Tommy’s Express LLC and the owner of the car wash (the “Operator”) from whom you (the “Subscriber”) will be purchasing your Tommy’s Express Monthly Unlimited Wash Subscription (the “Subscription”), require that you agree to the following end user license agreement (the “Agreement”):
Tommy’s Express, LLC, (Tommy’s Express) a limited liability company organized under the laws of the State of Michigan, partners with their Franchisees (“Franchisees”) to offer consumers the opportunity to purchase Tommy’s Express-branded gift cards through Tommy’s Express Franchisee locations and online. After purchase, Franchisees physically give the Gift Card to the designated recipient (if the Gift Card is a physical card) or via email if the Gift Card is electronic (“E-Gift Cards”), all as designated by the consumer in the order. Your use or purchase of a Physical Card or an E-Gift Card (collectively, the “Gift Cards”) indicates your acceptance of these terms and conditions applicable to all Gift Cards. Tommy’s Express may, from time to time, change these Terms and Conditions and you agree that any such changes or modifications shall apply to you and to any Gift Cards you purchase.
In purchasing a Gift Card, consumers have the opportunity to select from a variety of Tommy’s Express-branded gift card styles. Physical Cards are given to designated recipients at the time of purchase. E-Gift Cards are sent via email.
Your participation in the Tommy’s Express branded Gift Card program, eGiftCard, Gift Certificate or other stored value product (collectively, "Gift Cards") indicates your acceptance of these Terms and Conditions. Except as otherwise provided by law, these Terms and Conditions apply to all Gift Cards, whether purchased at store locations, online, or received from third parties.
Tommy’s Express LLC takes no responsibility for any claims or warranties that any Franchisee may make to consumers regarding its participation in the Gift Card Program or with respect to any Gift Cards. Franchisees are solely responsible for any claims and warranties that the Franchisee may make to the consumers. Tommy’s Express LLC expressly disclaims any warranties or responsibility for any claims relative to the Gift Card Program, except to the extent made in writing by an authorized Tommy’s Express LLC representative in a binding agreement with the Franchisee. Tommy’s Express LLC expressly disclaims any warranties to or any responsibility for claims made by any consumer purchasing or seeking to purchase Gift Cards from a Franchisee through the Gift Card Program. In furtherance and not in limitation of the foregoing, Tommy’s Express LLC is not responsible for the specific content of any Gift Cards, for any photographs, images, marks or logos included in any Gift Card design by the consumer or by the Franchisee. Consumers utilizing the Tommy’s Express website to purchase Gift Cards expressly agree to comply with all applicable laws and regulations including without limitation, Federal, State and local laws and regulations governing intellectual property, commerce and postal regulations. Tommy’s Express LLC expressly reserves the right to cancel or modify any Gift Card order that is not fully in compliance with these Terms and Conditions, and Merchant acknowledges and agrees that Tommy’s Express LLC shall have no liability for or relating to any such cancelled or modified Gift Card order.
TOMMY’S EXPRESS LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, THE SOLE REMEDY, AND TOMMY’S EXPRESS LLC’S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH THE CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.