Terms of Service

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Last updated: July 31, 2024

EXPRESS CAR WASH CLUB 

TERMS OF SERVICE

Welcome to the Zap Car Wash™, Zap Lube™, and Express Car Wash Club™  website and Terms of Service.  These Terms of Service (hereinafter, the "Agreement") apply to and state the terms and conditions that govern your use of the website and of Zap Car Wash’s services including the terms and conditions of your Express Car Wash Club membership. 

Legally Binding Contract

The first thing you should know is that this Agreement constitutes a legally binding contract between you and Zap Lube and Car Wash, Inc. and its affiliated companies.  Zap Lube™, Zap Car Wash™ and Express Car Wash Club™ and related logos are trademarks of Zap Lube and Car Wash, Inc. Each Zap Car Wash location is owned and/or operated by a separate company which are licensees of Zap Lube and Car Wash, Inc. (each an “affiliate” and jointly “affiliates”). Whenever this Agreement uses use the term “Zap Lube”, "Zap Car Wash," "We," "Us," or "Our," please note that we are referring to Zap Lube and Car Wash, Inc. and its affiliates jointly and severally. Each affiliate is solely and independently responsible for its legal and regulatory compliance and for any issues relating to the supply of the products to you or any services provided to you. Currently, the Express Car Wash Club™ is available only at One And Nine Car Wash & Lube, Inc., dba Zap Car Wash of North Bergen located at 6904 Tonnelle Avenue, North Bergen, NJ 07047 for services provided only at that location. 

Because we also collect information from you with this website and your membership to the Express Car Wash Club, we also have a Privacy Policy that is expressly incorporated into this Agreement. You can see our Privacy Policy here, and it may be updated at any time.  You agree to this Agreement by doing any one of the following:

1. Using, accessing, or viewing this website; 2. Registering for membership in the Express Car Wash Club; 3. Submitting information to Zap Car Wash, such as your name, address, age, vehicle model, vehicle registration, or credit card information; and/or 4. Purchasing any products or services from Zap Car Wash.

General Provisions 

Zap Car Wash reserves the right, at our sole discretion, to change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on this website. Such changes shall only be effective after posting such notice. You must be 18 years of age or older to subscribe to the Express Car Wash Club. Individuals under the age of 18 must apply in person at Zap Car Wash of North Bergen with consent of their parent or legal guardian to the terms of this Agreement. 

You agree that there are no third-party beneficiaries to the Agreement.

This Agreement constitutes the entire agreement between Zap Car Wash and you with respect to your use of this website and the Express Car Wash Club and this Agreement is governed by the laws of New Jersey. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

This Agreement contains an arbitration agreement, class action waiver, and jury trial waiver. BY AGREEING TO THESE TERMS, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION AGREEMENT; WAIVER OF TRIAL BY JURY AND WAIVER OF CLASS ACTION” TO RESOLVE ANY DISPUTES REGARDING YOUR USE OF THE WEBSITE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). Any actions that may be taken to Small Claims Court must be commenced within two (2) years after the claim or cause of action arises and must be brought in the Superior Court of New Jersey, Bergen County vicinage.

Zap Car Wash will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Privacy Notice

We collect certain information from you when you use this website and/or when you subscribe to or apply for membership in the Express Car Wash Club. We are committed to protecting your privacy.  All such information such as your phone number, email, full name, address, and vehicle description which you provide to Zap Car Wash is subject to our Privacy Policy. 

Zap Car Wash Locations

Each Zap Car Wash location is owned and operated by a separate affiliate and each Zap Car Wash location controls its own services and prices. Each affiliate may offer separate products, services, coupons, incentives, programs and/or discounts. The “Express Car Wash Club™ is offered only by One And Nine Car Wash, Inc. d/b/a Zap Car Wash of North Bergen and is available only at its location at 6904 Tonnelle Avenue, North Bergen, NJ 07047. 

Express Car Wash Membership Subscription Payment and Cancellation Policy

The Express Car Wash Club™ is currently offered by Zap Car Wash of North Bergen for services only at its location at 6904 Tonnelle Avenue, North Bergen, NJ 07047. By subscribing to the Express Car Wash Club™ ("Club"), you authorize Zap Car Wash to automatically charge your credit card each month on the monthly anniversary date of your initial purchase.  If your initial purchase was made on the 31st day of a month, it will be renewed on the 30th day of any month having only 30 days.  If your initial purchase is made on the 29th, 30th or 31stday of a month or on February 29 of a leap year it will automatically be renewed on February 28 each year thereafter during the month of February. This subscription will continue until you cancel it via the Membership Management Page on the Zap Car Wash of North Bergen page of our website, which must be submitted at least three (3) days before your next billing date.  No refunds or credits are available for partial periods.  Club membership is not transferable.  All purchases of products and services including Express Car Wash Membership is subject to all applicable sales taxes which will automatically be added and charged to your credit card on a monthly basis. 

SMS and Email Communications

As a Club member, you may receive promotional alerts, updates, and important communications via SMS and email. You consent to receive automated messages to the phone number and email address you provided. Frequency of the messages may vary, and message and data rates may apply. You can opt-out at any time by sending "STOP" to the short code for SMS or following the unsubscribe link in emails.

Changes and Modifications

The Express Car Wash Club™offers several levels of membership and packages (currently the Zap Wash™, Gold Wash and Platinum Wash packages). Members can manage their accounts online to pause or change plans (limit one membership level change per 90 days) and to update payment information. Requests to cancel or modify memberships must be made either in person at a Zap Car Wash location or through our website at least seven (7) days before your next billing date. Zap Car Wash reserves the right to modify, suspend, or cancel memberships and/or packages offered at any time.

Limitation and Conditions On Daily Car Washes

Membership in the Express Car Wash Club™ is for a single, personal, non-commercial vehicle which is registered with Zap Car Wash. Membership is non-transferable. Membership entitles the member to ONE (1) car wash per day for ONE (1) vehicle only and is valid during normal business hours.  We reserve the right to close or modify hours due to weather or infrequent equipment maintenance.   Membership must be valid and in good standing at the time of the car wash and the vehicle must have a current and valid[SS3] RFID tag for the vehicle affixed to the vehicle’s front windshield each time services are obtained. You agree not to tamper with, transfer, copy, or share a vehicle’s RFID tag. 

If a vehicle identified with a valid RFID tag is sold or stolen, must promptly contact Zap Car Wash and cancel your Express Car Wash Club membership. 

No Commercial Vehicles, Taxis and Ride Share Vehicles

Membership in the Express Car Wash Club is not available for taxis, limousines, livery vehicles, or commercial vehicles including but not limited to ride-share vehicles, such as Uber and Lyft, all of which are prohibited from becoming members of the Club.   Membership in the Express Car Wash Club is limited to private vehicles used for personal use only. 

Compliance with Law; Termination by Zap Car Wash

You agree to use the website and your Express Car Wash Club membership and subscription in accordance with all applicable laws, rules, and regulations. We may cancel your membership or subscription if you violate applicable law, rules, or regulations, or this Agreement. To the maximum extent permitted by applicable law, Zap Car Wash may, in its sole discretion, refuse, suspend, deactivate, or terminate your membership or subscription and/or use of the Website, without notice or liability.  If we refuse, suspend, deactivate, or terminate your membership or subscription, you may not create another Express Car Wash Club subscription or membership without our prior written permission. 

Restrictions on Your Use of the Website

You agree not to use the website in any way except as expressly permitted by this Agreement.  You agree to use the website in accordance with all applicable laws, rules, and regulations. You warrant that all data and information you provide to us in connection with your access to and use of the website and any purchases is true, accurate, and complete. You will not post, transmit, input, upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the website or any computers, hardware, software, system, data, or networks. You will not engage in activities designed to render the website inoperable or to make its use more difficult, or to adversely impact the business interests or reputation of Zap Car Wash. You will not use the website in a way which infringes or violates the intellectual property rights of any third party or restricts or inhibits anyone else’s use or enjoyment of the website. 

No Warranty

THE WEBSITE AND ALL SERVICES OF ZAP CAR WASH ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER ZAP CAR WASH NOR ITS AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE WEBSITE. ZAP CAR WASH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE WEBSITE. ZAP CAR WASH DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ZAP CAR WASH IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAP CAR WASH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. ZAP CAR WASH HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAP CAR WASH OR IN ANY MANNER FROM THE WEBSITE CREATES ANY WARRANTY.

WE MAKE NO REPRESENTATION THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE WEBSITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY DATA FROM THE WEBSITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.

Limitation of Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ZAP CAR WASH, OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“ZAP PARTIES”) BE LIABLE (JOINTLY 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 ZAP PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ZAP PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELLATION OF THESE TERMS. 

Indemnification

You will indemnify, defend, and hold harmless Zap Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the website, (b) your misuse of any material, data, or other data downloaded or otherwise obtained from the website, or (c)  your breach of this Agreement. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Arbitration Agreement; Waiver of Trial by Jury and Waver of Class Action

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ZAP PARTIES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH ZAP CAR WASH AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.

Applicability of Arbitration Agreement

Any dispute, claim, or controversy of any nature arising out of or relating in any way to the use of the Website, your Account, these Terms, or the 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 Zap 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. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.

Disputes Excluded from Arbitration

Disputes where the amount in controversy is less than Five Thousand Dollars ($5,000.00) and filed by you or Zap Car Wash individually in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims court and advance only an individual (non-class, non-representative) claim for relief.  You agree that all such actions must be brought in the Superior Court of New Jersey, Bergen County Vicinage, Small Claims Section and you consent to the exclusive jurisdiction and venue of this Court. You waive your right to participate in any class action or other proceeding involving multiple claimants in any action brought in Court. In the event of any actual, alleged, or threatened violation of confidentiality or violation of Zap Car Wash’s intellectual property or other proprietary rights, Zap 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.

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 expressly agreed in writing by all parties otherwise may be required by law.

Arbitrator

The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current and applicable Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action.

Place and Governing Law

The place of arbitration shall be in Bergen County, New Jersey, 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 (the FAA), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of New Jersey shall apply without regard to conflict-of-laws provisions.

Class Action Waiver

YOU AND ZAP 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 Zap 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.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail to Zap Car Wash, 600 Sylvan Avenue, Suite 407, Englewood Cliffs, New Jersey 07632, Attn: General Counsel. If Zap Car Wash intends to seek arbitration, Zap Car Wash will send a Notice to the email address, current billing address, or cell phone number in your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Zap Car Wash, 600 Sylvan Avenue, Suite 407, Englewood Cliffs, New Jersey 07632, Attn: General Counsel. Zap Car Wash will send such copy to the email address, current billing address, or cell phone number in your Account or to your attorney, if you have retained one.

For Disputes asserted by you, you agree to pay the filing fee specified in the rules of the AAA; You and Zap Car Wash will each pay one-half (1/2) of all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous in which case you shall be responsible for all Arbitration Fees and to reimburse Zap Car Wash for its Arbitration Fees incurred. The parties agree that the prevailing party may recover Arbitration Fees as costs unless otherwise ruled by the arbitrator.

Governing Law, Forum Selection, and Jury Waiver

Except as set forth above, all matters relating to your use of the website, this Agreement and the Express Car Wash Club shall be governed by and construed in accordance with the applicable laws of the State of New Jersey without regard to choice-of-law principles or conflict-of-laws 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.

Unless you and Zap Car Wash agree otherwise, if it is determined or this Agreement provides that a claim should not proceed through arbitration, you agree that any claim or dispute shall be resolved in the Superior Court of New Jersey, Bergen County Vicinage, and you submit to the personal jurisdiction of that Court.  As to any proceeding in court, you and Zap Car Wash both waive your right to a jury trial.

Miscellaneous

We may assign our rights and delegate our duties under this Agreement at any time to any party without notice to you. You may not assign your rights or delegate your duties or assign your subscription or membership in the Express Car Wash Club without our prior written consent, and any such attempted or purported assignment without our prior written consent is void. The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement. This Agreement inures to the benefit of the successors and assigns of Zap Car Wash.  Any provisions of this Agreement that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of this Agreement or of your use of the website or subscription to the Express Car Wash Club. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

By subscribing to the Express Car Wash Club and/or opting into SMS or email communications, you agree to the terms and conditions of this Agreement and acknowledge that you have read and understood our Privacy Policy.