COOKIE STATEMENT (GLOBAL)
Effective Date: Nov 01st 2017 We and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, mobile applications, electronic communications, advertisements, and other online services (collectively, the "Services") for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site trends, and generally understanding the online behaviors and interests of people who interact with our Services. You can read more here about the types of cookies we use, why we use them, and how you can exercise your choices.
Cookies Overview Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So, cookies served by L2W while you are on www.link2wash.com & L2W app are first party cookies. Cookies served by companies that are not operating the domain you’re visiting are called “third party cookies.” So, we may allow Google to set a cookie on your browser while you visit www.link2wash.com, and that would be a third-party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies'' meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.
Other Identification Technologies We call this a Cookie Statement, but the statement addresses cookies and other identification technologies we may use or permit on our Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.
Your Choices You have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the "Help" or “Preferences'' menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table above. Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit this site for more information. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.
Types and Purposes of Cookies The following table sets out the different categories of cookies that our Services use and why we use them. The lists of third-party cookie providers are intended merely as illustrative, not comprehensive.
Type of Cookie Purpose Who Serves (for example)
Authentication Cookies These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information, service history, and to edit your account settings. • L2W
Security and site integrity cookies we use these cookies to support or enable security features to help keep L2W safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.
Analytics and research These are used to understand, improve, and research products and Services, including when you access the L2W website and related websites and apps from a computer or mobile device. For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use websites, apps, products, services and ads.
Advertising Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our partners may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed or provide us with information about how you interact with them. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices if you are in the United States, or http://youronlinechoices.eu/ if you are outside the United States.
Contact us if you have any questions about our use of cookies, please contact us at: customerservice@link2wash.com
Effective Date: Nov 1 2017
L2W collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. For residents in the United States, the Services are provided by M3K Auto Group LLC and this Privacy Statement applies to information collected and used by M3K Auto Group LLC, and this Privacy Statement applies to information collected and used by M3K Auto Group LLC is referred as “L2W” or “we”).
Scope and Application
This Privacy Statement (“Statement") applies to persons anywhere in the world who use our apps or Services to request car wash services (“Users”). This Statement does not apply to information we collect from or about car washers, couriers, partner car wash companies, or any other persons who use the L2W platform under license. If you interact with the Services as both a User and a car washer, the respective privacy statements apply to your different interactions.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, Cars plate number, items requested (for delivery services), delivery notes, and other information you choose to provide.
Information We Collect Through Your Use of Our Services
When you use our Services, we collect information about you in the following general categories: •Location Information: When you use the Services for car wash, we collect precise location data about the place from the L2W app used by the Car Washer. If you permit the L2W app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
Important Information About Platform Permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the L2W app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the L2W app seeks before you first use the app, and your use of the app constitutes your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
Information We Collect from Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example:
Use of Information
We may use the information we collect about you to:
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement.
Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
Through Our Services
We may share your information:
Other Important Sharing
We may share your information:
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.
Your Choices
Account Information
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us a customerservice@link2wash.com Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Access Rights
L2W will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Location Information
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your trip location information from a L2W T-MEMBERS device nor our ability to derive approximate location from your IP address.
Contact Information
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
Promotional Communications
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Cookies and Advertising
Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.
Changes to the Statement
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
Contact Us
If you have any questions about this Privacy Statement, please contact us at customerservice@link2wash.com or write us at M3K Auto Group LLC Attn: 1734 Pepper Hill Ln Sugar land, Tx, 77479. US
M3K Auto Group LLC. (“L2W”) or any of its subsidiaries or employees (“affiliates”) do not accept or consider unsolicited ideas or suggestions from you or other third parties so as to avoid any potential misunderstandings or disputes in the event that L2W’s products, services, or marketing strategies seem similar to unsolicited ideas submitted to L2W. Unsolicited ideas or suggestions include, but are not limited to, ideas for new or improved technologies, products, services, processes, materials, names, artworks, or advertisements, promotions, or other marketing plans or campaigns. As L2W respects your rights to your ideas, please do not submit any unsolicited ideas or suggestions (“submissions”) in any form to L2W or any of its affiliates. If you still choose to submit any unsolicited ideas or suggestions despite our request, regardless of what your communication regarding your submissions says, the following terms shall apply to your submissions:
You agree that:
1. Your submissions and their contents will automatically become the property of L2W, without any compensation to you;
2. L2W has no obligation to review your submissions;
3. L2W may make, use, sell, or distribute your submissions and their contents for any purpose in any way; and L2W has no obligation to keep your submissions confidential.
Last Updated: Nov, 2017 These L2W for Business terms and conditions (the “Agreement”) are entered into by and between the company identified within this sign-up page (“Customer”) and M3K Auto Group LLC, (“L2W”). Capitalized terms used herein shall have the meaning ascribed to them in this Agreement. This Agreement sets forth the terms under which a Customer may utilize Customer Billing in conjunction with the L2W Service and the associated L2W App. Customer’s use of Customer Billing is subject to this Agreement, as may be modified or updated by L2W from time to time, effective upon posting of an updated version of the Agreement at /faqs. L2W will provide Customer with a notice of any such modifications or updates via email and/or the Dashboard, and Customer is responsible for regularly reviewing the Agreement. Continued use of Customer Billing after any such modifications or updates shall constitute Customer’s consent to such changes.
1. Definitions “Active Account” shall have the meaning set forth in Section 2.3. “Customer Billing” shall mean an enterprise billing and payment process for the L2W Service provided by L2W to the Customer hereunder for User Charges, with payment by Customer either (a) by direct charge to a Customer credit card, or (b) if L2W has approved invoicing for Customer, subject to an invoice delivered by L2W to Customer on a monthly basis. “Customer Card” shall have the meaning set forth in Section 2.1. “Customer User” shall mean an individual authorized to use Customer Billing in connection with use of the L2W Services and linked to Customer Billing via that individual’s Active Account, each as identified by Customer to L2W as set forth in this Agreement. “Dashboard” shall have the meaning set forth in Section 3.1. “End User Terms” shall mean the terms and conditions applicable to all users of the L2W Service, available at /faqs, as may be updated by L2W from time to time. “Invoice” shall have the meaning set forth in Section 4.2. “Monthly Billing” shall have the meaning set forth in Section 4.2. “Proposed User” shall have the meaning set forth in Section 2.3. “Service Fee” shall mean the service fees applicable to User Charges and/or Customer’s use of the L2W Services, if any, as set forth on the Cover Sheet. “Term” shall have the meaning set forth in Section 5.1. “L2W App” shall mean L2W’s mobile application or mobile website (www.Link2wash.com) required for use of the L2W Service, as may be updated by L2W from time to time. “L2W Service” shall mean L2W’s technology platform that, when used in conjunction with the L2W App, enables users to request on-demand carwash services. “User Charges” shall mean charges incurred by Customer Users for carwash obtained through the use of the L2W Service, including any applicable tolls, foreign transaction fees, taxes, and any other fees or charges that may be due for a particular use of the L2W Service.
2. Provision of Services
2.1 Access to Services Upon execution of this Agreement, L2W will establish a Customer corporate account that will enable Customer to provide Customer Billing to authorized Customer Users with Active Accounts. As part of the corporate account, Customer agrees to provide and maintain during the Term a valid Customer credit card number (the “Customer Card”) that may be charged for Customer Billing as set forth herein. Using such corporate account, Customer, at its discretion, may permit Customer Users with an Active Account to employ Customer Billing when using the L2W Service. Customer acknowledges a Customer User employing Customer Billing will be incurring User Charges to the account of Customer, and not to the Customer User’s personal account or credit card, and Customer agrees to pay all User Charges incurred under Customer Billing, as well as any applicable Services Fees, in accordance with the terms and conditions of this Agreement. Subject to Customer’s compliance with this Agreement, L2W agrees to use commercially reasonable efforts to provide the L2W Service and Customer Billing to Customer and the Customer Users as set forth herein.
2.2 L2W Policies L2W current policies and practices regarding the safety of all users of the L2W Service are available at /faqs. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE L2W SERVICE IS A TECHNOLOGY PLATFORM THAT ENABLES ACCESS TO REQUEST ON-DEMAND CARWASH SERVICE PROVIDED BY INDEPENDENT CARWASH PERSON OR COMPANY. L2W IS NOT A CARWASH SERVICE PROVIDER. L2W DOES NOT GUARANTEE AVAILABILITY OF CARWASH SERVICE, ON-TIME SERVICE FINISHED, OR ANY OTHER SERVICES LEVELS RELATED TO INDEPENDENT CARWASH SERVICE PROVIDERS THAT MAY BE OBTAINED VIA THE L2W SERVICE.
2.3 Active Account Required (a) Customer acknowledges and agrees that before an individual authorized by Customer (“Proposed User”) can employ Customer Billing on the L2W Service pursuant to this Agreement, such Proposed User must (i) install or access the L2W App on a compatible mobile device, (ii) register for and maintain during the Term an active personal user account for the L2W Service, which registration requires the entry of certain Proposed User personally identifiable information and a personal credit card number, and (iii) confirm the mobile number provided during the registration process (“Active Account”). L2W’s collection and use of any personally identifiable information and credit card information to establish an Active Account shall be as set forth on the L2W Privacy Policy, available at /faqs, as may be updated by L2W from time to time (b) Customer acknowledges that certain Proposed Users may be suspended or banned from use of the L2W Service due to future or past violations of the End User Terms (“Violations”), and that L2W shall have no obligation or liability related to a Proposed User that is unable to obtain or maintain an Active Account for the purposes of Customer Billing hereunder due to Violations.
2.4 User Account Linking (a) To enable Customer Billing for a Proposed User with an Active Account, Customer must provide L2W with (i) such Active Account holder’s full name, (ii) the Active Account holder’s email address on the top level domain of Customer (e.g., asmith@customer.com), and (iii) other identifying information about the Active Account holder as reasonably requested by L2W (“Linking Data”). L2W will use the Linking Data provided by Customer for the purpose of (x) authenticating the identified Active Account holder and linking such Active Account with the Customer Billing option to establish the Active Account holder as a Customer User, and (y) verifying the Customer Billing status of such Customer User from time to time during the Term. All Proposed Users invited to enable Customer Billing will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with Customer’s account for Customer Billing. Upon the linking of Customer Billing to an Active Account, such Customer User shall be provided the option, on a carwash-by-carwash basis, to apply User Charges to either (A) such Customer User’s personal credit card or (B) the Customer account via the Customer Billing option. (b) Customer acknowledges that the verification and linking described in Section 2.4(a) will require L2W to contact each such Proposed User using the Linking Data, and Customer agrees to inform, and get all necessary consents from, each Proposed User for L2W to contact such Proposed User for the purpose of implementing the Customer Billing option in the applicable Active Account. Customer shall ensure that Linking Data provided to L2W is accurate and complete, and L2W shall not be liable to Customer, a Customer User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by Customer. (c) A Customer User’s personal account may be unlinked from Customer’s account and the Customer Billing option at any time by (i) Customer unlinking such Customer User through the Dashboard, or (ii) the Customer User deleting the Customer Billing option from the Active Account.
2.5 Responsibility for User Activity Customer agrees that (a) Customer is responsible for all User Charges incurred by Customer Users on a then-current authorized Customer User list via the Customer Billing option, regardless of whether such User Charge was authorized between Customer User and Customer and (b) User Charges may be subject to price changes at any time, including without limitation, occasional increases known as “surge pricing” during periods of high demand as further described in the End User Terms. Further, Customer agrees that L2W shall not be responsible for User Charges incurred by a Customer User after Customer has attempted removal of such Customer User from the Customer Billing option to the extent Customer provides incomplete or inaccurate Customer User removal information via the Dashboard. Finally, as between Customer and L2W, Customer shall be responsible for the User Charges incurred due to fraudulent or other unpermitted activity on the part of Customer User’s use of Customer Billing for the L2W Service. Customer shall notify L2W promptly upon discovery of fraudulent or unpermitted activity occurring under Customer’s account.
2.6 Restrictions Customer agrees to, and to cause all Customer Users to, use the L2W Service and L2W App solely as set forth in this Agreement and the End User Terms; provided, however, that in the event of a conflict between this Agreement and the End User terms with respect to Customer or any authorized Customer User employing Customer Billing with the L2W Service, the terms of this Agreement shall control. L2W reserves the right to suspend participation in Customer Billing to Customer and/or any Customer Users for violations of this Agreement or the End User Terms. In the event that a Customer User’s Active Account is suspended or terminated pursuant to the End User Terms, such Customer User’s access to Customer Billing shall also be suspended. Customer shall not, and shall not authorize others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the L2W Service or L2W App, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the L2W Service or L2W App to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the L2W App for any usage of the L2W Service or (d) impose any additional fees or charges on a Customer User related to use of the L2W Service. L2W reserves all rights not expressly granted to Customer or Customer Users under this Agreement.
3.Account Administration
3.1 Customer Dashboard Customer shall be provided with access to L2W’s browser-based online dashboard for “L2W for Business” customers (“Dashboard”).L2W’s primary contact with Customer shall be by way of Customer’s administrator set forth on the Cover Sheet (“Administrator”). L2W will inform the Administrator of Dashboard login credentials. The Dashboard will enable Customer to (a) view a current list of all Proposed Users who have been invited to, and Customer Users who have linked to, Customer Billing, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Customer User’s access to Customer Billing, (d) prepare and review activity reports of Customer Users using Customer Billing, (e) disable all current Customer Users of Customer Billing, (f) manage and update the Customer Card on file, (g) review and manage payment invoices, as applicable, (h) settle outstanding balances on the Customer account, and (i) view current, appoint new, and remove Administrators. L2W reserves the right to add, remove and update features and functionality of the Dashboard at any time.
3.2 Administration Customer may appoint additional administrators at its discretion, and L2W will cooperate with Customer to inform new administrators of Dashboard login credentials. Customer agrees to (a) maintain all Dashboard login credentials in confidence, (b) only permit the lead Administrator and Customer’s other authorized administrators to access the Dashboard, and (c) update all information of the lead Administrator and other authorized administrators to ensure that it is current, accurate, and complete. Customers shall be responsible for all activity that occurs under its Dashboard login credentials.
3.3 Customer User Updates It is Customer’s sole responsibility to keep and maintain an accurate list of current authorized Customer Users entitled to access Customer Billing via the Dashboard. L2W may review the current list of Customer Users from time to time via the Dashboard to maintain and support the L2W App and L2W Service and ensure compliance with this Agreement.
4. Fees and Payments
4.1 Fees In consideration of L2W’s provision of the L2W Services and Customer Billing as set forth herein, Customer shall pay to L2W all User Charges and any applicable Services Fees L2W may charge for certain functionality and features (collectively, the “Fees”) as set forth below.
4.2 Payment Terms Subject to terms and conditions determined by L2W in its sole discretion, Customer may qualify to receive monthly invoices (each, an “Invoice”) for Fees incurred by Customer Users utilizing Customer Billing during the preceding month (“Monthly Billing”). If Customer qualifies for, and elects to participate in, Monthly Billing through the Dashboard, Fees shall be billed to Customer monthly as set forth in an applicable Invoice, and each such Invoice shall be payable in full by Customer within thirty (30) days of receipt of such Invoice. If Customer is not participating in Monthly Billing, L2W shall charge the Customer Card for Fees at the end of each Customer User’s carwash service utilizing Customer Billing. Unless otherwise indicated on a Customer User receipt, all Fees are exclusive of applicable taxes, and Customer agrees to be responsible for the payment of any such taxes assessed on Fees, including, but not limited to, all sales, use, VAT or similar taxes, except for taxes based on L2W’s income. All payments shall be processed in the local currency applicable to the geography of the Customer User’s applicable carwash except in certain instances when L2W may process foreign transactions in United States dollars. All payments are nonrefundable except as may be expressly provided otherwise herein.
4.3 Nonpayment L2W reserves the right to immediately charge the Customer Card in the event that any Invoice has not been paid as of the applicable due date. L2W reserves the right to immediately suspend Customer’s account and suspend any or all Customer Billing by all Customer Users in the event of any unpaid Fees by Customer due to past due Invoices (as applicable), an invalid credit Customer Card on the Customer account, or a rejected Customer Card transaction. L2W further reserves the right to pursue any and all remedies available to it under applicable law, including reporting Customer to applicable credit reporting agencies, in the event of any unpaid Fees hereunder. Reestablishing a Customer account after full payment of late Fees shall be at L2W’s sole discretion. All late payments shall bear interest at the greater of 1.5% per month or the maximum allowed by applicable law.
5. Term and Termination
5.1 Term This Agreement shall commence on the Effective Date and shall remain in effect until terminated as set forth herein (the “Term”). **
5.2 Termination Either party may terminate this Agreement with or without cause upon five (5) days’ advance written notice to the other party. All outstanding payment obligations and Sections 4, 6, 7, 8 and 9 of these Terms shall survive the termination of this Agreement.
6. Warranty and Disclaimer of Liability
6.1 Mutual Warranties Each party represents and warrants that: (a) such party has the full right, power and authority to enter into this Agreement; and (b) such party’s acceptance of this Agreement, as well as such party’s performance of the obligations set forth in this Agreement, does not and will not violate any other agreement to which such party is a party.
6.2 Customer Warranties Customer represents and warrants that: (a) Customer has all rights and permissions necessary to provide L2W with the Linking Data and any other information provided to L2W hereunder in connection with the L2W Service and Customer Billing; and (b) Customer has obtained legally adequate consent from Proposed Users and Customer Users as necessary to provide L2W with any personally identifiable information in connection with the L2W Service and Customer Billing.
6.3 Disclaimer of Warranties EXCEPT AS EXPRESSLY PROVIDED HEREIN, L2W PROVIDES THE L2W SERVICE AND L2W APP “AS IS” AND WITHOUT WARRANTY.L2W DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE L2W SERVICE AND L2W APP WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE L2W SERVICE OR L2W APP WILL BE UNINTERRUPTED OR ERROR FREE. L2W HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) ANY IMPLIED OR STATUTORY WARRANTIES COVERING THE L2W SERVICE OR THE L2W APP, AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
7. Limitations of Liability IN NO EVENT SHALL L2W OR CUSTOMER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING UNDER THIS AGREEMENT, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF L2W OR CUSTOMER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Proprietary Rights
8.2 Ownership L2W and its affiliates are and shall remain the owners of all right, title and interest in and to the L2W Service and L2W App, including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to Customer or any Proposed User or Customer User in connection with this Agreement.
9. General Conditions
9.1 Governing Law This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the internal laws of the State of Texas, without regard to its principles regarding conflict of laws. In the event of any litigation between the parties related to this Agreement, the parties agree to submit to personal and exclusive jurisdiction for such action in the State Courts for the County of Houston,Texas.
9.2 Notices Any notice required or permitted to be delivered to Customer by this Agreement shall be posted to the Customer’s Dashboard. Any notice required or permitted to be delivered to L2W by this Agreement shall be submitted via customerservice@link2wash.com
9.3 Force Majeure Nonperformance of either party under this Agreement shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.
9.4 Severability If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
9.5 Assignment This Agreement is not transferable and may not be assigned by Customer, in whole or in part, without the prior written consent of L2W, provided that Customer may assign this Agreement without such consent, but with notice to L2W, in connection with a merger or a sale of all of the equity or assets of Customer. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.
9.6 Attorney’s Fees In any litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this Agreement.
9.7 Headings Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
9.8 Independent Contractor L2W and Customer are and shall remain independent contractors. Neither party is the representative or agent of the other and neither party shall have any power to assume any obligations on behalf of the other. Customer hereby represents that the individual clicking to accept this Agreement is authorized by Company to bind, and does hereby bind, Company to the terms hereof.
Effective Date: Nov 1th 2017 L2W collects information about you when you use our mobile applications, websites, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. For persons residing in the United States, the Services are provided by M3K Auto Group, LLC and its U.S. affiliates (hereinafter “L2W” or “we”).
Scope and Application This U.S. L2W T-Member Privacy Statement (“Statement”) applies to L2W T-member, couriers, partner L2W Partners companies, and any other persons that use the L2W platform under license (collectively “L2W Partner,” or individually “you”) and reside in the United States. This Statement does not apply to L2W T-Members who reside outside the United States. The Statement also does not apply to persons (e.g. customers) who use our app or Services to request carwash service (“Users”). If you interact with the Services as both a User and a L2W T-Member, the respective privacy statements apply to your different interactions.
Collection of Information L2W may collect personal information from or about you when you create an account for, and use, the L2W Services, including location data, which information may be stored, processed, and/or accessed by L2W, as well as its service providers, for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with L2W’s and its Affiliates’ legitimate business needs. By submitting information to L2W during the account creation process and/or by using the Services, you consent to such collection and use of personal data.
Disclosure of L2W T-Member Information to Third Parties Subject to all applicable laws, L2W may provide to a third party any information (including personal data and any L2W Data) about L2W T-Member provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, relating to a L2W T-Member; (b) it is necessary to enforce the terms of the L2W T-Member agreement; (c) it is required, in L2W’s sole discretion, by applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in L2W’s sole discretion, to protect the safety, rights, property, or security of L2W, the L2W Services, or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which L2W, in its sole discretion, considers to be, or to pose a risk of being, illegal, unethical, or legally actionable.
Location-Based Services Consent You hereby expressly consent to L2W’s use of location-based services and expressly waive and release L2W from any and all liability, claims, causes of action or damages arising from your use of the L2W Services, or in any way relating to the use of the precise location and other