Last Updated: 08/06/2024

Membership in the Waterway Gas & Wash^® (“Waterway”) Clean Car Club (the “Club”) is conditioned on acceptance by you (“Member”) of the terms and conditions (“Terms”) contained herein. By enrolling in the Club or using or continuing to use the benefits of the Club, the Member shall be deemed to have agreed and accepted all of these Terms.

1. Membership

1.1 You must be 18 years of age or over and capable of entering into a legally binding agreement to apply for Membership.

1.2 Waterway reserves the right not to enroll or to cancel membership individuals for any reason, at any time, in Waterway’s sole discretion.

1.3 Membership is open to companies, partnerships, unincorporated associations, or similar entities.

1.4 To apply for membership, you must apply online at waterway.com, or in person at any Waterway location, and provide all indicated required information. Amongst the requested information, you must provide a valid credit card or debit card as payment instrument to pay your membership fees arising from your membership. You authorize Waterway to confirm that your payment instrument is in good standing with the issuing financial institution and/or carrier.

1.5 Members shall provide and maintain accurate and true personal information when applying for Club membership or using Club benefits. Failure to do so may invalidate membership in the Club and any subsequent benefits in Waterway’s sole discretion. It shall be Member’s responsibility to update personal information via the www.waterway.com website, via the  customerservice@waterway.com  email, or at any Waterway location.

1.6 As a condition of membership, you will be issued, and must affix to the interior or exterior windshield of the registered automobile, a Waterway speed tag. This speed tag enables Members to exercise the benefits of membership and must remain attached to the registered automobile on file at times during membership. In the event you are unable or unwilling to affix a speed tag to the registered automobile’s windshield membership will be denied.

1.7 Members may cancel their membership in the Club at any time by cancelling an account on the www.waterway.com website or by emailing customerservice@waterway.com. Cancellations made less than 3 business days prior to any billing date may not take effect in time to prevent such billing. No refunds or credits will be given.

1.8 Membership in the Club is non-transferable. Only the registered-member automobile may use Club benefits. Members may update automobile information twice during any one membership period. Members must promptly notify Waterway (customerservice@waterway.com) upon learning of any unauthorized use of Member benefits.

1.9 Club benefits are non-transferable and non-assignable. Club benefits and obligations are applicable to any driver of the registered automobile.

1.10 Member benefits may not be combined or used with any other offers.

1.11 Commencing December 1, 2019, in St. Louis, and as previously enacted in other markets, Waterway reserves the right to refuse service to vehicles with rear or roof mounted bicycle racks, roof racks or any other accessories.

2. Payment and Term

2.1 Upon enrollment, each Member will be charged a corresponding fee depending on their membership level as detailed on the www.waterway.com website and other Waterway marketing materials.

2.2 Waterway reserves the right to alter, amend, or change membership fees, benefits, prices, promotions, and offerings for the Club at any time (including during the membership term) and for any reason. Club fees, prices, promotions, and offerings may vary from location to location.

2.3 All monthly Club memberships are subject to automatic renewal. Accordingly, you agree that Waterway may submit periodic charges (e.g., monthly, annually, etc.) at the then-current membership rate to your chosen payment method, on the recurring date corresponding to the date you enrolled in the Club without further authorization from you, until you provide notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Waterway reasonably could act.

2.4 If, for any reason, recurring Member payment(s), cannot be authorized, Waterway will re-attempt the recurring Member payment(s) due for up to 10 days until authorized. Waterway may attempt to contact Member to advise of the termination but is of no obligation to do so.

2.5 To help prevent inadvertent cancellations due to expired payment cards, Waterway, or its credit card processing vendor at Waterway’s direction, may automatically update Member credit card information when current credit card information expires to prevent any interruption in your account or Member benefits. This service will automatically update expired credit card information with the most current information for that card as provided by the credit card companies. For more information on this service, please go to www.authorize.net/company/privacy/ or www.getbeyond.com/privacy-policy/

2.6 Waterway reserves the right to cancel or suspend memberships or Member benefits, interrupt services, close locations, or to end the Club in whole or in part, at any time and for any reason, in Waterway’s sole discretion.

3. Property Rights

Membership cards and speed tags are property of Waterway. Waterway provides Member a revocable, license to use Waterway membership cards and speed tags. Waterway may terminate this license at any time upon notice (oral or written) to Member.

4. Privacy

Waterway is committed to its Member’s privacy. Please review Waterway’s Privacy Policy here for more information.

5. Liability

5.1 Waterway accepts no liability for damage, losses, or harm caused by use of Waterway’s services through the Club.

5.2 Waterway accepts no liability for any losses or claims arising from any inability, or decreased ability, to use Member benefits, the www.waterway.com website, or any failure to complete a transaction.

5.3 Waterway shall not be liable for any loss, cost, expense, or damage of any nature whatsoever (whether direct or indirect) resulting from a Member’s reliance upon the information provided by Waterway and the resulting supply of goods and services to a Member.

5.4 Waterway shall not be liable to any Member or any other party or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of Waterway’s obligations, if the delay or failure was due to any cause beyond Waterway’s reasonable control.

5.5 Waterway will not be liable for lost, misdirected, bounced, or late delivery of any notice or alert concerning membership, the Terms, the Member, or Member benefits.

5.6 Under no circumstance shall Waterway’s liability exceed the fees paid by any Member during the previous month and under no circumstances shall Waterway be liable for a Member’s incidental or consequential damages.

5.7 You assume all responsibility and risk with respect to your use of the Member benefits or any Waterway products or services. MEMBER BENEFITS AND ALL WATERWAY PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WATERWAY DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES, THE CLUB, OR MEMBER BENEFITS WILL BE UNINTERRUPTED.

5.8 This section 5 applies only to the extent permitted by law.

6. Miscellaneous

6.1 Waterway may amend these Terms from time to time. Except as otherwise determined by Waterway, all amended terms shall automatically be effective at the time of posting on the www.waterway.com website. Additionally, Waterway may, but is not obligated to, attempt to notify Members of any amendments to the Terms via email.

6.2 Waterway reserves the right to eliminate, add, change, and substitute Club benefits and participating locations without notice.

6.3 Member agrees that no joint venture, partnership, employment, or agency relationship exists between you and Waterway as a result of these Terms.

6.4 These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Missouri without regard to conflict of law principles or law.

6.5 It is agreed that any dispute hereunder will be subject to the exclusive jurisdiction of the federal courts in the United States District Court for the Eastern District of Missouri or the state courts in St. Louis County, Missouri and the courts of appeal therefrom with any claim of forum non conveniens being waived.

6.6 No complaint may be filed by a Member unless Member has first submitted his/her claim in writing to Waterway by registered mail not less than sixty (60) days prior to such filing.

6.7 All right to trial by jury in any action, proceeding, or counterclaim arising out of or in connection with these Terms are irrevocably waived.

6.8 These Terms and any other terms referenced herein, shall constitute the entire agreement between Member and Waterway.

6.9 Any rights not expressly granted herein are reserved.