Motor City Car Wash highly values its customer relationships and we created this Statement to describe to you:
- the information we collect about you,
- how that information may be used,
- with whom it may be shared,
- how you may access the information you provide us,
- and your choices about such uses and disclosures.
1. INFORMATION WE COLLECT
In General. We collect personal information that can identify you such as your name, address, e-mail address and phone number, as well as other information that does not identify you. When you provide personal information to Motor City Car Wash, the information may be stored in databases located in the United States and other countries around the world.
Information You Provide. We may collect and store any personal information you provide to us including personally identifying information (such as your name, mailing address, e-mail address and telephone number), information about your vehicle, responses you voluntarily provide to surveys, and, if you purchase services from us, information about your payment method (such as valid credit card number, type, expiration date or other financial information).
2. HOW WE USE YOUR INFORMATION
We may use information that we collect about you to:
- deliver the products and services that you have requested;
- manage your customer relationship and provide you with customer service and support;
- perform research and analysis about your use of, or interest in, our services, or content, or products, services or content offered by others;
- communicate with you by e-mail, text message, postal mail, telephone and/or mobile devices about products or services that may be of interest to you from us, or other third parties;
- develop and display content and advertising tailored to your interests on our website;
- verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
3. WITH WHOM WE SHARE YOUR INFORMATION
a. Personal Information
We do not share your personal information with others except as indicated herein or when we inform you and give you an opportunity to opt-out of having your personal information shared.
Other Situations. We may disclose your personal information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Motor City Car Wash, our customers, our employees, or others.
- In connection with a corporate transaction, such as the sale of a franchise, a merger or asset sale, or in the unlikely event of bankruptcy.
b. Aggregated and Non-personal Information
We may share aggregated information (i.e., information about you and other customers collectively, but not specifically identifiable to you) and other non-personal information we collect under any of the above circumstances. We may share it with third parties to develop and deliver targeted advertising on our websites. We may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our websites and the most popular features or services accessed.
4. YOUR CHOICES ABOUT COLLECTION AND USE OF YOUR INFORMATION
You can, of course, choose not to provide us with certain information. Please note, however, that certain information may be required in order for you to obtain services from Motor City Car Wash /or participate in contests and promotions.
Federal and state regulations require that we store certain customer information for various periods of time. In order to comply with these requirements, we may be unable to delete your information until these retention periods are met.
You will always be given a choice as to whether you want to receive postal mail, e-mail messages, newsletters, phone calls and any other type of communication from Motor City Car Wash. At any time, you may modify your choice by contacting Motor City Car Wash at firstname.lastname@example.org. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt-out of receiving such messages in the future. We may send you other types of transactional and relationship e-mail communications, such as service updates or administrative notices without offering you the opportunity to opt-out of receiving them. Please note that opting out of receipt of promotional e-mail communications will only affect future activities or communications from us.
Under our Do Not Call Policy you may instruct us not to call you for marketing purposes by contacting Motor City Car Wash at email@example.com. We will implement your instructions within 30 days. Please note that we may still need to call you for other non-marketing purposes.
5. HOW WE PROTECT YOUR PERSONAL INFORMATION
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. We use firewalls to help prevent unauthorized access to your personal information.
Although we take steps to secure your information, no data protection system can be guaranteed to be 100% secure.
6. OTHER INFORMATION ABOUT OUR PRIVACY PRACTICES
a. Children's Privacy
We do not knowingly collect personal information from children under the age of 13.
We will occasionally update this Statement to reflect changes in our practices and services. When we post changes to this Statement, we will revise the "last updated" date at the top of the Statement. If we make any material changes in the way we collect, use, and/or share personal information that may impact you, we will notify you by sending an e-mail to the e-mail address you most recently provided us (unless we do not have such an e-mail address), and/or by prominently posting notice of the changes on our website and/or locations. We recommend that you review a copy of this Statement each time you provide personal information at one of our locations and/or website to inform yourself of any changes.
7. HOW TO CONTACT US
If you have any questions about this Statement or our information-handling practices, please contact us email at firstname.lastname@example.org or postal mail: Motor City Car Wash, 7366 Boynton Beach Blvd., Boynton Beach, FL 33437
SMS Text Policy:
By opting in to or using a Motor City text message service (“Motor City Texting Service” or “ Motor City Texting Services”), you accept these Text Message Terms and Conditions (“Terms and Conditions”) and agree to resolve all disputes relating to Motor City Texting Services through binding arbitration (and, with a few limited exceptions, not in court), and you waive any right to participate in class actions, as detailed under the “Disputes” section below.
BY USING MOTOR CITY TEXTING SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS, AS UPDATED FROM TIME-TO-TIME. If you do not agree with these Terms and Conditions, you must immediately cease using the MOTOR CITY Texting Services and opt out, as instructed below.
For purposes of these Terms and Conditions, “opt in,” “opting in,” and “opt-in” refers to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Motor City. “Motor City Texting Services” refers to any arrangement or situation in which Motor City sends (or indicates it may send or receives a request that it send) one or more text messages via a short code. A partial list of covered Motor City Texting Services is provided below. “Motor City” refers to (dba) Motor City Car Wash Can we just use Motor City Car wash and its affiliates.
A. Opting In
By opting into a Motor City Texting Service:
- You authorize Motor City to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt-in (i.e., the number listed on the opt-in form or instructions, or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). You also authorize Motor City to include marketing content in any such messages. You do not have to opt in to purchase from Motor City.
- You are signing your opt-in to the Motor City Texting Service.
- You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- You consent to the use of an electronic record to document your opt-in.
- You certify that you are 18 or older (19+ in AL and MS; 21+ in NE).
After opting in, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as a request to confirm your opt-in.
B. About the Motor City Texting Services
Although Motor City Texting Services are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. The Motor City Texting Services are not compatible with all cell phone models.
Unless otherwise noted, Motor City Texting Services may consist of multiple, recurring messages. Motor City may terminate any Motor City Texting Service or your participation in any Motor City Texting Service at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply. Motor City reserves the right to alter message frequency at any time.
C. Opt Out and Help
For Motor City Texting Services, you can get help by texting HELP to 90210, and you can opt out by texting STOP to 90210. For Motor City Texting Services operated through a different number, text HELP to that number for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the Motor City Texting Service to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification.
If you change or deactivate your mobile phone number, please contact Motor City at email@example.com to remove your number from any applicable Motor City Texting Services.
If you have further questions, please contact Motor City at firstname.lastname@example.org
D. Mobile Carriers
The 90210 short code Motor City uses for Motor City Texting Services is supported on many US Carriers.
Please note, however, that the supporting mobile carriers may change without notice, and the Motor City Texting Service you opt in to, including those operated through a different number, may be limited to specific carriers. Motor City and the mobile carriers are not liable for delayed or undelivered messages.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing Motor City Texting Services constitutes your acceptance of this Disputes Section. Please read it carefully as it provides that you and Motor City will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of this Disputes Section.
This Disputes Section describes when and how a Claim (defined below) shall be arbitrated. Arbitration is a way of resolving disputes before one or more neutral persons, instead of having a trial in court before a judge and/or jury.
YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE MOTOR CITY TEXTING SERVICES AND/OR THESE TERMS AND CONDITIONS, INCLUDING ALL CLAIMS RELATING TO THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, AND ITS IMPLEMENTING REGULATIONS, WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
IF YOU OR MOTOR CITY CHOOSES ARBITRATION, THEN ARBITRATION SHALL BE MANDATORY, AND:
- ANY CLAIM WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL.
- DISCOVERY AND RIGHTS TO APPEAL ARE LIMITED BY THE ARBITRATION RULES OF THE ARBITRATION ADMINISTRATOR.
- YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION (“CLASS ACTION WAIVER”).
- OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
What Claims are Covered A “Claim” is any claim, dispute or controversy between you and us that in any way arises from or relates to the Motor City Texting Services and/or this these Terms and Conditions. Notwithstanding the foregoing: (1) In lieu of arbitration, either you or Motor City can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and (2) You agree that you or Motor City may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Commencing Arbitration. Either you or Motor City may require any Claim to be arbitrated by first sending to the other party, by certified mail, a written notice of dispute (“Notice”). This Notice shall (1) describe the nature and basis of the Claim and (2) set forth the specific relief sought. If you and Motor City do not reach an agreement to resolve the Claim within 30 days after the Notice is received, you or Motor City may commence an arbitration proceeding.
Arbitration of a Claim must comply with this Disputes Section and the applicable rules and procedures of the arbitration Administrator. Arbitration is not mandatory for an individual Claim that you or Motor City may choose to bring in small claims court or the state’s equivalent court, if any. If that Claim is transferred, removed or appealed to a different court, you or Motor City then may choose arbitration.
Class Action Waiver. You give up your right to participate in a class action. This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any Claim. Further, unless both you and Motor City agree otherwise, the arbitrator may not consolidate more than one person’s Claim or Claims. Notwithstanding any other part of this Disputes Section, the validity and effect of the Class Action Waiver must be determined only by a court and not by an arbitrator. If a court limits or voids the Class Action Waiver, then this entire Disputes Section (except for this paragraph) will be null and void.
Right to Discovery. The parties shall have the right to discovery of non-privileged information and documents relevant to the Claim, subject to the rules and procedures of the Administrator.
Arbitration Result and Right of Appeal. Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. In response to a timely request from either party, the arbitrator must provide a brief written explanation of the basis for any award. The arbitrator’s decision is final and binding, except for any right of appeal provided by the Federal Arbitration Act. Any party can appeal the award to a three-arbitrator panel administered by the Administrator, which must reconsider any aspect of the initial award requested by the appealing party. Reference in this Disputes Section to the “arbitrator” means the panel of arbitrators if an appeal of the arbitrator’s decision has been taken. Subject to applicable law, costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal, unless applicable law or the Administrator’s rules provide otherwise. However, Motor City will consider any good faith, reasonable request for us to pay all or any part of those fees if you are the appealing party.
Governing Law. This Disputes Section is governed by the Federal Arbitration Act and not by any state arbitration law. The arbitrator must apply applicable statutes of limitations and claims of privilege recognized at law, and applicable substantive law consistent with the Federal Arbitration Act. The arbitrator is authorized to award all individual remedies permitted by the substantive law that would apply if the action were pending in court.
Rules of Interpretation. Except as provided above, if any part of this Disputes Section is determined to be invalid or unenforceable, this Disputes Section and these Terms and Conditions will remain enforceable. In the event of a conflict or inconsistency between this Disputes Section and the applicable arbitration rules or the other provisions of these Terms and Conditions or any other contract between you and Motor City, this Disputes Section will govern.
F. Choice of Law; Waiver of Trial by Jury
By using the Motor City Texting Services, you agree that federal law (including federal arbitration law) and laws of the Commonwealth of Virginia, without regard to the principles of conflict of laws, will govern your use. Any disputes, claims, and actions arising from or in connection with the Motor City Texting Services or these Terms and Conditions that are not arbitrated or that otherwise result in court action will be resolved exclusively by a state or federal court in Palm Beach County, Florida and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. You and Motor City both waive your right to a jury trial, unless such waiver is unenforceable.
G.Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, MOTOR CITY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE MOTOR CITY TEXTING SERVICES, APPLICATIONS, OR CONTENT THAT YOU RECEIVE FROM MOTOR CITY, AND DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE MOTOR CITY TEXTING SERVICES OFFERED TO THE PUBLIC COULD CONTAIN INACCURACIES, OTHER ERRORS, OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, MOTOR CITY IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. MOTOR CITY DOES NOT PROMISE ERROR-FREE SERVICES.
H. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, Motor City is not responsible and will not be liable for any damages of any nature, including any incidental, special, or consequential damages, punitive damages, or attorney’s fees.