarding the Service or your account, or if you would like to cancel your account, please contact our Customer Service team using the information supplied through the “Contact Us” link on the Site.