Membership Terms and Conditions

ATOMIC EXPRESS CAR WASH 

MONTHLY MEMBERSHIP TERMS AND CONDITIONS 

PURPOSE

Atomic Express Car Wash allows members to subscribe for a monthly membership plan specifying a car wash package for services at any of its car wash locations. The recurring monthly fee depends on the membership plan purchased for each vehicle. With a monthly membership plan, members may have one car wash per day.

SCOPE 

The membership terms contained herein (collectively, the “Terms“) govern your purchase of a monthly membership plan and your use of the services offered by Atomic Express Car Wash. 

OVERVIEW 

When you register your membership account and purchase one or more membership plans, you give permission to Atomic Express Car Wash to collect personally identifying information on you, which is subject to our Privacy Notice, which can be found at:  https://www.atomicexpresscarwash.com/privacy, and which is incorporated herein. Please review our Privacy Notice to understand our commitment to your privacy.

As used in these Terms, the words “service” or the “services” mean the car wash services provided to the identified vehicle by Atomic Express Car Wash under your purchased monthly membership plan.

By providing Atomic Express Car Wash a Payment Method, defined below, and by accepting these Terms and utilizing our services, you agree that you have read, accepted, and understand these Terms. Your usage of the services constitutes acceptance of the Terms.

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 SECTION 5 TO RESOLVE ANY DISPUTES REGARDING THE MONTHLY MEMBERSHIP (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). 

BY ACCEPTING THESE TERMS, YOU AGREE THAT SUCH ACCEPTANCE CONSTITUTES EXPRESS WRITTEN CONSENT FOR ATOMIC EXPRESS CAR WASH TO CONTACT YOU VIA ELECTRONIC MEANS (EMAIL, TEXT MESSAGES, SOCIAL MEDIA POSTS, ETC.) AS WELL AS VIA TELEPHONIC MEANS TO OFFER PROMOTIONS, ELICIT FEEDBACK, OR TO OTHERWISE CONTACT YOU REGARDING THE SERVICES OFFERED BY ATOMIC EXPRESS CAR WASH. IF YOU DO NOT WISH TO RECEIVE SUCH COMMUNICATIONS, PLEASE CONTACT ATOMIC EXPRESS CAR WASH TO ALERT US TO REMOVE YOU FROM SUCH COMMUNICATION LISTS. 

BY SUBSCRIBING FOR A MONTHLY MEMBERSHIP PLAN, YOU ACKNOWLEDGE THAT YOU ARE A CUSTOMER OF ATOMIC EXPRESS CAR WASH COMMENCING ON THE DATE YOUR MEMBERSHIP PLAN BECOMES EFFECTIVE.

SECTION 1: ATOMIC EXPRESS CAR WASH Monthly Membership Plans and Rates 

1.1. Services. Atomic Express Car Wash offers the following monthly membership plans: (1) Good; (2) Better (3) Ultimate; and (4) The Atomic Bomb (plan names are subject to change or updates from time to time and will be noted on the Atomic Express Car Wash website). For service details and fees, please visit our website at www.atomicexpresscarwash.com or visit any Atomic Express Car Wash location. Atomic Express Car Wash reserves the right to change our monthly membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to your monthly membership plan or any increase to your membership fees will take effect a minimum of thirty (30) calendar days after being posted at the on the Atomic Express Car Wash website.  Atomic will make best efforts to notify the member by email and/or text message of said changes to the plan.

Atomic Express Car Wash may close at any time for any reason, including but not limited to; inclement weather, maintenance, major holidays, store upgrades, and governmental orders or other force majeure events. A current paid monthly membership plan allows the vehicle identified with the plan ONE car wash per day at any Atomic Express Car Wash location subject to such factors. 

1.2. Auto-Renewal. The monthly membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method“) to Atomic Express Car Wash, which also serves as your express and explicit acceptance of the Terms as set forth herein. Your Payment Method will not be charged until you acknowledge your agreement to these Terms. Your monthly membership plan will automatically renew monthly, such that your Payment Method will automatically be charged on a recurring monthly basis until cancelled by you or terminated by us in accordance with these Terms. You retain the right without additional cost or penalty to terminate the membership plan if you cancel in a timely manner as described below.

1.3. License Plate Reader Technology (LPR). Atomic Express Car Wash uses License Plate Reader technology to validate your membership status when you visit an Atomic Express Car Wash location. In some cases, if the LPR is unable to consistently read your license plate, we may issue an RFID sticker.  This RFID sticker can only be used with the vehicle it is issued to.

1.4. Single Vehicle Plan. Each purchased monthly membership plan is for a SINGLE vehicle only.  Resale or transfer of your monthly membership plan to another vehicle or person is expressly prohibited. 

1.5. Family Plans. Family Plans allow you to purchase additional membership plans (each for a SINGLE vehicle) at a discounted fee under a single membership account. The fee for all membership plans in a family plan must be charged to the same Payment Method.  If the first membership plan purchased following the initial registration of a membership account under a family plan is cancelled, suspended, deactivated or terminated or any reason, then the next purchased membership plan will be considered the primary membership plan and will be charged the current standard fee for such membership. 

 1.7. Vehicle Sold. If a vehicle identified with a membership plan is sold, you may transfer the membership plan to another vehicle by visiting any Atomic Express Car Wash Location office and alerting a staff member of the change. 

1.8. Vehicle Stolen. If a vehicle identified with a membership plan is lost or stolen, you must promptly deactivate the vehicle’s monthly membership plan, or others may be able to access the car wash service through your account. To deactivate, visit any Atomic Express Car Wash location, or call (847) 980-8888. Atomic Express Car Wash will not be liable for any services provided or payments collected on such vehicles if not explicitly notified by you of such a loss or theft. 

1.9. Discounted Introductory Period or Promotional Rates. If a discounted or promotional rate is available to you, then it will be specified at the time of purchase. The introductory period is intended to allow new and certain former members to try the services at a discounted fee. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by Atomic Express Car Wash at its sole discretion. At the expiration of any discounted introductory period or promotional period, Atomic Express Car Wash will charge the then-current fee for your chosen plan on your next billing cycle to your Payment Method and your membership will automatically renew unless you cancel your membership prior to the end of the discounted introductory period as set forth below. Atomic Express Car Wash reserves the right to revoke the discounted introductory period, and charge you the then-standard fee for the plan you selected, and/or put your account on hold in the event that we determine that you are not eligible for the introductory discount. 

SECTION 2: Billing, Cancellation, and Refunds 

2.1. Payment Processing. To purchase a monthly membership plan, you must provide a Payment Method. You authorize us to charge the current Payment Method associated to your membership account for your membership plan(s) fees, which will be automatically charged on a monthly basis. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your membership account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge YOU additional fees. Check with your Payment Method service provider for details. Atomic Express Car Wash has no responsibility or liability if your Payment Method is declined by your financial institution. Payments are processed by our PCI-compliant third party payment processor.  

2.2. Billing Cycle. The fee for the monthly membership plan you purchase, and any other charges you may incur in connection with your monthly membership plan, such as taxes, will be charged monthly to your Payment Method on the day of month on which you signed up for the plan. For example, if you purchase your monthly membership plan on the 11^th of the month, then that is your billing date, and every 11^th of the months following, your payment method will be charged. Fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your membership plan was purchased on a day not contained in a given month, e.g., the 31st.  The charges will appear on your Payment Method receipt as from Atomic Express Car Wash. 

2.3. Updating your Payment Method. To update your Payment Method, visit or call any Atomic Express Car Wash location to notify us of the updated payment information. Atomic Express Car Wash may also update information on your Payment Method using information provided by the payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize Atomic Express Car Wash to continue to charge the applicable Payment Method for each membership plan associated with your membership account. 

2.4. Cancellation. You must cancel a monthly membership plan at least five (5) days before it renews in order to avoid automatic billing to your Payment Method for the applicable fee for the next monthly billing cycle. The vehicle identified with the cancelled membership plan will continue to have access to the car wash services through the end of its billing period. If you cancel all membership plan(s) associated with your membership account, your account will automatically close at the end of the next applicable billing period.  

2.5. No Refunds. Paid membership fees are non-refundable and there are no refunds for partial months or non-usage of a monthly membership. Any refund, discount, or other consideration to some or all of our members is at the sole and absolute discretion of Atomic Express Car Wash, in accordance with all applicable laws.

2.5. Upgrades and Downgrades. Monthly Plan Packages may be upgraded at any time.  Upgrading to a different plan may include a pro-rated charge for the remainder of your billing period and will adjust to the full price of the selected package on the next billing cycle.  Downgrades are allowed at any time, however there will be no refund or credit for the partial month. Any refund, discount, or other consideration to some or all of our members is at the sole and absolute discretion of Atomic Express Car Wash, in accordance with all applicable laws.

SECTION 3: Monthly Membership Account 

3.1. Membership Account. The person who registered the monthly membership account and whose Payment Method is charged has access and control over the membership account and is responsible for (a) any activity that occurs through the membership account; and (b) updating and maintaining the accuracy of the information in the account. To register a monthly membership account, you must be eighteen (18) years of age or older. Individuals under the age of eighteen (18) must use the monthly membership account of their parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself while registering an account or purchasing additional membership plans, you warrant that you have that person’s permission to provide us with that information. 

3.2. Updating Your Membership Account. To update your monthly membership account, visit or call any Atomic Express Car Wash location. You can change your email address, cell phone number, payment method, and your plan at that time. 

3.3. Communication Preferences. Atomic Express Car Wash may periodically send you information relating to your membership account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices, solicitations, etc.) in electronic form only (e.g., emails to the email address you provided or text messages to the mobile telephone number you provided). By purchasing your membership and accepting these Terms, you explicitly permit Atomic Express Car Wash to contact you by such methods, and you agree that any notices, agreements, disclosures, or other communications sent to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.  

3.4. Text Messages. Atomic Express Car Wash, or third-parties with whom Atomic Express Car Wash contracts, may communicate with you via text messages. Your carrier’s standard message rates may apply to any messages you receive from and send to Atomic Express Car Wash. Other charges may also apply. All charges are billed by and payable to your mobile service provider. Atomic Express Car Wash will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Atomic Express Car Wash.  Atomic Express Car Wash may use this information to contact you and provide services you request. By accepting the Terms contained herein, you expressly opt-in to receiving such messages.  Consent to receive such messages is not a condition for making any purchase and you may revoke such consent by contacting Atomic Express Car Wash. The number of text messages per month will vary. You can also unsubscribe at any time by texting STOP to the number that appears in your text message. 

3.5. Compliance with Law. You and anyone for whom you purchase a monthly membership plan agree to use the monthly membership account and membership plan(s) in accordance with all applicable laws, rules and regulations. Atomic Express Car Wash may cancel your membership account and membership plan(s) at any time, if you, or anyone registered with your membership account, violate these Terms or are engaged in illegal or fraudulent use of the monthly membership account or membership plan(s). 

3.6. Termination by Atomic Express Car Wash. To the maximum extent permitted by applicable law, Atomic Express Car Wash may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate your monthly membership account, any purchased membership plans, and use of the services, without notice or liability. If Atomic Express Car Wash refuses, suspends, deactivates, or terminates your membership account, you may not register another membership account or purchase another membership plan without the prior written permission of Atomic Express Car Wash. Atomic Express Car Wash may, at its sole discretion, suspend, deactivate or terminate your membership account and plans to protect you or Atomic Express Car Wash from identity theft or other fraudulent activity. Except as required by applicable law, Atomic Express Car Wash is not obligated to credit or discount your account for any such refusals, suspensions, deactivations, or terminations. 

3.7. Online Account Management. Online account management is available for Atomic Express Car Wash Monthly Members. Members can create an online account that allows them to sign up, change their membership plan, update their Payment Method, update their profile information, and cancel a membership plan. Online account management is accessible by visiting www.atomicexpresscarwash.com.

SECTION 4: Disclaimers of Warranties and Limitations on Liability

4.1. THE MONTHLY MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). ATOMIC EXPRESS CAR WASH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL TIMES.

4.2. ATOMIC EXPRESS CAR WASH DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING THE GENERALITY OF SECTION 4.3 BELOW, ATOMIC EXPRESS CAR WASH SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS: 

1. PRE-EXISTING DAMAGES
2. ALL ANTENNAS & WIPERS
3. MIRRORS AND GLASS
4. ANY CRACKED WINDSHIELDS
5. BUG SHIELDS / VISORS / SPOILERS
6. LUGGAGE & ROOF RACKS / HITCHES
7. RUNNING BOARDS
8. LOOSE CHROME OR TRIM
9. ANY NON-FACTORY INSTALLED ITEMS
10. BODY MOLDING OR WRAPS
11. COVERTABLE TOPS
12. ALL LICENSE PLATE ACCESSORIES
13. OXIDIZED, PEELING, OR BAD PAINT
14. VEHICLES 7 YEARS OR OLDER
15. AFTER-MARKET WHEELS
16. ALL UNSECURED PERSONAL ITEMS
17. DRIVER NEGLIGENCE OR FAILURE TO FOLLOW OPERATIONAL SIGNS OR INSTRUCTIONS
18. WINDOW(S) LEFT OPEN OR OPENED DURING THE WASH PROCESS
19. AUTOMATIC WINDSHIELD WIPERS THAT ARE LEFT ON
20. VEHICLE OVER 100,000 MILES
21. VEHICLE BADGING OR EMBLEMS
22. WHEEL COVERS OR CENTER CAPS
23. MOONROOFS, SUNROOFS, GLASS OR BUG SHIELDS
24. LOOSE OR BROKEN PARTS
25. BODY DAMAGE OR SCRATCHES
26. COLLISION DUE TO BRAKING OR DRIVING IN CARWASH TUNNEL OR NOT FOLLOWING STAFF INSTRUCTIONS

4.3. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ATOMIC EXPRESS CAR WASH, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“ATOMIC EXPRESS CAR WASH PARTIES”) BE LIABLE (JONTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ATOMIC EXPRESS CAR WASH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, ATOMIC EXPRESS CAR WASH PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE MONTHLY MEMBERSHIP AND STOP ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. 

4.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE  LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 

4.5. YOU HEREBY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE ATOMIC EXPRESS CAR WASH 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 MISUSE OF THE MONTHLY MEMBERSHIP, OR (B)  YOUR BREACH OF THESE TERMS. ATOMIC EXPRESS CAR WASH RESERVES, AND YOU GRANT TO ATOMIC EXPRESS CAR WASH, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. 

SECTION 5: Arbitration Agreement, Waiver of Trial by Jury and Waiver of Class Action 

5.1. APPLICABILITY OF ARBITRATION AGREEMENT. ANY DISPUTE,  CLAIM OR CONTROVERSY OF ANY NATURE ARISING OUT OF OR RELATING IN ANY WAY TO THE MONTHLY MEMBERSHIP PLAN, 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 ATOMIC EXPRESS CAR WASH, 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. 

5.2. DISPUTES EXCLUDED FROM ARBITRATION. DISPUTES WHERE THE AMOUNT IN CONTROVERSY IS LESS THAN $10,000.00 AND PLED BY YOU OR ATOMIC EXPRESS CAR WASH 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 ATOMIC EXPRESS CAR WASH’S OR ITS LICENSOR’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, ATOMIC EXPRESS CAR WASH 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. 

5.3. 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. 

5.4. 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 PLED 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. 

5.5. PLACE AND GOVERNING LAW. THE PLACE OF ARBITRATION SHALL BE IN KANE COUNTY, ILLINOIS, 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 ILLINOIS SHALL APPLY WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.

5.6. SURVIVAL: SEVERABILITY. THIS ARBITRATION AGREEMENT PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.  EXCEPT AS SET FORTH IN SECTION 5.8 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 ATOMIC EXPRESS CAR WASH.

5.7. 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. 

5.8. CLASS ACTION WAIVER. YOU AND ATOMIC EXPRESS CAR WASH 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 ATOMIC EXPRESS CAR WASH 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. 

SECTION 6: Miscellaneous 

6.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of law provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. 

6.2. Feedback. Atomic Express Car Wash is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (collectively, “Feedback”), including responses to questionnaires or through postings to the Atomic Express Car Wash website and other user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing  products and creating, modifying or improving the monthly membership plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. 

6.3. Customer Support. To find more information about Atomic Express Car Wash and its features, or if you need assistance with your membership account, go online to www.atomicexpresscarwash.com, or visit or call any Atomic Express Car Wash location.

6.4. Changes to Terms. Atomic Express Car Wash may, from time to time, change, modify, or otherwise revise these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective the next billing cycle and being posted at Atomic Express Car Wash locations and on the website www.atomicexpresscarwash.com. 

6.5 Miscellaneous. Atomic Express Car Wash may assign its rights and delegate its duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without the prior written consent of Atomic Express Car Wash, and any such attempted or purported assignment or delegation without the prior written consent of Atomic Express Car Wash is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Atomic Express Car Wash, except that our affiliates are third-party beneficiaries of these Terms. 

THESE TERMS, INCLUDING THE PRIVACY POLICY, ARE THE ENTIRE AGREEMENT BETWEEN YOU AND ATOMIC EXPRESS CAR WASH WITH RESPECT TO THE MONTHLY MEMBERSHIP.  ATOMIC EXPRESS CAR WASH’S FAILURE TO ENFORCE ANY PROVISION OF THESE TERMS WILL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY OTHER PROVISION. ANY WAIVER OF ANY PROVISION OF THESE TERMS WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY ATOMIC EXPRESS CAR WASH. IF ANY PROVISION OF THESE TERMS IS HELD INVALID, VOID, OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED FROM THE REMAINING PROVISIONS AND THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT. THE HEADINGS IN THESE TERMS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THE INTERPRETATION OF THESE TERMS. THESE TERMS INURE TO THE BENEFIT OF THE SUCCESSORS AND ASSIGNS OF ATOMIC EXPRESS CAR WASH. ANY PROVISIONS OF THESE TERMS THAT ARE INTENDED TO SURVIVE TERMINATION (INCLUDING ANY PROVISIONS REGARDING INDEMNIFICATION, LIMITATION OF ATOMIC EXPRESS CAR WASH’S LIABILITY, OR DISPUTE RESOLUTION) WILL CONTINUE IN EFFECT BEYOND ANY TERMINATION OF THESE TERMS OR OF YOUR MONTHLY MEMBERSHIP. PLEASE PRINT OR OTHERWISE SAVE A COPY OF THESE TERMS, ALL DOCUMENTATION, AGREEMENTS, NOTICES, AND OTHER COMMUNICATIONS FOR YOUR REFERENCE.