Terms and Conditions
TERMS OF SERVICE
Please read the Terms of Service carefully before you (the “User”) start to use of the website www.foamcarwashexpress.com. By using, accessing, or viewing the Websites of FOAM Carwash Partners LLC and its Affiliates (“FOAM Carwash Partners”, “we” or “us”), including any functionality, content, products and/or services offered on or through www.foamcarwashexpress.com including, but not limited to other web based applications such as e-commerce, customer portal, social media sites, etc. (the “Website[s]” or “Site[s]”), whether as a customer, guest or registered user, the following terms and conditions (“Terms of Service”) apply. By using the Website you accept and agree to abide by and be bound by the conditions and terms set forth in these Terms of Service. If you do not accept agreement to these Terms of Service, you must exit the Website immediately.
SCOPE OF AGREEMENT
These Terms of Service may be changed periodically at the sole discretion of FOAM Carwash Partners. Users will be bound by the version of this agreement posted at www.foamcarwashexpress.com or other Sites. Users are expected to check the Terms of Service periodically to take notice of the changes to the Terms of Service to which they are bound. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. Questions may be sent to http://www.foamcarwashexpress.com.
WEBSITE & LICENSE ACCESS
FOAM Carwash Partners hereby grants you, the User, a license to use, access, and view the Website, forums, and Internet content material. This license is personal, non-exclusive, non-transferable, and revocable at the sole discretion of FOAM Carwash Partners with or without cause. You may not assign or sublicense this license to any another party. The Website contains both restricted and public domains; FOAM Carwash Partners’ authorization to view any portion of the Website provides Users no grounds for access to other portions of the Website. User access to Website content is at the complete discretion of FOAM Carwash Partners. Restricted areas of the Website require the User to accept and go through account creation and subsequent User login. Users are responsible for maintaining the confidentiality of their User account information, including username/login and password, vehicle data and credit card information. Users are solely responsible to FOAM Carwash Partners for all activities that occur under their account and agree to immediately notify FOAM Carwash Partners of any unauthorized use of your username/login, password, or any other breach of security. We reserve the right to disable any username/login or password, whether chosen by you or provided by us, at any time, for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service. FOAM Carwash Partners reserves the right to view, monitor, and record activity on this site without notice or permission from you the User. We may disclose any records, electronic communications, information, materials, or other content of any kind for the following reasons:
- If we believe in good faith that the law or legal process requires it;
- If such disclosure is necessary or appropriate to operate this Site; or
- To protect our rights or property or the rights or property of our Users and business partners.
Information may be stored, produced, or copied in reasonable quantities for appropriate periods of time for valid business purposes. Users who store, produce or copy information are individually and completely responsible for any misuse, misappropriation, or improper disclosure of that information.
THIS WEBSITE MAY NOT BE USED FOR ANY ILLEGAL PURPOSE. You may only use this Website for lawful purposes and in accordance with these Terms of Service. You agree not to use this site for:
- Violating any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- Decompiling and/or recompiling data;
- Selling, renting, leasing, lending, or transferring any services or content provided on this site;
- Disrupting this site by any form from its primary purpose;
- Selling, distributing, or any form of commercial exploitation of content gathered from any of the websites;
- Data analysis beyond the scope of the contractual relationship between you and FOAM Carwash Partners, including, but not limited to: data mining, extraction tools, web bots, web crawlers, or other extraction or automated data gathering;
- Methodical attempts to access restricted content; or
- Accessing the Websites for anything other their primary purposes;
- Introducing any virus, Trojan horse, worm, logic bomb, or any other material which is malicious or technologically harmful.
LINKS TO THIRD PARTY WEBSITES
The FOAM Carwash Partners Website, and affiliate Websites, may contain URL links to websites and domains outside of the control of FOAM Carwash Partners (“Third Party Websites”); these links are provided for your convenience only. FOAM Carwash Partners is neither responsible for the content or resources of Third Party Websites, nor any harm arising therefrom. Users who access any of the Third Party Websites linked to this Website do so entirely at their own risk and are subject to the terms and conditions of use for such Third Party Websites.
FOAM Carwash Partners disclaims any duty to monitor or maintain the links. FOAM Carwash Partners’ inclusion of a link on its Website shall not, and must not be construed as an endorsement of that website or any affiliated product. FOAM Carwash Partners makes no representations or warranties of any kind, either expressed or implied, as to the reliability or completeness of any information contained on Third Party Websites.
WARRANTY & DISCLAIMER
FOAM Carwash Partners expressly disclaims any and all representations and warranties. Users are to infer no warranties or representations from FOAM Carwash Partners. The information provided on the Website is strictly presented “as is” for the User with the individual User solely and completely responsible for use of its content. Further, FOAM Carwash Partners expressly disclaims warranties of accuracy, completeness, non-infringement, Website availability, and suitability for all content found on any and all Websites. FOAM Carwash Partners is not responsible for any content, associated express or implied representations or warranties, or any Third Party Website linked from the FOAM Carwash Partners Website.
The information we collect from you may include personal data. We will only collect and process such information as is appropriate and necessary according to the type of services you wish to establish with us. To the extent that the information you provide to us includes personal data, you agree to FOAM Carwash Partners processing all such personal data for the purposes of providing requested services. Except to the extent required by law, FOAM Carwash Partners will not sell, lease, or release your name, address, telephone number, email address, or other personal data without your consent. FOAM Carwash Partners does not contribute to or participate in cooperative databases, which give other companies access to such personal information.
To provide a secure environment that is protected from unauthorized third-party access, alteration, theft, or misuse FOAM Carwash Partners uses industry-standard technology including encryption and firewalls to protect personal information gathered online. To enable us to provide a secure environment, FOAM Carwash Partners may use personal information internally to diagnose problems or to contact you if necessary.
FOAM Carwash Partners’ Website www.foamcarwashexpress.com collects and stores only personal information that customers and visitors knowingly and willingly provide.
FOAM Carwash Partners Community (“Community”) Websites such as the website (www.foamcarwashexpress.com/forum) collect and store only personal information that customers and visitors knowingly and willingly provide. Any information or content you hoose to share when using any of these forums or functions becomes public information.
INTELLECTUAL PROPERTY PROTECTION
FOAM Carwash Partners will protect its intellectual property to the fullest extent possible under the law. FOAM Carwash Partners expressly reserves all protections for its proprietary material including copyright, trademark, trade dress, patent, and trade secrets. Any violation, infringement, or misappropriation of FOAM Carwash Partners intellectual property should be immediately reported to FOAM’S legal representation or FOAM Carwash Partners representative.
All content on this Website and affiliated Websites, are owned by FOAM Carwash Partners and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, but is not limited to all software, compilations of content, search functions, photographs, graphics, logos, text, buttons, page layouts, audio, and video. You are permitted to use the Website for legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of FOAM Carwash Partners. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to www.foamcarwashexpress.com. If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of FOAM Carwash Partners intellectual property inconsistent with this agreement requires prior written consent by FOAM Carwash Partners. Violations, infringements, and misappropriations of FOAM Carwash Partners intellectual property will be prosecuted to the fullest extent of the law.
CUSTOMER COMPUTER STANDARD RECOMMENDATIONS
In order to have an optimal online experience, FOAM Carwash Partners recommends that customers utilize the following:
Internet Connection Requirements:
- High-speed internet connection
- Ability to access the following URLs through a firewall:
- Google Chrome latest version (Recommended)
- Microsoft Internet Explorer 11 (Windows OS)
- Mozilla Firefox latest version
- Apple Safari latest version (Mac OS)
Additional Software Requirements:
- Allowing cookies is required
- Pop-up blockers must be disabled for foamcarwashexpress.com
- 1024 x 768 screen resolution or higher
FOAM CARWASH PARTNERS COMMUNITY
The FOAM Carwash Partners Community (“Community”) may contain social media posts, message boards, forums, bulletin boards, and other interactive features, which allow Users to post, submit, publish, display, or transmit content or materials to other users (collectively "User Contributions"). All User Contributions must comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not FOAM Carwash Partners, retain full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by FOAM Carwash Partners, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of FOAM Carwash Partners. Any User Contribution posted to the Website will be considered non-confidential and non-proprietary, and FOAM Carwash Partners reserves the right to use, copy, distribute, and disclose such information to third parties.
FOAM Carwash Partners has no legal obligation to monitor the content of the Community. FOAM Carwash Partners may monitor the Community to facilitate business relationships; however this conduct shall not be construed to impose a legal obligation to control the content posted in the Community. For the benefit of the User’s participation in the Community is contingent on adherence to the following restrictions:
- POSTS MUST CONFORM TO AN ESTABLISHED STRUCTURE – The Community allows for a virtually unlimited number of topics, FOAM Carwash Partners has imposed a limited structure to ease navigation to desired topics. Users shall use their best efforts to follow the structure of the Community. If no posts cover the specific question; Users are encouraged to start a new thread for that subject within the appropriate area. Moderators may move threads that are more appropriately covered elsewhere to a different section.
- POSTS MUST BE RELEVANT TO THE DISCUSSION – Users are prohibited from posting distracting, inappropriate, or off topic responses. Spam postings will not be tolerated and may result in immediate revocation of User’s access to the Community. The Community is not to be used for commercial purposes or to generate business leads.
- USERS MUST BE RESPECTFUL – Posts containing profane, obscene, racist or inflammatory statements directed at individuals, communities, FOAM Carwash Partners or the general public will not be tolerated. FOAM Carwash Partners will remove such posts either in whole or in part at its discretion. The Community is for professional discourse only; as such Users are expected to act as professionals. Introduction of statements regarding religion or politics, while not prohibited, should be worded respectfully, should not considered offensive & done with caution.
- THIS IS A PUBLIC FORUM – By posting Users have forfeited any and all expectations of privacy and ownership of the content of their posts. This content may be re-used, reproduced, disseminated, published, retained, and transmitted at the discretion of FOAM Carwash Partners. Authorship of content will generally be recognized in the reproduction, unless FOAM Carwash Partners is in receipt of written request for content to remain anonymous from the User, or when it is FOAM Carwash Partners’ interest to conceal the authorship. Under no circumstances whatsoever will any User be compensated for FOAM Carwash Partners’ use of any posted content.
- COMMUNITY POSTS ARE NOT CAR WASH OR BUSINESS ADVICE – While many topics may relate to, depend on, or appear to be car wash and/or business advice, no post shall be construed as car wash and/or business advice. All Users must consult their respective car wash and business representatives for their relevant professional opinions. Despite User’s potential professional capability to offer advice in a business and/or car wash capacity, FOAM Carwash Partners expressly prohibits such action.
Moderators have complete discretion on the maintenance, review and content policing regarding the Community. Posting guarantees Users no rights of publication or continued display, FOAM Carwash Partners may alter or eliminate any or all aspects of the Community at its sole discretion.
FOAM Carwash Partners encourages a vibrant online Community. Contributions by Users increase the value of the Community and expand the available community knowledge. If Users feel their activity in the Community is being limited due to the aforementioned restrictions, please contact foamcarwashexpress.com. FOAM Carwash Partners expressly reserves the right to remove or modify any materials posted by Users at its sole discretion. Violations of the aforementioned policies may result in termination of User privileges, not necessarily limited to the Community. Repeated or flagrant violations by a User will result in termination of that User’s Community privileges. Any violation that constitutes illegal conduct will be reported to the appropriate legal authority, along with FOAM Carwash Partners’ action to terminate User access.
GOVERNING LAW & JURISDICTION
These Terms of Service and any dispute or claim arising from them will be governed by and construed in accordance with the laws of the State of Iowa without giving effect to any choice or conflict of law provision. United States federal law will apply where and when applicable. Nothing in this contract shall be construed to permit or require conduct contrary to the domestic laws of any nation for the actual use of the Website in that nation. Any legal suit, action, or proceeding arising out of these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, the City of Clive and County of Dallas, although FOAM Carwash Partners retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver of these Terms of Service by FOAM Carwash Partners shall be effective as to any other breach. Failure to prosecute a claim of breach for one action does not constitute waiver of that breach, and may be brought at a latter point in time or in conjunction with a subsequent breach.
- FOAM Carwash Partners Hours of Operations: Monday – Saturday, 7:30 am – 7:00 pm and Sunday – Saturday, 8:00 am – 6:00 pm. Hours may change at FOAM’s sole discretion.
- FOAM Carwash Partners Holidays. FOAM Carwash Partners recognizes the following holidays when offices and business operations are closed on these days or their days of observance:
- Thanksgiving Day (fourth Thursday in November)
- Christmas Day (December 25th)
- Force Majeure Closures. FOAM Carwash Partners services may be impacted by certain closures, federal shutdown, states of emergency, severe weather, and/or natural disaster. FOAM Carwash Partners services will respond and reopen appropriately.
- Other Closures. There may be occasions where FOAM Carwash Partners closes offices, such as for an equipment malfunction, routine maintenance, corporate meeting and/or day of community service.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, in conflict with any other binding legal agreement between the parties, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
This Website is operated by FOAM Carwash Partners LLC, 15920 Hickman Rd, Suite 400, PO Box 276, Clive, Iowa 50325. Any notices required under these Terms of Service should be sent to: FOAM Carwash Partners LLC, Attn: Legal Affairs 15920 Hickman Rd, Suite 400, PO Box 276, Clive, Iowa 50325
All other feedback, comments, and other communications relating to the Website should be directed to: foamcarwashexpress.com.
FOAM Carwash Partners respects the intellectual property rights of others and we ask that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. It is our policy to terminate repeat infringers' use of the Site. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Site;
- 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;
- Your email address, telephone number, and mailing address;
- 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 are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is: Your notice must meet the then-current DMCA implemented requirements. Contact information for said designated agent for notice of claims of copyright or trademark infringement:
FOAM Carwash Partners LLC
15920 Hickman Rd, Suite 400, PO Box 276
Clive, Iowa 50325