(LAST UPDATED FEBRUARY 28, 2022)
These Terms apply to Mister employees, customer and vendors accessing or using the Platform.
BY ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY NOTICE.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Platform. By using the Platform after changes are posted, you agree to those changes.
USE OF THE PLATFORM
The Platform is made available through Mister using proprietary software and services sourced by Mister. Your use of the Platform is subject to the following terms and conditions:
- This Platform is not for legal demands or video requests. Submit legal demands to SmallClaims@mistercarwash.com. Submit video requests to VideoRequests@mistercarwash.com.
- Only use the Platform to upload documented facts related to the report. This may include photographs and official third-party reports.
- Keep a copy of all documentation you upload. Electronic files can get corrupted or lost and Mister Car Wash does not have any obligation to maintain your documentation for you.
- Do not submit materials or documentation that do not relate to the referenced report. Only materials related to the referenced report are permitted.
- Do not use the Platform in order to harass, abuse, stalk, threaten or otherwise violate the legal rights of others (such as rights of privacy and publicity) or in any manner that violates any federal, state, or local law or regulation.
- Do not upload materials or documentation that include any gratuitous nudity or sexual content or are otherwise violent or illegal, including those materials or documentation that may be infringing, unlawfully obtained, defamatory, indecent, pornographic, obscene or otherwise inappropriate or objectionable.
- Do not upload materials or documentation that include any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a Mister Car Wash or other third-party computer, network, or system.
- You may only upload those materials or documentation for which you have the right, consent, license or permission to submit to us.
- By uploading any materials or documentation, you warrant and represent:
- that you have the right, consent, license or permission to upload those materials and documentation.
- that all materials and documentation are true, accurate, and complete.
- that you have not falsified any materials or documentation.
- that you are submitting the materials and documentation in your own name and not under a false identity or in impersonation of any individual.
- You may not:
- attempt to compromise or circumvent any security or attempt to access areas or features of the Platform that you are not authorized to access
- reproduce, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Platform
- decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Platform
- create derivative works from, modify or alter any of the Platform in any manner
- use or access the Platform in a manner that would reasonably be expected to damage, disable, overburden, or impair any server or system
- interfere with another user’s use of the Platform
- use any robot, spider or other automatic device or manual process to access, monitor or copy the Platform or information available on the Platform
- use the Platform in a manner intended to abuse or violate the privacy or property rights of others
- access or allow access to the Platform for any purpose other than submitting factual information regarding the report
- intercept, examine, monitor or otherwise observe any proprietary communications protocol communicating with the Platform, whether through the use of a network analyzer, packet sniffer or other device or software
- download the Platform to any personal device
INTELLECTUAL PROPERTY RIGHTS
The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively the “Content”) are exclusively the property of Mister or, as applicable, its vendors or licensors. Mister reserves all rights in and to the Platform and Content, including all intellectual property rights.
The Platform and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Mister or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
The Platform and Content are provided on an “as is”, “as available”, and “with all faults” basis without warranty of any kind. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS NOT THE SOLE SOURCE OF COMMUNICATIONS FROM US TO YOU, AND WE MAY USE OTHER MEANS TO COMMUNICATE IMPORTANT INFORMATION TO YOU. THEREFORE, YOU MUST NOT RELY ON THE PLATFORM AS THE SOLE SOURCE OF COMMUNICATIONS FROM US TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE IN TRADE.
We have the right to immediately terminate these Terms and your use of the Platform without prior notice and at our sole discretion if you breach any provision of these Terms or any applicable policies, procedures, laws, rules, or regulations applicable to you. If your use of the Platform is terminated, you must stop using the Platform immediately and delete all copies of the Platform from any personal device. Our right to terminate is cumulative and does not affect any other rights or remedies we may have.
Without limiting the generality of the previous section, the Platform or Content may be unavailable or limited for various reasons, and we shall not be responsible for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Please direct any questions and concerns regarding these Terms to us by mail at 222 E. 5th St., Tucson, AZ 85705, Attn: General Counsel.