1. Terms and Conditions. These Terms and Conditions (“Terms”) govern the access
or use by you, an individual, of applications, websites, content, products, and services
(the “Services”) made available in the United States and its territories and possessions
by Power Wash Atlanta GA and its subsidiaries and affiliates (collectively, “PWA”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR
AGREEMENT TO BE BOUND BY THESE TERMS, WHICH ESTABLISHES A
CONTRACTUAL RELATIONSHIP BETWEEN YOU AND PWA. IF YOU DO NOT AGREE
TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
These Terms expressly supersede prior agreements or arrangements with between you
and PWA. PWA may immediately terminate these Terms or any Services with respect
to you, or generally cease offering or deny access to the Services or any portion thereof,
at any time for any reason and without notice.
Supplemental terms may apply to certain Services, such as policies for a particular event,
activity or promotion, and such supplemental terms will be disclosed to you in connection
with the applicable Services. Supplemental terms are in addition to, and shall be deemed
a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall
prevail over these Terms in the event of a conflict with respect to the applicable Services.
PWA may amend the Terms related to the Services from time to time. Amendments will
be effective upon PWA’s posting of such updated Terms at this location or the amended
policies or supplemental terms on the applicable Service. Your continued access or use
of the Services after such posting constitutes your consent to be bound by the Terms, as
Our collection and use of personal information in connection with the Services is as
2. Intellectual Property Rights. PWA retains all rights, tile and interest (including, without
limitation all intellectual property rights) in and to the Services. Neither these Terms nor
your use of the Services convey or grant to you any rights: (i) in or related to the
Services and/or the Applications except for the limited license granted above; or (ii) to
use or reference in any manner PWA’s company names, logos, product and service names,
trademarks or services marks or those of PWA’s licensing.
3. User Accounts. In order to use most aspects of the Services, you must register for
and maintain an active personal user Services account (“Account”). You must be at least
18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to
obtain an Account and to use the Services. You may not allow anyone under the right of
18 to use the Services. Account registration requires you to submit to PWA certain personal
information, such as your name, address, email address, comments, and phone number.
4. User Provided Content. PWA may, in PWA’s sole discretion, permit you from time to
time to submit, upload, publish or otherwise make available to PWA through the Services
textual, audio, and/or visual content and information, including commentary and feedback
related to the Services, initiation of support requests, and submission of entries for
competitions and promotions (“User Content”). Any User Content provided by you
remains your property. However, by providing User Content to PWA, you grant PWA a
worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to
sublicense, to use, copy, modify,create derivative works of, distribute, publicly display,
publicly perform, and otherwise exploit in any manner such User Content in all formats
and distribution channels now known or hereafter devised (including in connection with
the Services and PWA’s business and on third-party sites and services), without further
notice to or consent from you, and without the requirement of payment to you or any
other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all
User Content or you have all rights, licenses, consents and releases necessary to grant
PWA the license to the User Content as set forth above; and (ii) neither the User Content
nor your submission, uploading, publishing or otherwise making available of such User
Content nor PWA’s use of the User Content as permitted herein will infringe, misappropriate
or violate a third party’s intellectual property or proprietary rights, or rights of publicity or
privacy, or in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent,
obscene, pornographic, unlawful, or otherwise offensive, as determined by PWA in its
sole discretion, whether or not such material may be protected by law. PWA may, but
shall not be obligated to, review, monitor, or remove User Content, at PWA’s sole
discretion and at any time and for any reason, without notice to you.
5. Network Access and Devices. You are solely responsible for obtaining the data
network access necessary to use the Services. Your mobile network’s data and messaging
rates and fees may apply if you access or use the Services from a wireless-enabled device.
You are responsible for acquiring and updating compatible hardware or devices necessary to
access and use the Services and Applications and any updates thereto. PWA does not guarantee
or warrant that the Services, or any portion thereof, will function on any particular hardware
or devices. In addition, the Services may be subject to malfunctions and delays inherent in
the use of the Internet and electronic communications.
6. Warranty Disclaimer. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
PWA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY,NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PWA MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES
OBTAINED THROUGH THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION,
THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES,
AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH
INCLUDING, WITHOUT LIMITATION, THE SERVICES, REMAINS SOLELY WITH YOU,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER
DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED
UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF BUSINESS.
7. Limitation of Liability. PWA SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF PWA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PWA SHALL NOT BE LIABLE
FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR
USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD
PARTY PROVIDER, EVEN IF PWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. PWA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM CAUSES BEYOND PWA’S REASONABLE CONTROL. IN NO EVENT
SHALL PWA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS
(US $500). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT
BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PROPERTY.
8. Indemnity. You agree to indemnify and hold PWA and its officers, directors, employees and
agents, harmless from any and all claims, demands, losses, liabilities, and expenses
(including attorneys’ fees), arising out of or in connection with: (i) your use of the Services;
(ii) the “Services” you obtain through the use of the Services, (iii) your breach or violation
of any of these Terms; (iv) PWA’s use of your User Content; or (v) your violation of the rights of
any third party, including Third Party Providers.
9. Dispute Resolution. You agree that any dispute, claim or controversy arising out of or
relating to these Terms or the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services (collectively, “Disputes”) will be settled by binding
arbitration between you and PWA, except that each party retains the right to bring an
individual action in small claims court and the right to seek injunctive or other equitable
relief in a court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or
other intellectual property rights. You acknowledge and agree that you and PWA are each
waiving the right to a trial by jury or to participate as a plaintiff or class in any purported
class action or representative proceeding. Further, unless both you and PWA otherwise agree
in writing, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will
be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution”
section will survive any termination of these Terms. The arbitration will be administered by
the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”)
then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are
available at www.adr.org/arb_med or by calling the AAA at .) The Federal Arbitration Act
will govern the interpretation and enforcement of this Section. Any award of damages must
be consistent with the terms of the “Limitation of Liability” section above as to the types and
the amounts of damages for which a party may be held liable. The arbitrator may award
declaratory or injunctive relief only in favor of the claimant and only to the extent necessary
to provide relief warranted by the claimant’s individual claim.
10. Modifications. Notwithstanding the provisions of the modification-related provisions above,
if PWA changes the “Dispute Resolution” section after the date you first accepted these Terms
(or accepted any subsequent changes to these Terms), you may reject any such change by
providing PWA written notice of such rejection by mail or hand delivery to: Power Wash Atlanta
GA, Attn: Dispute Resolutions, 1877 Clearwater Drive, Marietta GA 30067, or by email from the
email address associated with your Account to: email@example.com, within 30 days
of the date such change became effective, as indicated in the “Last update” date above. In order
to be effective, the notice must include your full name and clearly indicate your intent to reject
changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will
arbitrate any Dispute between you and PWA in accordance with the provisions of this “Dispute
Resolution” section as of the date you first accepted these Terms (or accepted any subsequent
changes to these Terms).
a. Choice of Law. These Terms are governed by and construed in accordance with the laws
of the State of Georgia, U.S.A., without giving effect to any conflict of law principles.
b. Notice. PWA may give notice by means of a general notice on the Services, electronic
mail to your email address in your Account, or by written communication sent by first class mail
or pre-paid post to your address in your Account. Such notice shall be deemed to have been given
upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post)
or 12 hours after sending (if sent by email). You may give notice to PWA, with such notice deemed
given when received by PWA, at any time by first class mail or pre-paid post to Power Wash Atlanta
GA, Attn: User Notices – 1877 Clearwater Drive, Marietta GA 30067.
c. Assignment. You may not assign these Terms or your Account without PWA’s prior
written approval. PWA may assign these Terms without your consent to: (i) a subsidiary or affiliate;
(ii) an acquirer of PWA’s equity, business or assets; or (iii) a successor by merger. Any purported
assignment in violation of this section shall be void.
d. Relationship. No joint venture, partnership, employment, or agency relationship exists
between you, PWA or any Third Party Provider as a result of this Agreement or use of the Services.
e. Severability. If any provision of these Terms is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced to the fullest extent
under law. PWA’s failure to enforce any right or provision in these Terms shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by PWA in writing.