Terms of Use & Membership Terms

Terms of Use

Pacific Auto Spa & Detail Center operates at 685 E Redlands Blvd, San Bernardino, CA 92408. Phone: (909) 894-3518. Hours: Monday–Sunday 8:30 am–4:45 pm Pacific Time.

The following terms of use (the “Terms of Use”) govern your use of and access to the website commonly known as www.pacificautowash.com, and related webpages and subdomains contained therein (collectively the “Site”), subject to the terms and conditions contained herein. This Site, and our Privacy Policy, are made available by Pacific Auto Spa & Detail Center (“Pacific Auto Spa” or “we” or “us” or “our”) to you. We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site.

1. Property Rights

The following terms of use (the “Terms of Use”) govern your use of and access to the website commonly known as www.pacificautowash.com, and related webpages and subdomains contained therein (collectively the “Site”), subject to the terms and conditions contained herein. This Site, and our Privacy Policy, are made available by Pacific Auto Spa & Detail Center (“Pacific Auto Spa” or “we” or “us” or “our”) to you. We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site.

2. Limited License

You may access and view the Website Content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site, including, without limitation, any Website Content thereon, is only for your personal, non-commercial use, unless otherwise determined by Pacific Auto Spa in its sole and exclusive discretion.

3. Prohibited Use

Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site (including, without limitation, any Website Content), is strictly prohibited unless you have received the express prior written consent of Pacific Auto Spa. You may not otherwise download, export, import, make, have made, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content (including, without limitation, any Website Content), code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4. Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of Pacific Auto Spa and others and may not be used unless authorized by the applicable Trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

5. User Information

In the course of your use of the Site, you may be asked to provide certain personalized information to us, including your name or e-mail address (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

6. User Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, works of authorship, comments, ratings, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“User Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending User Materials to us, you: (i) represent and warrant that: (A) the User Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in User Materials have been waived, and (B) that the submitted material, and its use, do not and will not violate the law or violate or infringe the rights of any entity, business or person; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable and assignable (with right to sublicense) right and license to use, copy, reproduce, modify, adapt, publish, export, import, make, have made, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works (whether in the Website Content or otherwise) in any form, media, or technology now known or later developed. We cannot and will not be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such submitted material at any time in our sole discretion.

7. Prohibited User Conduct

You represent, warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed received from Pacific Auto Spa or otherwise through the Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) dilute, tarnish, or otherwise harm the Pacific Auto Spa brand in any way, including through unauthorized use of Website Content or registering and/or using “Pacific Auto Spa” or derivative terms in domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Pacific Auto Spa domains, trademarks, taglines, promotional campaigns, or Website Content; or (d) attempt to gain unauthorized access to other computer systems through the Site. You shall not: (i) engage in spidering, spamming, phishing, pharming, crawling, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of Pacific Auto Spa’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law, rule, regulation, order or similar. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

8. Right to Monitor and Control of Site

Pacific Auto Spa reserves the right, but shall not have any obligation, to monitor and/or review materials or content, in whole or in part, submitted through the Site’s services or features by users, and Pacific Auto Spa is not responsible for any such materials submitted by users. However, Pacific Auto Spa reserves the right at all times to disclose any information as necessary to satisfy any law, rule, order, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Pacific Auto Spa’s sole an exclusive discretion are objectionable or in violation of these Terms of Use, Pacific Auto Spa’s policies or applicable law. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty of any kind if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use, or applicable law, or for any other reason without notice of liability.

9. Indemnification

You hereby agree to defend, indemnify and hold the Protected Parties (as defined below) harmless from and against any and all claims, liabilities, penalties, causes of action, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, relating to or arising in any way from: (i) your use of the Site or any Website Content: (ii) your placement or transmission of any message, content, information, software or other materials through the Site; or (iii) your breach or violation of any law, rule, regulation or order, or of any term or condition of these Terms of Use. Pacific Auto Spa hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pacific Auto Spa’s defense of such claim in every reasonable and lawful way requested by Pacific Auto Spa.

10. Third Party Websites

You may be able to link from the Site to third party websites and third party websites may link to the Site (collectively, “Linked Sites”). You acknowledge and agree that we have no liability, control or responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Pacific Auto Spa. Links to Linked Sites do not constitute an endorsement, affiliation or sponsorship by us of such websites or the information, access, content, products, services, advertising, code or other materials presented on or through such websites. In addition, Pacific Auto Spa is not responsible or liable for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website, including, without limitation, any Linked Sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms of Use only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from this Site.

11. Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the applicable contact, below:Information that must be submitted:‍

Your address, telephone number, and e-mail address;

A description of the copyrighted work that you claim has been infringed;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notifications of claimed infringement to: interlocksocial@gmail.com.

12. Disclaimer of Warranties

The site, including, without limitation, all services, content, functions and materials, is provided “as is,” “as available”, and with all faults and defects, without warranty of any kind, either express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and Pacific Auto Spa hereby disclaims any and all such warranties, express or implied. Pacific Auto Spa does not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Pacific Auto Spa makes no warranty that the site will meet users’ requirements. Advice, results or information, whether oral or written, obtained by you from Pacific Auto Spa or through the site shall not create any warranty not expressly made herein. Pacific Auto Spa also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.We reserve the right to change or make corrections to any of the information provided on the site, including, without limitation, any web content, at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site.

13. Limitation of Liability

In no event shall Pacific Auto Spa or any of its members, managers, directors, officers, employees, agents, advisors, successors, assigns or content or service providers (collectively, the “protected parties”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site or the web content, materials or functions related thereto, your provision of information via the site, lost business or lost sales, even if such protected party has been advised of the possibility of such damages. ‍Because some states or jurisdictions do not allow the exclusion of or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the protected parties’ liability shall be limited to the maximum extent permitted by law. ‍In no event shall the protected parties be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site. In no event shall the total aggregate liability of the protected parties to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the site exceed, in the aggregate, the amount, if any, paid by you to Pacific Auto Spafor your use of the site or purchase of products via the site.

14. Ability to Access Website

You expressly agree that your use of or inability to use the Site is at your own risk. Users of the Site must be either 18 years of age or older, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. This Site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning, if Pacific Auto Spa discovers that a user is under 18 years of age. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, rules, regulations and orders, if and to the extent the same are applicable.

15. Termination

Pacific Auto Spa may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time, and from time to time, in its sole and exclusive discretion. Pacific Auto Spa may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of these Terms of Use or applicable law, rule, regulation or order, or for any other reason without notice or liability.

16. Governing Law and Arbitration

These Terms of Use and any separate agreements whereby we provide you access to the Site shall be governed by the laws of the State of California without giving effect to any conflict of laws principles or any laws that would provide the application of the law of another jurisdiction other than California. You hereby knowingly and irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, the Superior Court of California, County of San Bernardino (USA) and the federal courts located in the Central District of California (USA) in such legal action or proceeding. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms of Use and shall not be referenced or applied. These Terms of Use are prepared and executed in the English language only and any translations of these Terms to any other languages shall have no effect. All proceedings related to these Terms of Use will be conducted in the English language. Each of us agrees that we will not bring a claim under the Terms of Use more than two (2) years after the time that the claim accrued.

17. Changes to Terms of Use

Pacific Auto Spa reserves the right, at its sole discretion, to change, modify, alter, supersede, replace add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.

18. Contact Information

Questions about these Terms of Use may be sent to interlocksocial@gmail.com or by contacting Pacific Auto Spa & Detail Center at 685 E Redlands Blvd, San Bernardino, CA 92408, phone (909) 894-3518, Instagram @pacificautospasb (instagram.com/pacificautospasb). Hours: Monday–Sunday 8:30 am–4:45 pm Pacific Time.

Questions about these Terms of Use should be sent to us at interlocksocial@gmail.com. These Terms of Use were last reviewed and updated on October 6, 2026.

Membership Terms and Conditions

These Membership Terms apply to paid wash memberships and promotional membership offers (including first-month or discounted Silver/Gold offers) at Pacific Auto Spa.

1. Purpose

Pacific Auto Spa & Detail Center (“Pacific Auto Spa”), offers membership in its Pacific Auto Spa Membership Program (the “Membership Program”) that allows members to subscribe for a Membership Plan per Vehicle (each, a “Membership Plan”) for car wash services at Pacific Auto Spa’s location at 685 E Redlands Blvd, San Bernardino, CA 92408 for each applicable Member automobile (each, a “Vehicle”). These Membership Terms and Conditions (“Terms”) contain the exclusive and binding terms and conditions of purchase of and Membership in the Membership Program, by and between Pacific Auto Spa and the party listed as the Member (“Member” or “you” or “your”) in the applicable Membership Agreement Sign-Up (the “Agreement”) executed by you. As used in these Terms, the “Service” or the “Services” means the car wash services provided to the identified Member Vehicle in the Agreement under the applicable Membership Plan.By providing Pacific Auto Spa with a Payment Method (defined below), and either accepting these Terms or otherwise utilizing the Services, you agree that you have read, agree to and understand these Terms. If you do not agree with these Terms, you may cancel your Membership Plan per the procedure outlined below; provided, that upon cancellation, you may not use the Services. These Terms contain an arbitration agreement, class action waiver and jury trial waiver. BY AGREEING TO THESE TERMS, EACH MEMBER AGREES TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES REGARDING THE THESE TERMS, THE MEMBERSHIP PLAN, OR MEMBERSHIP PROGRAM (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

2. Limited License

(A) Agreement; Membership Plan Perks. In exchange for the payment of the applicable Fees (as further set forth in the Agreement and these Terms) and your adherence to all of the terms and conditions herein, Pacific Auto Spa hereby agrees to permit you access to and utilization of the Membership Plan in connection with the Services provided by Pacific Auto Spa. The Membership Plan specifically grants you the right to unlimited carwash services for one (1) Vehicle. A Member may have more than one Membership Plan applicable to its Member account with Pacific Auto Spa (a “Membership Account” or “Account”). You shall abide by the rules, regulations and policies of Pacific Auto Spa set forth herein and any other written policies of Pacific Auto Spa that Pacific Auto Spa may issue from time to time. To the furthest extent permitted by applicable law, Pacific Auto Spa reserves the right to modify or terminate the Membership Program and these Terms at any time upon prior written notice to you.(B) RFID Tags. Pacific Auto Spa shall provide you the number of RFID Vehicle Tags (“RFID Tags”) as set forth in the Agreement. Only a pre-registered Vehicle may use a RFID Tag. You shall not directly or indirectly permit any other vehicle, person, business or entity to use any RFID Tags. You shall be solely and exclusively responsible for the RFID Tags, and shall promptly report to Pacific Auto Spa if an RFID Tag is lost, damaged or destroyed. You shall be solely and exclusively responsible for the payment of any fees or charges for the replacement of any RFID Tag. Upon termination of the Agreement or a Membership Plan for any reason, you shall return to Pacific Auto Spa all RFID Tags in its possession. RFID Tags remain the exclusive property of Pacific Auto Spa and must be surrendered upon request.(C) Member Eligibility. Each purchased Membership Plan is for a single, personal, non-commercial Vehicle only. Resale or transfer of a Membership Plan or RFID Tag to another vehicle or person is expressly prohibited. You represent and warrant that you are: (i) not under the age of 18; (ii) not subscribing under a false name or with false information; (iii) are authorized to use the form of payment submitted for Membership; (iv) will not use other Members’ accounts and will not let others use your Account; (v) will not attempt to or actually override any security component included in any website provided by Pacific Auto Spa for access to your Account, including, without limitation https://customerportal.nxtwash.com/pacificcarwash; and (vi) will comply with these Terms at all times. If a Vehicle identified with a Membership Plan is lost or stolen, you must promptly deactivate the Vehicle’s Membership Plan, or others may access the Services through a Member Account and may be able to access certain information form your Account. To deactivate in the event of theft or loss, use the NXTWash membership portal (https://customerportal.nxtwash.com/pacificcarwash) or in person at Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. Email is not accepted for membership changes. (D) Membership Plan Discounts or Promos. From time to time, Pacific Auto Spa may elect to offer discounts and promotions to its Members. If a discount or promotion is available to you, then it will be specified at the time of purchase. As a result, the availability, duration, and any other terms for any discount or promotion may vary as determined by Pacific Auto Spa at its sole discretion. At the expiration of any discounted or promotional period, Pacific Auto Spa shall charge the then-current fee for a Member’s Membership Plan on the Plan’s next billing cycle to the applicable Payment Method. Pacific Auto Spa hereby reserve the right to revoke any discount or promotion at any time, and charge a Member the then-standard Fee for its Membership Plan, and/or suspend a Membership Plan if Pacific Auto Spa determines that a Member is not eligible for the applicable discount or promotion.(E) Compliance with Laws. You hereby agree that you shall use your Membership Account and applicable Membership Plans solely in accordance with all applicable laws, rules and regulations. Pacific Auto Spa may cancel a Membership Account or Membership Plan if you violate or breach these Terms or it is determined by Pacific Auto Spa in its reasonable discretion that you are engaged in illegal or fraudulent use of the Services, the Membership Account or the Membership Plan.

3. Membership Accounts

You represent and warrant that you have access and control over your Membership Account and you are 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 an Account, a Member must be not less than 18 years of age. If you submit personal information of any person other than yourself in connection with registering for an Account or purchasing additional Membership Plans, you represent and warrant that you have all applicable rights, permissions and consents to provide Pacific Auto Spa with that information. To update an Account, please use the NXTWash membership portal (https://customerportal.nxtwash.com/pacificcarwash) or in person at Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. Email is not accepted for pausing, cancelling, editing, or otherwise managing a membership.

4. Payment

The Membership Plan for each Vehicle will commence with a Member’s delivery of a current, valid, accepted debit or credit card, or an otherwise approved or accepted digital form of payment (e.g., Venmo, CashApp, Apple Pay, Zelle) as may be updated and/accepted from time to time (“Payment Method”) to Pacific Auto Spa (either in person or via the Pacific Auto Spa website) and a Member’s acceptance of the Terms as set forth herein. Each Membership Plan will automatically renew monthly, such that a Member’s Payment Method will automatically be charged on a recurring monthly basis until cancelled by the Member or terminated by Pacific Auto Spa in accordance with these Terms. The Member will receive a receipt via email from the Payment Method, Third Party Payment Processor or from Pacific Auto Spa. You retain the right, without additional cost or penalty, to terminate the Membership Plan if you cancel your Membership Plan or Account, as described below.

5. Billing; Cancellation; Termination by Pacific Auto Spa

(A) Billing. To purchase a Membership Plan, you must provide a Payment Method. You hereby authorize Pacific Auto Spa (or its Third Party Payment Processor, as defined below) to charge the current Payment Method associated with the applicable Membership Plan for all Membership Plan fees (each, a “Fee”), which will be automatically charged on a monthly basis commencing on the day you sign up for a Membership Plan. The period of time between each billing date shall be the “Billing Cycle”. You shall remain responsible and liable for any uncollected amounts due to Pacific Auto Spa. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you have not otherwise cancelled your Membership Plan, Pacific Auto Spa may suspend your access to the Services until Pacific Auto Spa has successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees. Pacific Auto Spa shall have no responsibility or liability if your Payment Method is declined by your applicable financial institution. Payments are processed by our PCI-compliant third-party payment processor (the “Third Party Payment Processor”). For a Member to update its Payment Method, please use the NXTWash membership portal (https://customerportal.nxtwash.com/pacificcarwash) or in person at Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. Pacific Auto Spa may also update a Member’s information on a Member’s Payment Method using information provided by a Member’s payment service provider or financial institution, such as the expiration date of a Member’s Payment Method. Following any update to such information, you hereby authorize Pacific Auto Spa to continue to charge the applicable Payment Method for each Membership Plan associated with your Account.(B) Fees. The Fees for a Member’s Membership Plan, and any other charges a Member may incur in connection with its Membership Plan and use of the Services, such as taxes and possible transaction fees, will be charged monthly to the Payment Method on the day of month on which the Member signed up for the Membership Plan. Fees are fully earned upon payment and non-refundable unless otherwise set forth in these Terms. Pacific Auto Spa offers no refunds or credits for partially-used or non-used Membership Plans. Any refund, discount, or other consideration to you shall be determined in the sole and absolute discretion of Pacific Auto Spa in accordance with applicable law.(C) Cancellation; Reactivation. You may cancel an applicable Membership Plan and/or your Membership Account at any time only through the NXTWash membership portal (https://customerportal.nxtwash.com/pacificcarwash) or in person at Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408 (each, a “Cancellation Notice”). Membership pauses, cancellations, and edits are handled only through the NXTWash membership portal at https://customerportal.nxtwash.com/pacificcarwash or in person at the shop; requests sent by email (including replies to email receipts) are not accepted. Receipt of a Cancellation Notice shall terminate your Membership Plan (or entire Account, as applicable) at the end of the then-current Billing Cycle for the applicable Membership Plan; or, if you have more than one Membership Plan, on the last day of the then-current Billing Cycle for the latest-to-expire Membership Plan. Upon receipt of your Cancellation Notice, Pacific Auto Spa shall use its commercially reasonable efforts to promptly terminate your Membership Plan or Account, as applicable. After receipt of a Cancellation Notice, you have the right to continue to utilize the Services until the end of your applicable Billing Cycle. To reactivate a closed Membership Account, a Member must use the NXTWash membership portal (https://customerportal.nxtwash.com/pacificcarwash) or in person at Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. (D) Termination. To the maximum extent permitted by applicable law, Pacific Auto Spa may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate a Member’s Membership Plan, an Account, or use of the Services, without notice or liability. If Pacific Auto Spa refuses, suspends, deactivates, or terminates a Membership Account, such Member may not register another Account or purchase a separate Membership Plan without Pacific Auto Spa’s prior written consent, which may be withheld in its reasonable discretion. Except as required by applicable law, Pacific Auto Spa shall not be obligated to credit or discount a Member’s account for any such refusals, suspensions, deactivations, or terminations.

6. Communication

Pacific Auto Spa may send information relating to your Account or Membership Plan (e.g. payment authorizations, changes in password or access of an Account, changes to a Payment Method, confirmation messages, notices, etc.), via email to the email address you provide to Pacific Auto Spa or via text message to the cellphone number you provide to Pacific Auto Spa in any form. You hereby agree that any notices, agreements, disclosures, invoices, comments or other communications that Pacific Auto Spa sends to you electronically are hereby voluntarily and knowingly accepted by you and such communications do not violate any applicable law, rule, regulation or order.

7. Text Messaging

You hereby further authorize that Pacific Auto Spa may communicate with you via text message. Each Member’s cellphone carrier’s (each, a “Carrier”) standard message rates will apply to any message sent by a Member to Pacific Auto Spa, a Member’s receipt of texts from Pacific Auto Spa, and all subsequent text messages. Other charges may apply. You shall be solely and exclusively responsible for all charges billed by and payable to your mobile Carrier. Pacific Auto Spa assumes to responsibility or liability for any delays in the receipt of any text messages or other communications. Delivery of communications, including, without limitation, text messages, is subject to Carrier data requirements, connectivity and a Member’s device settings. Data obtained from a Member in connection with any text messaging correspondence may include a Member’s mobile phone number, a Member’s Carrier’s name, and the date, time and content of a Member’s messages and other information a Member provides to Pacific Auto Spa. Pacific Auto Spa may use all or any portion of this information to contact you and provide Services to you. Pacific Auto Spa shall not send you any promotional messages via text unless you expressly opt-in to receiving such messages, either through these Terms or otherwise. Consent to receive such messages is not a condition of making any purchase. The maximum number of messages per month from Pacific Auto Spa to you will vary. You can unsubscribe from text message communications at any time by texting STOP to the number that appears from Pacific Auto Spa in your text message. If you no longer have the original text message, you may call (909) 894-3518 or tell us in person at 685 E Redlands Blvd, San Bernardino, CA 92408 to opt out of transactional messages and promotional messages, and Pacific Auto Spa will use its reasonable efforts to answer your opt out message in a timely manner.

8. Privacy Terms

When a Member registers its Membership Account and purchases one or more Membership Plans, Pacific Auto Spa may collect personally identifying information, which is subject to the Pacific Auto Spa Privacy Policy located at https://www.pacificautowash.com/privacy incorporated herein by reference (the “Privacy Policy”). By executing the Agreement, signing up for an Account or using the Services, you acknowledge and agree that you have reviewed the Pacific Auto Spa Privacy Policy and agree to its terms and conditions and consent to Pacific Auto Spa’s collection of information as specified therein.

9. Property As-Is, Where-Is

You acknowledge the scope of the Services contemplated herein may include your visitation to and/or accessing one or more car washing properties owned, operated and/or licensed by Pacific Auto Spa (collectively, the “Property”). By signing up for a Membership Account, you hereby accept the applicable Property in its condition on each visit by you (or any Vehicle), AS-IS, WHERE-IS, WITH ALL FAULTS AND DEFECTS, and assume all risks, whether known or unknown, arising out of or relating to the Property. Pacific Auto Spa makes no representations or warranties, either express or implied, either in fact or by operation of law, statutory or otherwise, to you regarding the Property, or any building, dwelling or structure locating thereon, including, without limitation, the condition of any building, structure, accessory, dwelling, fixture, equipment, installation (whether temporary or permanent) on or around the Property, and hereby expressly disclaims all representations and warranties related thereto. You shall repair any damages to the Property and any resulting injury arising from or relating to you or your Vehicle, or from visitation and/or access to the Property (whether by you or those under your direction and control) at your sole and exclusive expense.

10. Feedback

In the event that you provide Pacific Auto Spa with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Services (collectively “Feedback”), you agree that Pacific Auto Spa may use the Feedback to: (a) improve the Services or any products and (b) promote the Services, and that you will not be due any compensation for your Feedback. To the extent that Pacific Auto Spa has your name, likeness, photographs, or voice, this will be part of the Feedback and you hereby agree that Pacific Auto Spa may use your name, likeness, photographs and voice in the same manner that Pacific Auto Spa can use other Feedback. You grant to Pacific Auto Spa a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, export, upload, download sell, offer for sale, make, have made, make derivative works of and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with Pacific Auto Spa, unless Pacific Auto Spa has entered into a separate agreement with you that provides otherwise.

11. Insurance; Indemnification

For so long as Member is a part of a Membership Plan, Member shall, at its own expense, maintain and carry Comprehensive Automobile Liability Insurance insuring bodily injury and property damage arising from all owned, non-owned and hired vehicles, if any, including, without limitation, all Vehicles. Upon Pacific Auto Spa’s request, you shall provide Pacific Auto Spa with a certificate of insurance from your insurer evidencing the insurance coverage specified in these Terms. You hereby agree to indemnify, defend, and hold harmless Pacific Auto Spa and its officers, directors, employees, agents, Affiliates, successors, and assigns (collectively, “Pacific Auto Spa Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Account, any Membership Plan, the Services, your Vehicle, or a Member’s breach of these Terms.

12. No Warranties; Limitation of Liability

(A) No Warranties. TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, Pacific Auto Spa HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, CONCERNING ANY GOOD OR ANY SERVICES PROVIDED BY Pacific Auto Spa, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. (B) Limitation of Liability. TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW, Pacific Auto Spa AND ANY Pacific Auto Spa PARTIES (INCLUDING, WITHOUT LIMITATION, PACIFIC AUTO SPA), WILL NOT BE LIABLE TO MEMBER, OR ANY OTHER PERSON FOR ANY INJURY TO OR LOSS OF GOODWILL, BUSINESS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THESE TERMS), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITATION TO THE FOREGOING, Pacific Auto Spa WILL HAVE NO LIABILITY WHATSOEVER TO MEMBER OR ANY OTHER PERSON FOR OR ON ACCOUNT OF ANY INJURY, LOSS, OR DAMAGE, OF ANY KIND OR NATURE, SUSTAINED BY OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST MEMBER, ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM ANY INJURY CAUSED TO ANY PERSON OR PROPERTY BY ANY OTHER MEMBER OR VEHICLE. WITHOUT LIMITING THE FOREGOING, MEMBER ACKNOWLEDGES AND AGREES THAT, TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW: (I) Pacific Auto Spa SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: ANY DAMAGE TO ANY AFTER-MARKET ACCESSORIES (“AMA”) THAT ARE A PART OF ANY VEHICLE, OR THE EXACERBATION OF ANY PRE-EXISTING DAMAGE TO ANY VEHICLE, WHETHER OR NOT Pacific Auto Spa HAS BEEN INFORMED OF THE AMA OR PRE-EXISTING DAMAGE, AND (II) Pacific Auto Spa’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT, THE MEMBERSHIP PROGRAM, THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: $1,000; OR THE FAIR MARKET VALUE AS DETERMINED BY KELLEY BLUE BOOK FOR SIMILAR YEAR, MAKES AND MODELS OF THE VEHICLE INVOLVED IN THE APPLICABLE CLAIM.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 A MEMBER.

13. Governing Law; Venue; Attorneys’ Fees

These Terms shall be governed by and construed in accordance with the domestic laws of the state of California without giving effect to any choice of law or conflict of laws provision or rule (whether of the state of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of California. Subject to Section 13, below, each Member hereby agrees that the exclusive jurisdiction and venue for any action brought between the Parties under these Terms shall be the state and federal courts residing in the County of San Francisco, California, and each of the Parties hereby agrees and submits itself to the exclusive jurisdiction and venue of such courts for such purpose. In the event of any litigation between the Parties hereto arising out of these Terms, the prevailing Party shall be allowed all reasonable attorneys’ fees, court costs and expenses incurred in such litigation, including all such expenses incurred on appeal, together with all reasonable costs and disbursements necessary to enforce these Terms.

14. Dispute Resolution Section

In the unlikely event that Pacific Auto Spa and a Member have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.(A) INFORMAL DISPUTE RESOLUTION PROCESS.(i) If you are dissatisfied with the Services for any reason, you hereby agree to contact Pacific Auto Spa first in accordance with these terms in a good faith effort to attempt to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Pacific Auto Spa or any Pacific Auto Spa Party arising from your use of the Services or these Terms, these Terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 14, “Pacific Auto Spa” shall include all Pacific Auto Spa Parties. Pacific Auto Spa values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to interlocksocial@gmail.com, and via mail to the following address: Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. If Pacific Auto Spa has a Dispute with you, Pacific Auto Spa agrees to first send a Notice to you at your most recent email address on file with your Account, or if no email address is on file, other contact information associated with your Account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Pacific Auto Spa to identify your Account; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Pacific Auto Spa’s Notice must also describe its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). (ii) You and Pacific Auto Spa agree to negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Pacific Auto Spa requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney, if you’re represented by counsel. If you request a telephone conference to discuss the Dispute, Pacific Auto Spa agrees to have one representative participate. If the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Pacific Auto Spa may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).(iii) Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of these Terms. The statute of limitations and any filing fee deadlines will be tolled while you and Pacific Auto Spa engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, Judicial Arbitration and Mediation Services (“JAMS”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action. B. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND Pacific Auto Spa EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND Pacific Auto Spa EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST Pacific Auto Spa. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND Pacific Auto Spa AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.C. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT.(i) Any dispute, claim, or controversy between you and Pacific Auto Spa (that is not resolved informally by Pacific Auto Spa or as provided above) that arises from or relates in any way to these Terms (including any alleged breach of these Terms), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in these Terms shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of these Terms or after the termination of these Terms. Notwithstanding the foregoing, either you or Pacific Auto Spa may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Pacific Auto Spa challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from these Terms as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to our other contracting parties.(ii) Any court proceeding to enforce this Section 14, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 13. In the event Dispute Resolution Section 14 is for any reason held to be unenforceable, any litigation against Pacific Auto Spa (except for small claims court actions) may be commenced only in accordance with Section 13.D. INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTION PROTOCOLS. This subsection applies to Disputes that are submitted to JAMS after fully completing the informal Notice and Dispute resolution process described above and when no small claims court election is made by either Party. Any arbitration between you and Pacific Auto Spa shall be administered by JAMS in accordance with JAMS’ then-current comprehensive dispute resolution rules and procedures (the “JAMS Rules”) in effect at the time any demand for arbitration is filed with JAMS, as modified by this Section 14. For a copy of the JAMS Rules, please visit https://www.jamsadr.com/rules-comprehensive-arbitration/. If JAMS is unable or unwilling to perform its duties under these Terms, the parties shall mutually agree on an alternative administrator that will replace JAMS and assume JAMS role consistent with these Terms. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume JAMS; duties under these Terms. The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section: 1. Commencing an Arbitration. To initiate an arbitration, you or Pacific Auto Spa shall send to JAMS a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in these Terms and JAMS Rules. If you send a Demand for Arbitration, you shall also send it to Pacific Auto Spa at the contact address at the end of these Terms, within 10 days of delivery of the Demand for Arbitration to JAMS. If Pacific Auto Spa sends a Demand for Arbitration, Pacific Auto Spa will also send it to your mailing address on file with Pacific Auto Spa within the same 10-day period. If your mailing address is unavailable, Pacific Auto Spa will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Section 14 or if either Party elects small claims court as set forth above.2. Fees. The payment of all fees shall be governed by the JAMS Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the JAMS fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 14 of these Terms, (b) such reallocation is called for under these Terms, or (c) reallocation is otherwise permitted under applicable law. 3. The Arbitrator. The arbitration shall be conducted by a single, neutral arbitrator (the “Arbitrator”). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to these Terms. In the event JAMS Rules conflict with these Terms, the terms of these Terms shall control. If the Arbitrator determines that strict application of any term of Section 14 of these Terms (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.4. Confidentiality. Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.5. Arbitration Hearing. You and Pacific Auto Spa are entitled to a fair evidentiary hearing (i.e. trial) before the Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Arbitrator for good cause, will result in a default judgment taken against that Party.6. Arbitration Award. Regardless of the format of the arbitration, the Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Pacific Auto Spa and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the JAMS Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.7. Offer of Settlement. The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Arbitrator until after the Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. E. FUTURE CHANGES AND RETROACTIVE APPLICATION. This Section 14 applies to all Disputes between the Parties, including for any claims that accrued against you or Pacific Auto Spa prior to the time of your consent to these Terms and to any claims that accrue against you or Pacific Auto Spa after your consent to these Terms. Notwithstanding any provision in these Terms to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 14 as to claims that have accrued against you or against Pacific Auto Spa prior to the time of your consent to these Terms. You may opt out by sending Pacific Auto Spa written notice, within 30 days of the time you consent to these Terms, to interlocksocial@gmail.com or by mail to Pacific Auto Spa & Detail Center, 685 E Redlands Blvd, San Bernardino, CA 92408. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 14. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 14, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Pacific Auto Spa after your consent to these Terms in accordance with this Dispute Resolution Section.

15. Force Majeure

Pacific Auto Spa shall be excused from the performance of its applicable obligation(s) under these Terms to the extent that such performance is made commercially impracticable, illegal, or impossible by an event of Force Majeure that is beyond Pacific Auto Spa’s reasonable control. Such excuse of performance shall be continued for so long as the condition constituting Force Majeure continues and Pacific Auto Spa takes reasonable efforts to remove the condition or otherwise perform the affected obligation(s). For purposes of these Terms, “Force Majeure” shall mean acts of God, strikes, civil disturbances, fires, earthquakes, governmental order or proclamation, outbreak or pandemic, inclement weather, equipment failure, acts of terrorism, floods, explosions, riots, war, rebellion, sabotage or failure or default of public utilities or common carriers.

16. General Provisions

These Terms, as amended, altered or revised by Pacific Auto Spa, shall apply for so long as the Member has a Membership Plan with Pacific Auto Spa. These Terms and the Agreement, collectively represent the full, final and comprehensive agreement and understanding of the Parties regarding the subject matter contained herein. Any prior or contemporaneous agreements, whether oral or written, relating to the subject matter discussed herein have been merged into these Terms. Each provision of these Terms shall be considered severable such that if any one provision or clause conflicts with existing or future applicable law, or may not be given full effect because of such law, this shall not affect any other provision of these Terms that can be given effect without the conflicting provision of clause; provided however, that such provision shall be modified, to the minimum extent possible and necessary, to be enforceable to the fullest extent and in compliance with any such applicable laws, prior to it being severed from these Terms in its entirety. No waiver by any party of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by both parties. Except as otherwise set forth in the Agreement or these Terms, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Agreement or these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. Member may not assign these Terms without the prior written consent of Pacific Auto Spa. These Terms are for the sole benefit of the Parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of these Terms. Any notice required or permitted by these Terms shall be in writing and delivered in person, sent by documented overnight delivery service, mailed by certified or registered mail, postage prepaid, or sent via email to the appropriate designated address of the intended recipient, transmission verification required, to the appropriate party or parties at the addresses referenced in the applicable Agreement, or to such other address as the Parties may hereafter designate to the other in writing. The provisions contained herein shall not be construed or interpreted for or against any Party hereto because that Party drafted or caused that Party’s legal representative to draft any of its provisions. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of the FAA including, but not limited to, the following provisions: No Warranties; Limitations of Liability; and all General Provisions.

17. Changes to Terms

Pacific Auto Spa may, from time to time in its reasonable discretion, change, alter, revise or amend these Terms. Such revisions, alterations or amendments shall be effective immediately; provided; however, for existing Members, such revisions, alterations or amendments shall, unless otherwise stated, be effective for that Member’s next Billing Cycle after being posted on Pacific Auto Spa’s website or emailed to a Member