CANADIAN MOBILE WASH – UNIVERSAL TERMS & CONDITIONS AGREEMENT

Last Revised: 05-26-2022

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Overview

The following terms and conditions govern all use of the www.canadianmobilewash.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Canadian Mobile Wash Inc., its affiliates, subsidiaries and all related persons (“Canadian Mobile Wash“). This Agreement sets forth the general terms and conditions of your use of the Website, systems, software, platforms, API and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Canadian Mobile Wash’ Privacy Policy) and procedures that may be published from time to time on this Site by Canadian Mobile Wash (collectively, the “Agreement“). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Canadian Mobile Wash, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old. If you are not at least 18 years old, please discontinue all use of the Website.

The terms “we”, “us” or “our” shall refer to Canadian Mobile Wash. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Eligibility; Authority and Responsibility

This Website and the Services are available only to individuals or entities (“Users”) that can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of Canada or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Canadian Mobile Wash finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Canadian Mobile Wash shall not be liable for any loss or damage resulting from Canadian Mobile Wash’ reliance on any instruction, notice, document or communication reasonably believed by Canadian Mobile Wash to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Canadian Mobile Wash reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

Your Canadian Mobile Wash Account and Site.

If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Canadian Mobile Wash may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Canadian Mobile Wash liability. You must immediately notify Canadian Mobile Wash of any unauthorized uses of your blog, your account or any other breaches of security. Canadian Mobile Wash will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms, age verification and requests for consent (as applicable);
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Canadian Mobile Wash or otherwise.

By submitting Content to Canadian Mobile Wash for inclusion on your Website, you grant Canadian Mobile Wash a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Canadian Mobile Wash will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Canadian Mobile Wash has the right (though not the obligation) to, in Canadian Mobile Wash’ sole discretion (i) refuse or remove any content that, in Canadian Mobile Wash’ reasonable opinion, violates any Canadian Mobile Wash policy or is in any way harmful, unlawful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Canadian Mobile Wash’ sole discretion. Canadian Mobile Wash will have no obligation to provide a refund of any amounts previously paid.

Rules of Conduct.

You acknowledge and agree that:

1. a) Your use of this Website and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, provincial/state, national and international laws, rules and regulations.

1. b) You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

1. c) You will not use this Website or the Services in a manner (as determined by Canadian Mobile Wash in its sole and absolute discretion) that:

(i) Is illegal, or promotes or encourages illegal activity;

(ii) Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);

(iii) Promotes, encourages or engages in terrorism, violence against people, animals, or property;

(iii) Promotes, encourages or engages in illicit drug cultivation, distribution or use;

(iv) Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

(v) Violates the Criminal Code or similar legislation in any manner;

(vi) Promotes or facilitates prostitution and/or sex trafficking;

(vii) Infringes on the intellectual property rights of another User or any other person or entity;

(viii) Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

(ix) Interferes with the operation of this Website or the Services found at this Website;

(x) Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Canadian Mobile Wash or its Services.

1. d) You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

1. e) You will not copy or distribute in any medium any part of this Website or the Services , except where expressly authorized by Canadian Mobile Wash.

1. f) You will not modify or alter any part of this Website or the Services found at this Website or any of its related technologies.

1. g) You will not access Canadian Mobile Wash’ Content (as defined below) or User Content through any technology or means other than through this Website itself, or as Canadian Mobile Wash may designate.

1. h) You agree to back-up all of your User Content so that you can access and use it when needed. Canadian Mobile Wash does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

1. i) You will not re-sell or provide the Services for a commercial purpose, including any of Canadian Mobile Wash’ related technologies, without Canadian Mobile Wash’ express prior written consent.

1. j) You will not circumvent, disable or otherwise interfere with the security-related features of this Website or the Services found at this Website (including without limitation those features that prevent or restrict use or copying of any Canadian Mobile Wash Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Canadian Mobile Wash Content or the User Content therein.

1. k) You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested to comply with know-your-client (KYC) requirements or otherwise.

1. l) You are aware that Canadian Mobile Wash may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Canadian Mobile Wash asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Canadian Mobile Wash is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Canadian Mobile Wash that may be initiated by an automatic telephone dialing system and/or use an artificial or pre-recorded voice. You understand that providing consent is not a condition of purchasing any good or service from Canadian Mobile Wash. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Canadian Mobile Wash that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Canadian Mobile Wash. Message and data rates may apply.

1. m) Without limiting any of the rights set forth elsewhere in this Agreement, Canadian Mobile Wash expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Canadian Mobile Wash policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Canadian Mobile Wash in its sole and absolute discretion).

1. n) If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Canadian Mobile Wash may cancel any service associated with your name, email address or account and close any associated Canadian Mobile Wash accounts. If Canadian Mobile Wash, in its sole discretion, determines that any conducted activity is fraudulent, Canadian Mobile Wash reserves the right to take any necessary legal action and you may be liable for monetary losses to Canadian Mobile Wash including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Canadian Mobile Wash Customer Service.

Protection of your Data.

Data Protection and Privacy.

Canadian Mobile Wash’ Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Canadian Mobile Wash’ responsibilities with regard to Your personal information. Canadian Mobile Wash will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Canadian Mobile Wash, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. Canadian Mobile Wash will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Canadian Mobile Wash as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Canadian Mobile Wash in the future. Canadian Mobile Wash is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay Canadian Mobile Wash the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal.

Unless you notify Canadian Mobile Wash before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Canadian Mobile Wash in writing.

Services.

Fees; Payment. By signing up for a Services account you agree to pay Canadian Mobile Wash the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Canadian Mobile Wash reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Canadian Mobile Wash.

Availability of Website.

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Website and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Website or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

Support.

If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Canadian Mobile Wash to respond within two business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Canadian Mobile Wash services. All support will be provided in accordance with Canadian Mobile Wash standard services practices, procedures and policies.

Responsibility of Website Visitors.

Canadian Mobile Wash has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, legality, use or effects. By operating the Website, Canadian Mobile Wash does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Canadian Mobile Wash disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Canadian Mobile Wash does not have any control over those non-Canadian Mobile Wash websites and webpages, and is not responsible for their contents or their use. By linking to a non-Canadian Mobile Wash website or webpage, Canadian Mobile Wash does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Canadian Mobile Wash disclaims any responsibility for any harm resulting from your use of non-Canadian Mobile Wash websites and webpages.

Copyright Infringement.

As Canadian Mobile Wash asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Canadian Mobile Wash violates your copyright, you are encouraged to notify Canadian Mobile Wash accordingly. Canadian Mobile Wash will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Canadian Mobile Wash will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Canadian Mobile Wash or others. In the case of such termination, Canadian Mobile Wash will have no obligation to provide a refund of any amounts previously paid to Canadian Mobile Wash.

Intellectual Property.

This Agreement does not transfer from Canadian Mobile Wash to you any Canadian Mobile Wash or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Canadian Mobile Wash. Canadian Mobile Wash, its logo, and all other trademarks, service marks, graphics and logos used in connection with Canadian Mobile Wash, or the Website are trademarks or registered trademarks of Canadian Mobile Wash or Canadian Mobile Wash’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Canadian Mobile Wash or third-party trademarks.

Advertisements.

Canadian Mobile Wash reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution.

Canadian Mobile Wash reserves the right to display attribution links such as theme author, and font attribution in your blog footer or toolbar.

Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes.

Canadian Mobile Wash reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Canadian Mobile Wash may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Canadian Mobile Wash may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Canadian Mobile Wash account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Canadian Mobile Wash if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Canadian Mobile Wash’ notice to you thereof; provided that, Canadian Mobile Wash can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website and Services are provided “as is”. Canadian Mobile Wash and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, compliance with laws and non-infringement. Neither Canadian Mobile Wash nor its suppliers and licensors, makes any warranty that the Website or Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will Canadian Mobile Wash, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Canadian Mobile Wash under this agreement during the three (3) month period prior to the cause of action. Canadian Mobile Wash shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Canadian Mobile Wash Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless Canadian Mobile Wash, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Successors and Assigns.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

Compliance with Local Laws.

Canadian Mobile Wash makes no representation or warranty that the content available on this Website or the Services found at this Website are appropriate in every country or jurisdiction, and access to this Website or the Services found at this Website from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Website or the Services found at this Website are responsible for compliance with all local laws, rules and regulations.

Miscellaneous.

This Agreement constitutes the entire agreement between Canadian Mobile Wash and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Canadian Mobile Wash, or by the posting by Canadian Mobile Wash of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario and the Federal laws of Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Canadian Mobile Wash may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any questions about this Agreement, please contact us by email at info@canadianmobilewash.com