These Website Terms of Service govern access to and use of this website and related online services (“Services”), made available by Hoffman Development Corporation. and its subsidiaries doing business as Hoffman Car Wash & Hoffman Jiffy Lube (“HCW,” “we,” “us,” or “our”).
These terms of service apply to anyone accessing or using the HCW website and related online services.
By using the Services, you agree that you have read and understand these Terms and our Privacy Notice. If you do not agree with these Terms or our Privacy Notice, do not access or use the Services. We may modify these terms at any time. All changes will be effective immediately upon posting to the Services. Material changes will be conspicuously posted on the Services or otherwise communicated to you. By using the Services after changes are posted, you agree to those changes.
These Terms contain an arbitration agreement, class action waiver and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
Privacy Notice. We collect certain data when you use the Services. We will treat such data as described in our Privacy Notice (https://hoffmancarwash.com/privacy-policy/), which is incorporated into these Terms. Our Privacy Notice describes our data collection, use, and sharing practices.
License; Term. Provided you comply with these Terms, HCW grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Services solely for your own internal purposes as permitted by these Terms. These Terms begin upon your first access to or use of the Services and will continue in effect until terminated in accordance with these Terms.
Intellectual Property Rights. The “Services” includes all text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content. The Services are exclusively the property of HCW or its licensors. The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or related intellectual property belonging to HCW or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Product and Service Availability. All offers on the Services are void where prohibited by law. Advertised prices and available quantities may change at any time without notice to you. Some products and services may not be available in certain areas. The data contained on the Services may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the Site are subject to these Terms.
Suspension, Deactivation, and Termination. To the maximum extent permitted by applicable law, HCW may, for any reason and in its sole discretion, suspend, deactivate, or terminate your use of the Services, without notice or liability.
Compliance with Laws. When you use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
Restrictions on Your Use of the Services.
- You may download and print one copy of the Services’ visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
- You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or any part of the Services without HCW’s prior written consent.
- You will not use the Services for unlawful purposes.
- You warrant that all data you provide to us in connection with your access to and use of the Services is true, accurate, and complete.
- You will not submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud or falsify data in connection with your use of the Services, or act maliciously against the business interests or reputation of HCW.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose.
- You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Services to post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computers, hardware, software, system, data, or networks.
- You will not engage in activities designed to render the Services or associated services inoperable or to make their use more difficult.
- Indemnification. You will indemnify, defend, and hold harmless HCW Parties 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 access to or use of the Services, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the Services, (c) your order of products and services through the Services, or (d) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Linking to the Services. If you operate a website and are interested in linking to the Services: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with HCW’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by HCW; and (e) the link, when activated by a user, must display the Services full-screen and not within a frame. HCW reserves the right to revoke consent to link to the Services at any time in its sole discretion, either by amending these Terms or through other notice.
Feedback. HCW welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
Disputes; Governing Law. These Terms are governed by the laws of the state of New York, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Albany County, New York, with respect to any dispute arising under these Terms unless otherwise determined by HCW in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
The Services are provided “as is,” “as available,” and without any warranty of any kind. Neither HCW nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Services. HCW does not warrant or guarantee the quality, completeness, timeliness, or availability of the Services. HCW does not warrant or guarantee that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services or the servers that make the Services available are free of viruses or other harmful conditions or components. HCW is not responsible for any typographical errors on the Services.
To the maximum extent permitted by applicable law, HCW expressly disclaims all warranties of any kind with respect to the Services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. HCW has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from HCW or in any manner from the Services creates any warranty.
We make no representation that the Services are appropriate or available for use in locations other than the United States. If you choose to access or use the Services from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.
Your use of the Services is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Services, and any other damage that may be incurred.
Certain jurisdictions prohibit the disclaimer of certain warranties, so some of the above may not apply to you.
LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event will HCW, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “HCW Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with any products or the Services or your access to or use of, or inability to access or use, the Services (including without limitation the input of personal and other data into the Services), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a HCW Party has express knowledge of the possibility of the loss or damage.
Your sole and exclusive remedy is to stop accessing and using the Services or to return the products. Without limiting the foregoing, in no event will HCW Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION.
These terms contain a binding arbitration provision. You agree that all disputes between you and HCW will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration. Please read the following paragraphs carefully because they require you to arbitrate disputes with HCW and limit the manner in which you can see relief.
Applicability of Arbitration Agreement. Any dispute, claim or controversy of any nature arising out of or relating in any way to the use of the website, these Terms, or this Arbitration Agreement (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 Agreement”). This Arbitration Agreement applies to you and HCW, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. 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 TO 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.
Disputes Excluded from Arbitration. Disputes where the amount in controversy is less than US$10,000 and filed by you or HCW individually in a small claims court are not subject to arbitration, so long as the disputes remain in such 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 HCW’s or its licensor’s intellectual property or other proprietary rights, HCW’s may immediately resort to court proceedings in a court of competent jurisdiction as set forth above 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.
Confidential Proceedings. The parties expressly agree that any and all actions taken under the Arbitration Agreement 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 otherwise may be required by law.
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s 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.
Place and Governing Law. The place of arbitration shall be in Albany County, New York, 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, 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 New York shall apply without regard to conflict of laws provisions.
Survival; Severability. This Arbitration Agreement 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 Agreement is deemed invalid or unenforceable through a final judicial determination, the entire Arbitration Agreement shall be null and void. No portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and HCW.
Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
Class Action Waiver. YOU AND HCW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HCW agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Please direct any questions and concerns regarding these Terms to us by email at [email protected], by telephone at 518-862-1658, or by mail at 16 Kairnes St., Albany, NY 12205.