This privacy notice discloses the privacy practices for uwashmobile.com and the UWash Mobile App. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
Cookies
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
END USER LICENSE AGREEMENT – GOOGLE
Last updated June 10, 2021
This End User License Agreement (the “Agreement”) is made and entered into between Yarusso Companies Incorporated, a Minnesota corporation doing business as WashCard Systems, with its principal office address located at 2005 Gateway Circle, Centerville, Minnesota 55038, United States and any of Licensor’s affiliates (collectively, the “Licensor”) on one hand, and you, the end user licensee (“You” or “Your”), on the other (Licensor and You may be referred to individually as, a “Party” or collectively as, the “Parties).
Licensor and its Affiliates operate systems or platforms which allow end users, such as You, to access valuable software, content, and other intellectual property owned, copyrighted, trademarked, patented, or licensed by Licensor or its Affiliates (the “Content”), via the UWash application or “UWashApp”, and such other operating systems, platforms, software, applications, and/or interfaces as may be developed or implemented by Licensor from time to time (collectively, the “Licensed Application”).
Licensor desires to provide You with the right to use the Licensed Application and the Content therein, subject to the terms and conditions contained in this Agreement.
- ACCEPTANCE OF TERMS
By downloading the Licensed Application from the Google Play Store, and utilizing the Licensed Application (including any update(s) thereto), consistent with the terms of this Agreement, You agree to be bound by, and accept, the terms and conditions of this Agreement, as may be amended by Licensor from time to time upon providing You with notice of the same.
Each Party acknowledges and agrees that Alphabet Inc. and Google LLC (collectively, “Google”) is not a party to this Agreement and is not bound by any provision or obligation with regard to the Licensed Application or this Agreement, including, but not limited to, any warranty, liability, maintenance, or support thereof. Licensor is solely responsible for the Licensed Application and the Content therein.
Notwithstanding anything to the contrary contained herein, this Agreement may not provide for usage rules for the Licensed Application that conflict with the latest Google Play Terms of Service, the terms of which are incorporated herein by reference. Licensor acknowledges that it has had the opportunity to review said terms and represents that this Agreement is not in conflict. In the event the Terms of Service should be amended in such a way that an actual or presumed conflict exists, the Terms of Service shall govern unless or until this Agreement is amended to comply with the foregoing.
All rights not expressly granted to You hereunder are expressly reserved by Licensor.
2. THE LICENSED APPLICATION
The Licensed Application was created to allow end users to purchase, access, and activate car washes and other related services at participating car wash retailers. The Licensed Application is not tailored to comply with, and Licensor makes no representation or warranty that the Licensed Application complies with, any industry-specific regulations, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or any other federal, state, or local regulation as to data and information security. If you believe that your use or interactions with the Licensed Application are subject to any such laws, you may not use the Licensed Application, submit any protected information or data, and should remove the Licensed Application from your devices. Further, You may not use the Licensed Application in a way that would or reasonably could violate any federal, state, or local regulation as to data or information security, or otherwise in violation of the Gramm-Leach-Bliley Act (GLBA).
3. SCOPE OF LICENSE
Subject to Your continued compliance with this Agreement, Licensor is providing You with a revocable, non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Google/Android products that You own or control, or as otherwise permitted by this Agreement, Google’s Terms of Service, with the exception that such Licensed Application may be accessed and used by other accounts associated with You as otherwise authorized by the Terms of Service (collectively, the “License”). This License will govern any updates of the Licensed Application provided by Licensor that modifies, repairs, replaces, supplements, and/or updates the Licensed Application originally downloaded, unless a separate license is provided for such update, in which case the terms of the new license will govern.
You agree that you may not share, transfer, assign, sell, rent, lend, lease, distribute, or otherwise make the Licensed Application available to third parties, except to the extent allowed by Google’s Terms of Service and with Licensor’s prior written consent.
You agree that you will not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, Content, or any part thereof, except with Licensor’s prior written consent.
You may not copy (unless expressly authorized by this License and the Usage Rules) or alter the Licensed Application or any portion thereof. You may create and store copies of the Licensed Application and any Content only on devices that you own or control for backup keeping under the terms of this Agreement, the License, the Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution, damages, and termination of use of the Licensed Application.
Licensor reserves the right to modify the terms and conditions of the License in its sole discretion, by providing You with notice of the same.
Nothing in this License should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions, including, but not limited to, any of Google’s Terms of Service.
4. TERMS OF USE
You agree that you shall not: (i) use the Content or Licensed Application in electronic or digital applications intended for resale or other distribution; (ii) use or display the Content or Licensed Application on websites or other venues designed to induce or involving the sale, license, or other distribution of any product or publication; (iii) use the Content or Licensed Application in connection with any goods, services, or other items for resale, license, or other distribution for profit; (iv) use any of the Content as part of a trademark, design mark, tradename, business name, service mark, or logo; (v) use or incorporate the Content or Licensed Application in any product that results in a re-distribution or re-use of the Content or Licensed Application or is otherwise made available in a manner such that a person can extract or access or reproduce the Content or Licensed Application as an electronic file; (vi) use the Content or Licensed Application in a fashion that is considered by Licensor as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory, or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content or Licensed Application into disrepute and/or otherwise subject Licensor or You to any legal action; (vii) reverse engineer, decompile, or disassemble any part of the source code of the Content or any part of Licensor’s or its Affiliate’s sites, software, platforms, or applications, including the Licensed Application; (viii) remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content or Licensed Application; (ix) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content, Licensed Application, or the rights granted under this Agreement; (x) post a copy or copies of the Content or Licensed Application on a network server or web server for use by others; (xi) use or display the Content or Licensed Application in an electronic format that enables it to be downloaded or shared publicly or with third parties in any peer-to-peer or similar file sharing arrangement; (xii) use the Content or Licensed Application for external editorial purposes, including, but not limited to commentary in blogs or social media; (xiii) either individually or in combination with others, reproduce the Content, Licensed Application, or an element or part of the Content or Licensed Application for purposes other than personal use; (xiv) use or reproduce the Content or Licensed Application on a social media platform or any other third-party website; or (xv) share, publish, distribute, assign, circulate, disseminate, or in any way give out Your username, password, or any other login or account credentials or information to access the Licensed Application.
Notwithstanding the foregoing, nothing herein shall prohibit or restrict the use of the Content or Licensed Application to the extent such use is consistent with the terms of a separate written agreement between you and the Licensor.
Any instance of Your prohibited use of the Content or Licensed Application shall be considered a breach of this Agreement entitling Licensor to immediately discontinue Your access to the Licensed Application and any Content therein. You to indemnify, defend, and hold Licensor and its Affiliates, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any of the foregoing as a result of, or in connection with, any breach or alleged breach by You, or anyone acting on Your behalf with regard to any of the terms of this Agreement.
5. TECHNICAL REQUIREMENTS
Licensor recommends using the latest version of the Android firmware.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above and otherwise necessary to utilize the Licensed Application.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time in its sole discretion and as otherwise necessary to support the Licensed Application.
6. NO MAINTENANCE OR SUPPORT
Licensor is not obligated to, and shall not, provide You with any maintenance, technical, or other support for the Licensed Application, and Licensor hereby expressly disclaims the same. Further, Licensor and End User acknowledge that Google has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
7. USE OF DATA
You acknowledge that Licensor’s obligations with respect to the use, review, access, modification, and exporting of any data generated from Your use of the Licensed Application is subject to Licensor’s privacy policy, as may be amended from time to time, and located at: https://uwashmobile.com/privacy/.
8. LIABILITY
Licensor and End User acknowledge that Licensor, not Google, is responsible for addressing any claims You or any third party may assert relating to the Licensed Application, Content, or Your possession and/or use of the same, including, but not limited to (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation. Unless otherwise set forth herein, Licensor expressly disclaims any and all liability, representations, or warranties to the fullest extent allowed by law. In the event any jurisdiction disallows the exclusion of the same, or any provision herein is otherwise found unenforceable by a court of law, the remainder of this Agreement shall remain in full force and effect, with such unenforceable provision being stricken or modified in manner to limit it to the fullest extent otherwise allowed by law.
Licensor disclaims any and all liability for damages of any nature caused by or otherwise arising out of or related to a breach or nonfulfillment of any obligation under this Agreement. You are responsible for backing up and preserving any data of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use.
Licensor disclaims any and all liability for damages of any nature cause by or otherwise arising out of or related to the actions or inactions of any third-party, including, but not limited to the use of any copyrighted or trademarked materials, images, or content used or utilized by any wash operator in the Licensed Application. The wash operator is solely responsible for all advertising, marketing, artwork, or such other content contained in the Licensed Application, except for Licensor’s own Content above.
9. WARRANTY
Licensor warrants that the Licensed Application will be free of spyware, trojan horses, viruses, or any other malware at the time of Your initial download and that the Licensed Application will work as described in the user documentation at such time. Licensor makes no representation or warranty as to the continued use of the Licensed Application. Specifically, Licensor makes no warranty for the Licensed Application to the extent it is not executable on Your device, has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with any third-party hardware or software, used with third-party accessories, regardless if by You or by third parties, or if there are any other reasons or issues outside of Licensor’s reasonable control that otherwise affect the executability of the Licensed Application.
You are required to inspect the Licensed Application immediately after installing it and notify Licensor about issues discovered without delay by e-mailing [email protected]. If Licensor confirms that the Licensed Application is defective based on a cause within its reasonable control, Licensor may remedy the situation in its sole discretion, which may include correcting any defect, providing a comparable substitute, or providing You a refund.
Further, in the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Google and request that Your purchase price for the Licensed Application be refunded to You. To the maximum extent permitted by applicable law, neither Google nor Licensor will have any other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses and costs attributable to the same.
If You are not a consumer or are using the Licensed Application for any commercial purpose, any claim you may have expires twelve (12) months after the Licensed Application was made available to You. The statute of limitations for consumers is governed by applicable law.
OTHER THAN AS EXPRESSLY PROVIDED IN THIS SECTION, THE LICENSED APPLICATION AND CONTENT THEREIN ARE/IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. BOTH YOU AND LICENSOR ACKNOWLEDGE THAT GOOGLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE LICENSED APPLICATION.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
11. TERMINATION
The License provided under this Agreement is valid until terminated by Licensor or by You. Your rights under this Agreement will terminate automatically and without notice from Licensor if You fail to adhere to any term(s) of the License or otherwise in this Agreement. Upon termination, You shall stop all use of the Licensed Application, and remove and destroy any copies, full or partial, of the Licensed Application from all devices or other hardware in which it is installed.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Licensor represents and warrants that it will comply with applicable third-party terms of agreement as they relate to the Licensed Application and its availability through the Google Play Store. Google and Google’s subsidiaries shall be third-party beneficiaries of this End Agreement and, upon Your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
Licensor retains ownership of all proprietary rights in the Content and Licensed Application, and in all trade names, trademarks, service marks, copyrights, and patents, and such other intellectual property which may be associated with or otherwise displayed or incorporated into the Content or Licensed Application. You agree that you will not attempt to remove, deface, or obscure any of Licensor’s copyright or trademark notices, legends, or insignia, as they same may appear in the Content or Licensed Application, or other proprietary notices on, incorporated therein, or otherwise associated with the Content and Licensed Application. WashCard, WashCard Systems, UWash, UWashApp, CrossConnect, Tap&App, and “Sterling” are trademarks of Yarusso Companies Incorporated d/b/a WashCard Systems.
Licensor and You acknowledge that, in the event of any third-party claim that the Licensed Application or Your possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Licensor, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims. Upon notice from Licensor, or End User’s actual or constructive knowledge that any Content is subject to a threatened, potential, or actual claim of infringement of another’s right for which Licensor may be liable, upon request of Licensor or any third party, End User must immediately and at its own expense: (i) stop using the Content; (ii) delete or remove the Content and Licensed Application from its premises, computer systems, and storage (electronic or physical); and (iii) ensure that its clients, printers or ISPs do likewise.
14. APPLICABLE LAW
This Agreement and the License provided hereunder is governed by the laws of the State of Minnesota excluding its conflicts of law rules.
15. CONTACT INFORMATION
For general inquiries, complaints, questions, notices, or claims concerning the Licensed Application, Content, License, or this Agreement please contact:
UWashApp Support
c/o Yarusso Companies Incorporated
d/b/a WashCard Systems
2005 Gateway Circle
Centerville, MN 55038
United States
[email protected]
16. MISCELLANEOUS
You acknowledge and agree that you have, in addition to reviewing the terms of this Agreement, reviewed any other agreements which may be incorporated by reference herein, and to the extent of their incorporation in this Agreement, You agree to be bound by them. In the event of any inconsistency, the terms of this Agreement shall govern. Licensor’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is personal to You and is not assignable by You without Licensor’s prior written consent. Licensor may assign this Agreement without Your consent to any other party, so long as such party agrees to be bound by its terms. Except as expressly provided herein, no terms or conditions may be added to or deleted from this Agreement unless made in writing and either accepted in writing by an authorized representative of both Parties or issued electronically by Licensor and accepted by action (including clicking an “I Agree” or “I Acknowledge” acknowledgement button in a click-through agreement) by You. Nevertheless, your continued use of the Licensed Application after any amendment hereto by Licensor shall constitute Your agreement and acceptance of any such amendment, modification, or revision. If all or part of any provision of this Agreement is wholly or partially unenforceable, the Parties or, in the event the Parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. The terms and obligations of this Agreement, which by their nature or intended purpose must survive the earlier termination of this Agreement or the License granted herein shall survive the termination of this Agreement.
Licensor does not control and is not responsible for performance or availability of third-party websites and/or hosting sites (collectively, “Third-Party Sites”). Licensor cannot endorse or make any representations about Third-Party Sites, or any material found there, or any results that may be obtained from using them. Consequently, (i) if You access any Third-Party Sites linked to the Licensed Application or the Content, You agree that you are doing so entirely at Your own risk, (ii) if You access the Licensed Application, You agree to comply with applicable third-party terms of agreement when using the Licensed Application – for example, You must not be in violation of their wireless data service agreement when using the Licensed Application, and (iii) You and Licensor acknowledge and agree that Google, and Google’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF LICENSOR AGREEING TO PROVIDE ACCESS TO THE CONTENT AND LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE: (i) THAT THIS AGREEMENT IS BETWEEN YOU AND LICENSOR ONLY, AND NOT WITH GOOGLE, INC.; (ii) LICENSOR, NOT GOOGLE, IS SOLELY RESPONSIBLE FOR THE LICENSED APPLICATION AND THE CONTENT THEREIN; AND (3) THIS AGREEMENT MAY NOT PROVIDE FOR USAGE RULES FOR LICENSED APPLICATIONS THAT ARE IN CONFLICT WITH GOOGLE, INC.’S “APP STORE TERMS OF SERVICE” AS OF THE EFFECTIVE DATE (WHICH YOU ACKNOWLEDGE YOU HAVE HAD THE OPPORTUNITY TO REVIEW).
END USER LICENSE AGREEMENT – iOS
Last updated June 10, 2021
This End User License Agreement (the “Agreement”) is made and entered into between Yarusso Companies Incorporated, a Minnesota corporation doing business as WashCard Systems, with its principal office address located at 2005 Gateway Circle, Centerville, Minnesota 55038, United States and any of Licensor’s affiliates (collectively, the “Licensor”) on one hand, and you, the end user licensee (“You” or “Your”), on the other (Licensor and You may be referred to individually as, a “Party” or collectively as, the “Parties).
Licensor and its Affiliates operate systems or platforms which allow end users, such as You, to access valuable software, content, and other intellectual property owned, copyrighted, trademarked, patented, or licensed by Licensor or its Affiliates (the “Content”), via the UWash application or “UWashApp”, and such other operating systems, platforms, software, applications, and/or interfaces as may be developed or implemented by Licensor from time to time (collectively, the “Licensed Application”).
Licensor desires to provide You with the right to use the Licensed Application and the Content therein, subject to the terms and conditions contained in this Agreement.
- ACCEPTANCE OF TERMS
By downloading the Licensed Application from the Apple App Store, and utilizing the Licensed Application (including any update(s) thereto), consistent with the terms of this Agreement, You agree to be bound by, and accept, the terms and conditions of this Agreement, as may be amended by Licensor from time to time upon providing You with notice of the same.
Each Party acknowledges and agrees that Apple, Inc. (“Apple”) is not a party to this Agreement and is not bound by any provision or obligation with regard to the Licensed Application or this Agreement, including, but not limited to, any warranty, liability, maintenance, or support thereof. Licensor is solely responsible for the Licensed Application and the Content therein.
Notwithstanding anything to the contrary contained herein, this Agreement may not provide for usage rules for the Licensed Application that conflict with the latest App Store Terms of Service, the terms of which are incorporated herein by reference. Licensor acknowledges that it has had the opportunity to review said terms and represents that this Agreement is not in conflict. In the event the App Store Terms of Service should be amended in such a way that an actual or presumed conflict exists, the App Store Terms of Service shall govern unless or until this Agreement is amended to comply with the foregoing.
All rights not expressly granted to You hereunder are expressly reserved by Licensor.
2. THE LICENSED APPLICATION
The Licensed Application was created to allow end users to purchase, access, and activate car washes and other related services at participating car wash retailers. The Licensed Application is not tailored to comply with, and Licensor makes no representation or warranty that the Licensed Application complies with, any industry-specific regulations, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or any other federal, state, or local regulation as to data and information security. If you believe that your use or interactions with the Licensed Application are subject to any such laws, you may not use the Licensed Application, submit any protected information or data, and should remove the Licensed Application from your devices. Further, You may not use the Licensed Application in a way that would or reasonably could violate any federal, state, or local regulation as to data or information security, or otherwise in violation of the Gramm-Leach-Bliley Act (GLBA).
3. SCOPE OF LICENSE
Subject to Your continued compliance with this Agreement, Licensor is providing You with a revocable, non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded products that You own or control, or as otherwise permitted by this Agreement, Apple’s Usage Rules and App Store Terms of Service, with the exception that such Licensed Application may be accessed and used by other accounts associated with You via Family Sharing, volume purchasing, or as otherwise authorized set forth in the App Store Terms of Service (collectively, the “License”). This License will govern any updates of the Licensed Application provided by Licensor that modifies, repairs, replaces, supplements, and/or updates the Licensed Application originally downloaded, unless a separate license is provided for such update, in which case the terms of the new license will govern.
You agree that you may not share, transfer, assign, sell, rent, lend, lease, distribute, or otherwise make the Licensed Application available to third parties, except to the extent allowed by Apple’s Terms and Conditions, and with Licensor’s prior written consent.
You agree that you will not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, Content, or any part thereof, except with Licensor’s prior written consent.
You may not copy (unless expressly authorized by this License and the Usage Rules) or alter the Licensed Application or any portion thereof. You may create and store copies of the Licensed Application and any Content only on devices that you own or control for backup keeping under the terms of this Agreement, the License, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution, damages, and termination of use of the Licensed Application.
Licensor reserves the right to modify the terms and conditions of the License in its sole discretion, by providing You with notice of the same.
Nothing in this License should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions, including, but not limited to, any of Apple’s Usage Rules and the App Store Terms of Service.
4. TERMS OF USE
You agree that you shall not: (i) use the Content or Licensed Application in electronic or digital applications intended for resale or other distribution; (ii) use or display the Content or Licensed Application on websites or other venues designed to induce or involving the sale, license, or other distribution of any product or publication; (iii) use the Content or Licensed Application in connection with any goods, services, or other items for resale, license, or other distribution for profit; (iv) use any of the Content as part of a trademark, design mark, tradename, business name, service mark, or logo; (v) use or incorporate the Content or Licensed Application in any product that results in a re-distribution or re-use of the Content or Licensed Application or is otherwise made available in a manner such that a person can extract or access or reproduce the Content or Licensed Application as an electronic file; (vi) use the Content or Licensed Application in a fashion that is considered by Licensor as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory, or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content or Licensed Application into disrepute and/or otherwise subject Licensor or You to any legal action; (vii) reverse engineer, decompile, or disassemble any part of the source code of the Content or any part of Licensor’s or its Affiliate’s sites, software, platforms, or applications, including the Licensed Application; (viii) remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content or Licensed Application; (ix) sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content, Licensed Application, or the rights granted under this Agreement; (x) post a copy or copies of the Content or Licensed Application on a network server or web server for use by others; (xi) use or display the Content or Licensed Application in an electronic format that enables it to be downloaded or shared publicly or with third parties in any peer-to-peer or similar file sharing arrangement; (xii) use the Content or Licensed Application for external editorial purposes, including, but not limited to commentary in blogs or social media; (xiii) either individually or in combination with others, reproduce the Content, Licensed Application, or an element or part of the Content or Licensed Application for purposes other than personal use; (xiv) use or reproduce the Content or Licensed Application on a social media platform or any other third-party website; or (xv) share, publish, distribute, assign, circulate, disseminate, or in any way give out Your username, password, or any other login or account credentials or information to access the Licensed Application.
Notwithstanding the foregoing, nothing herein shall prohibit or restrict the use of the Content or Licensed Application to the extent such use is consistent with the terms of a separate written agreement between you and the Licensor.
Any instance of Your prohibited use of the Content or Licensed Application shall be considered a breach of this Agreement entitling Licensor to immediately discontinue Your access to the Licensed Application and any Content therein. You to indemnify, defend, and hold Licensor and its Affiliates, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any of the foregoing as a result of, or in connection with, any breach or alleged breach by You, or anyone acting on Your behalf with regard to any of the terms of this Agreement.
5. TECHNICAL REQUIREMENTS
The Licensed Application requires a firmware version iOS 12 or higher. Licensor recommends using the latest version of the firmware.
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above and otherwise necessary to utilize the Licensed Application.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time in its sole discretion and as otherwise necessary to support the Licensed Application.
6. NO MAINTENANCE OR SUPPORT
Licensor is not obligated to, and shall not, provide You with any maintenance, technical, or other support for the Licensed Application, and Licensor hereby expressly disclaims the same. Further, Licensor and End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.
7. USE OF DATA
You acknowledge that Licensor’s obligations with respect to the use, review, access, modification, and exporting of any data generated from Your use of the Licensed Application is subject to Licensor’s privacy policy, as may be amended from time to time, and located at: https://washcard.com/about/privacy-policy/.
8. LIABILITY
Licensor and End User acknowledge that Licensor, not Apple, is responsible for addressing any claims You or any third party may assert relating to the Licensed Application, Content, or Your possession and/or use of the same, including, but not limited to (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, privacy, or similar legislation. Unless otherwise set forth herein, Licensor expressly disclaims any and all liability, representations, or warranties to the fullest extent allowed by law. In the event any jurisdiction disallows the exclusion of the same, or any provision herein is otherwise found unenforceable by a court of law, the remainder of this Agreement shall remain in full force and effect, with such unenforceable provision being stricken or modified in manner to limit it to the fullest extent otherwise allowed by law.
Licensor disclaims any and all liability for damages of any nature caused by or otherwise arising out of or related to a breach or nonfulfillment of any obligation under this Agreement. You are responsible for backing up and preserving any data of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use.
Licensor disclaims any and all liability for damages of any nature cause by or otherwise arising out of or related to the actions or inactions of any third-party, including, but not limited to the use of any copyrighted or trademarked materials, images, or content used or utilized by any wash operator in the Licensed Application. The wash operator is solely responsible for all advertising, marketing, artwork, or such other content contained in the Licensed Application, except for Licensor’s own Content above.
9. WARRANTY
Licensor warrants that the Licensed Application will be free of spyware, trojan horses, viruses, or any other malware at the time of Your initial download and that the Licensed Application will work as described in the user documentation at such time. Licensor makes no representation or warranty as to the continued use of the Licensed Application. Specifically, Licensor makes no warranty for the Licensed Application to the extent it is not executable on Your device, has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with any third-party hardware or software, used with third-party accessories, regardless if by You or by third parties, or if there are any other reasons or issues outside of Licensor’s reasonable control that otherwise affect the executability of the Licensed Application.
You are required to inspect the Licensed Application immediately after installing it and notify Licensor about issues discovered without delay by e-mailing [email protected]. If Licensor confirms that the Licensed Application is defective based on a cause within its reasonable control, Licensor may remedy the situation in its sole discretion, which may include correcting any defect, providing a comparable substitute, or providing You a refund.
Further, in the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple and request that Your purchase price for the Licensed Application be refunded to You. To the maximum extent permitted by applicable law, neither Apple nor Licensor will have any other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses and costs attributable to the same.
If You are not a consumer or are using the Licensed Application for any commercial purpose, any claim you may have expires twelve (12) months after the Licensed Application was made available to You. The statute of limitations for consumers is governed by applicable law.
OTHER THAN AS EXPRESSLY PROVIDED IN THIS SECTION, THE LICENSED APPLICATION AND CONTENT THEREIN ARE/IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. BOTH YOU AND LICENSOR ACKNOWLEDGE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE LICENSED APPLICATION.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
11. TERMINATION
The License provided under this Agreement is valid until terminated by Licensor or by You. Your rights under this Agreement will terminate automatically and without notice from Licensor if You fail to adhere to any term(s) of the License or otherwise in this Agreement. Upon termination, You shall stop all use of the Licensed Application, and remove and destroy any copies, full or partial, of the Licensed Application from all devices or other hardware in which it is installed.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Licensor represents and warrants that it will comply with applicable third-party terms of agreement as they relate to the Licensed Application and its availability through the Apple App Store. In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and, upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
Licensor retains ownership of all proprietary rights in the Content and Licensed Application, and in all trade names, trademarks, service marks, copyrights, and patents, and such other intellectual property which may be associated with or otherwise displayed or incorporated into the Content or Licensed Application. You agree that you will not attempt to remove, deface, or obscure any of Licensor’s copyright or trademark notices, legends, or insignia, as they same may appear in the Content or Licensed Application, or other proprietary notices on, incorporated therein, or otherwise associated with the Content and Licensed Application. WashCard, WashCard Systems, UWash, UWashApp, CrossConnect, Tap&App, and “Sterling” are trademarks of Yarusso Companies Incorporated d/b/a WashCard Systems.
Licensor and You acknowledge that, in the event of any third-party claim that the Licensed Application or Your possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Licensor, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims. Upon notice from Licensor, or End User’s actual or constructive knowledge that any Content is subject to a threatened, potential, or actual claim of infringement of another’s right for which Licensor may be liable, upon request of Licensor or any third party, End User must immediately and at its own expense: (i) stop using the Content; (ii) delete or remove the Content and Licensed Application from its premises, computer systems, and storage (electronic or physical); and (iii) ensure that its clients, printers or ISPs do likewise.
14. APPLICABLE LAW
This Agreement and the License provided hereunder is governed by the laws of the State of Minnesota excluding its conflicts of law rules.
15. CONTACT INFORMATION
For general inquiries, complaints, questions, notices, or claims concerning the Licensed Application, Content, License, or this Agreement please contact:
UWashApp Support
c/o Yarusso Companies Incorporated
d/b/a WashCard Systems
2005 Gateway Circle
Centerville, MN 55038
United States
[email protected]
16. MISCELLANEOUS
You acknowledge and agree that you have, in addition to reviewing the terms of this Agreement, reviewed any other agreements which may be incorporated by reference herein, and to the extent of their incorporation in this Agreement, You agree to be bound by them. In the event of any inconsistency, the terms of this Agreement shall govern. Licensor’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is personal to You and is not assignable by You without Licensor’s prior written consent. Licensor may assign this Agreement without Your consent to any other party, so long as such party agrees to be bound by its terms. Except as expressly provided herein, no terms or conditions may be added to or deleted from this Agreement unless made in writing and either accepted in writing by an authorized representative of both Parties or issued electronically by Licensor and accepted by action (including clicking an “I Agree” or “I Acknowledge” acknowledgement button in a click-through agreement) by You. Nevertheless, your continued use of the Licensed Application after any amendment hereto by Licensor shall constitute Your agreement and acceptance of any such amendment, modification, or revision. If all or part of any provision of this Agreement is wholly or partially unenforceable, the Parties or, in the event the Parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. The terms and obligations of this Agreement, which by their nature or intended purpose must survive the earlier termination of this Agreement or the License granted herein shall survive the termination of this Agreement.
Licensor does not control and is not responsible for performance or availability of third-party websites and/or hosting sites (collectively, “Third-Party Sites”). Licensor cannot endorse or make any representations about Third-Party Sites, or any material found there, or any results that may be obtained from using them. Consequently, (i) if You access any Third-Party Sites linked to the Licensed Application or the Content, You agree that you are doing so entirely at Your own risk, (ii) if You access the Licensed Application, You agree to comply with applicable third-party terms of agreement when using the Licensed Application – for example, You must not be in violation of their wireless data service agreement when using the Licensed Application, and (iii) You and Licensor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF LICENSOR AGREEING TO PROVIDE ACCESS TO THE CONTENT AND LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE: (i) THAT THIS AGREEMENT IS BETWEEN YOU AND LICENSOR ONLY, AND NOT WITH APPLE, INC.; (ii) LICENSOR, NOT APPLE, IS SOLELY RESPONSIBLE FOR THE LICENSED APPLICATION AND THE CONTENT THEREIN; AND (3) THIS AGREEMENT MAY NOT PROVIDE FOR USAGE RULES FOR LICENSED APPLICATIONS THAT ARE IN CONFLICT WITH APPLE, INC.’S “APP STORE TERMS OF SERVICE” AS OF THE EFFECTIVE DATE (WHICH YOU ACKNOWLEDGE YOU HAVE HAD THE OPPORTUNITY TO REVIEW).
If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 651-439-5740 or via email at [email protected].