Terms of Use

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Parkway Properties, LLC, an Alabama limited liability company, doing business as Raindrop Car Wash, and its agents, officers, contractors, and employees ( collectively “Company,” “we,” “us,” or “our”), governing your access to and use of the Company’s website, subscription programs (“Memberships” as defined below), and related digital services (collectively, the “Platform”).

                                                                                        

BY ACCESSING, REGISTERING FOR, OR USING THE PLATFORM AND BY USING THE COMPANY’S CAR WASH, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND THE COMPANY’S PRIVACY POLICY, LOCATED AT https://raindropcarwash.com/privacypolicy/ (“PRIVACY POLICY”). IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM, ACCESS THE WEBSITE, OR PURCHASE A CAR WASH.

 

1. These Terms & Conditions (“Terms”) govern your online or in person purchase through the Company’s website of single car wash services. Company also offers for sale through the website and in person different prepaid subscription or Membership plans (all of which are collectively referred to as “Memberships”); your enrollment and subscription in the Memberships is subject to the corresponding Membership offerings and these Terms. Use of the Company’s website and Company’s platform is governed by this Agreement and Company’s Privacy Policy.

 

2. MODIFICATIONS TO TERMS

The Company reserves the right to change car wash service levels or adjust future pricing for Memberships sold in any manner and at any time as Company may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes for Memberships or changes to the services will take effect immediately after posting at the Website or onsite. If the price of a service level increases in the future, each previously purchased Membership will still be redeemable for a service level at least equivalent to the prepaid wash pass as purchased.

 

3.USER’S ACCEPTANCE

User will be deemed to have accepted these terms and conditions by purchasing a single car wash on-line or in person, purchasing a Membership on-line or in person, or by any use of Company’s car wash services.

 

4. DESCRIPTION OF SERVICES

The Platform enables Users to enroll in and manage car wash Membership’s, purchase single washes, access account and billing information, receive service-related communications, and interact with Company services through Company’s kiosks and web interfaces. Service availability is not guaranteed.

 

5. 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 Company. The Service and its contents are provided for your information, 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 Company’s express, written consent. You agree not to engage in the use, copying, distribution of the Service, or of any of its contents for commercial purposes. You agree not to circumvent, disable, or otherwise interfere with security related features of the Service. The Company may, but is not obligated to, periodically provide updates to the Service to resolve or fix any bugs or add features and functionality. You do not acquire ownership rights to the Service or to any contents contained in 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.

 

6. ACCOUNT REGISTRATION AND SECURITY

You agree to provide accurate, current, and complete information for account access. Company assumes no responsibility for the accuracy of Your information or to provide any reminders or requests for updates. You are responsible for maintaining the confidentiality of your login credentials. The Company may suspend or terminate accounts for inaccurate information, misuse, or any reason in its discretion, with or without notice in the Company’s absolute and sole discretion.

 

7. MEMBERSHIP SUBSCRIPTION PLANS, BILLING, AND PAYMENT TERMS

 

7.1 Membership Plans 

The Company offers monthly Membership subscription plans, at various levels, that automatically renew. The Memberships permit daily car washes subject to plan limitations, operational conditions, and location availability. In addition to the Memberships, you agree these Terms of Use are binding and valid agreement between you and the Company.

 

7.2 Automatic Renewal Authorization 

By enrolling, you authorize recurring charges to your designated payment method until you cancel the subscription as provided in section 7.3.

 

7.3 Cancellation Policy 

To avoid renewal charges, cancellation requests must be submitted at least seven (7) calendar days prior to the next scheduled billing date. Failure to do so may result in a recurring charge which is not refundable.

 

7.4 Refund Policy 

No refunds or prorated credits are provided for unused Membership periods regardless of the date of termination.

 

7.5 Failed Payments 

If a payment is declined, the Company may, at its discretion, reattempt processing. Failure to resolve payment may result in suspension or termination without notice.

 

7.6 Pricing and Plan Changes 

Company may modify pricing or plan features upon no less than fourteen (14) days’ notice.

 

7.7 Discount and Promotion Eligibility 

Users who previously received a promotional discount are ineligible for new promotional discounts for three hundred sixty-five (365) days following termination of the prior plan.

 

7.8 Membership Abuse 

The Company may immediately suspend or terminate a Membership for abuse, misuse, fraud, safety concerns, or violations of these Terms in its absolute and sole discretion.

 

8. ACCEPTABLE USE

You may not engage in unlawful activity, automated access, reverse engineering, interference with security features, or circumvention of subscription controls.

 

9. DATA, PRIVACY, AND TRACKING TECHNOLOGIES

All customer data is owned and controlled by the Company and processed in accordance with the Privacy Policy which you agree to be bound by. A copy of the Privacy Policy is available on the Company’s website at https://raindropcarwash.com/privacypolicy/ and incorporated as if fully set out herein as it currently exists or as the Privacy Policy may be amended from time to time hereafter at the sole discretion of the Company. You authorize the Company to access and use all customer data to be accessed and used by the Company’s website contractor.

 

The Company may utilize any or all of the following, which includes but is not limited to:

 

• Location-based services and geolocation data
• License Plate Recognition (LPR) technology
• RFID tags or similar vehicle identification technologies
• Personally Identifiable Information, and
• Any other data or information input by You.

 

These technologies are used for subscription validation, fraud prevention, operational efficiency, and customer experience enhancement.

 

10. INTELLECTUAL PROPERTY

All Platform application, content, software, trademarks, and technology are owned by or licensed to the Company. No ownership rights are granted to Users.

 

11. FEEDBACK AND PHOTOGRAPHY / VIDEO OBTAINED DURING USE OF FACILITIES.

Any customer feedback, suggestions, video, aerial or “drone shots,” or photographs obtained of User may be used by the Company for any reason without restriction, attribution, or compensation.

 

12. THIRD-PARTY SERVICES

The Platform may link to or integrate third-party services up which includes the Company’s Application. The Company is not responsible for third-party content, availability, or data management practices of any third-party provider. You expressly agree to release, hold harmless, and waive any and all claims whatsoever against the Company for the access, storage, and use of Your data by any third-party.

 

13. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULTS, BE COMPATIABLE OR WORK WITH ANY HARDWARE OR SOFTWARE , SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HAMRFUL CODE, OR ERROR FREE.

 

14. LIMITATION OF LIABILITY

 

14.1 TO THE EXTENT PERMISSALE UNDER ALABAMA LAW, IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“COMPANY PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE PREPAID WASH OR MEMBERSHIP FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE COMPANY AND COMPANY PARTIES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED, IF A SINGLE PREPAID WASH, THE AMOUNT OF THE WASH OR THE TOTAL AMOUNT OF THE PURCHASED MEMBERSHIP DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE MEMBERSHIP AND ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR

 

14.2 THE COMPANY DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE. WITHOUT LIMITING THE GENERALITY OF THE PROVISIONS SET FORTH IN THIS AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE WITH RESPECT TO THE FOLLOWING ITEMS:

 

• Pre-existing damage and loose parts
• Negligence (driving, steering, braking, etc.)
• Electric running boards
• Aftermarket and non-factory parts
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields

 

15. FORCE MAJEURE

The Company is not liable for delays or failures caused by events beyond its reasonable control, such as but in no way is limited to, war, weather, pandemic, governmental declaration, or natural disaster.

 

16. INDEMNIFICATION

You will indemnify, defend, and hold harmless the Company from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your use or misuse of the Membership, (b) your breach of these Terms, or (c) your use of the Company’s services. The Company reserves, and you grant to the Company, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

 

17. TERMINATION

The Company may suspend or terminate access to the Platform at any time, with or without notice or liability.

 

18. DISPUTE RESOLUTION AND ARBITRATION

 

18.1 Any dispute, claim, or controversy of any nature arising out of or relating in any way to the use of the Website, the purchased wash, or the purchase of the Membership, the car wash services, these Terms, or the Arbitration Provision (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Provision”). This Arbitration Provision applies to you and the Company Parties. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.

 

18.2 Disputes Excluded from Arbitration

Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or the Company’s Party in small claims or district court are not subject to arbitration, so long as the disputes remain in such small claims or district court and advance only an individual (non-class, non-representative) claim for relief. In the event of any actual, alleged, or threatened violation of confidentiality or violation of the Company’s or the Company’s Party’s intellectual property or other proprietary rights, the Company’s Party may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

 

18.3 Confidential Proceedings

The parties expressly agree that any and all actions taken under the Arbitration Provision and related provisions, including, but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties or otherwise may be required by law.

 

18.4 Arbitrator

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

 

18.5 Place and Governing Law

The place of arbitration shall be in Jefferson County, Alabama, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1,et seq., as may be amended from time to time (the “FAA”), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Alabama shall apply without regard to conflict-of-laws provisions.

 

18.6 Survival; Severability

This Arbitration Provision will survive the termination of these Terms. Except as set forth in the section titled “Class Action Waiver” below, if any portion of this Arbitration Provision is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Provision will remain in full force and effect. Otherwise, no portion of this Arbitration Provision may be amended, severed, or waived without a written agreement between you and the Company.

18.7 Time Limitation on Claims

The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered any claim or dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period. Otherwise, the parties agree that any claim or dispute is permanently barred.

 

19. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of Alabama. For any non-arbitrable disputes, exclusive venue lies in the Pell City Division of the Circuit Court of St. Clair County, Alabama, the District Court of St. Clair County, Alabama, or the U.S. District Court for the Northern District of Alabama – Southern Division.

 

20. COMMUNICATIONS CONSENT

By providing Your contact information, you consent to receive service-related and promotional communications as described in the Privacy Policy.

 

22. CONTACT INFORMATION

 

Parkway Properties, LLC (d/b/a Raindrop Car Wash) 

 

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User”) and Parkway Properties, LLC d/b/a Raindrop Car Wash (“Company”). These Terms govern your use of Company locations, websites, mobile applications, subscription programs, RFID/LPR-enabled services, and related digital platforms (“Services”).

By accessing or using the Services, User agree to these Terms and the Privacy Policy.