TERMS & CONDITIONS
The following terms and conditions (the “Terms and Conditions”) apply to all unlimited subscription plans (“Unlimiteds”) purchased by a customer (the “Customer,” “you,” or the “guest”) from Splash Car Wash or its affiliated entities (“Splash” or “we”). By continuing with and completing the purchase of an Unlimited the Customer acknowledges and agrees that he or she has read, understands, and consents to these Terms and Conditions in their entirety.
General Terms & Conditions
Unlimiteds will bill on the purchase day of every month or year until canceled by the Customer.
An Unlimited cancellation must be performed through the registered online account. Automatic Recharge Authorization shall remain in force unless Unlimited is canceled 7 days prior to the billing date. No refunds on Unlimiteds once the next billing cycle has occurred or if canceled throughout the billing cycle. Splash reserves the right to modify or cancel this program and specific memberships at will, at any time or if the guest does not conduct themselves in a respectable manner. Weather, maintenance, or equipment failure may affect the availability of wash services without notice, refund, or credit. Unlimiteds are 1 vehicle per tag and for personal use ONLY. Misuse of the membership will result in termination. Unlimiteds cannot be combined with other offers, discounts, wash tickets or gift cards unless specified in offer.
Refund Policy: Prepaid services and gift cards
All services are non-refundable after the service has been rendered. If dissatisfied, management may be contacted within 24 hours to request a complimentary re-do or wash credit. Monetary refunds can only be made if the Customer has paid but not received a wash (ex., a prohibited item is caught having already gone through the pay station).
Refund Policy: Recurring Memberships
Memberships are automatically charged monthly and may be canceled at any time prior to the next billing date. Once canceled, you may continue to wash through the remainder of your paid period. No prorated or partial refunds will be issued for cancellation or lack of use. Refunds for Unlimited memberships are subject to management approval and will not exceed 60 days of charges. Any refunds totaling $100 or more will be issued via paper check. All management decisions regarding refunds are final.
Customer Data
“Customer Data” means: (i) any electronic data, customer data, information, or material in any medium that Customer provides, uploads, or submits to Splash or that Splash collects from Customer, and (ii) any electronic data, customer data, information, or material generated from or in connection with Customer’s use of Splash’s services.
Customer hereby grants to Splash a non-exclusive, royalty-free license to copy, utilize, sell, lease, compile, aggregate, reproduce, store, distribute, publish, export, adapt, edit, translate, and utilize for all business purposes all of the Customer Data. Customer agrees that Splash has the right to de-identify the Customer Data, and Splash owns all intellectual property rights in such de-identified Customer Data. Customer agrees that Splash may use all such de-identified Customer Data for any legitimate business purpose including without limitation to aggregate, lease, sell, and develop and improve Splash’s products and services.
Use of Third-Party Platforms
Splash utilizes CRM platforms, Rinsed and Steer, to manage and regulate our communication efforts. We rely on these platforms to ensure that all messaging is conducted in full compliance with applicable messaging laws and regulations. These tools help us maintain legal standards and safeguard our practices in line with industry requirements.
Limited Warranty
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SPLASH’S SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, AND SPLASH DOES NOT MAKE ANY AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
SPLASH AND ITS OWNERS, PRINCIPALS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE “SPLASH PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO CUSTOMER, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF USE, AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SPLASH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT SHALL THE LIABILITY OF THE SPLASH PARTIES EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO SPLASH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SPLASH PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Choice of Law, Venue, and Collective Claim Waiver
Any claim by Customer against Splash or by Splash against Customer shall be governed by and construed in accordance with the laws of the State of Arkansas applicable to contracts made entirely within Arkansas and wholly performed in Arkansas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising between Splash and Customer shall be an appropriate federal or state court located in Little Rock, Arkansas.
To the fullest extent permitted by law, Splash and Customer agree that any dispute, claim, or controversy arising out of or relating to the services provided by Splash to Customer shall be brought on an individual basis only. Neither Splash nor Customer shall have the right to participate in or bring claims as a plaintiff, class member, or representative in any purported class action, collective action, consolidated action, or representative proceeding. The arbitrator or court may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
Force Majeure
Any failure or delay by Splash in the performance of its obligations to Customer shall not be deemed a default or breach of Splash’s obligations to Customer to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the United States, strikes, supplier and third-party failure, lockouts, labor difficulties, quarantines, health related orders, other similar actions taken by governmental authorities, or any other cause beyond the reasonable control of Splash.
Website & Branding Terms & Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Splash Car Wash’s relationship with you in relation to this website.
The term ‘Splash Car Wash’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 900 S Shackelford Rd. Little Rock, AR 72211. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Splash Car Wash’s prior written consent.