By entering your phone number, you acknowledge that text alerts will be sent to the mobile phone number you provide to Tommy’s Express, LLC (“Tommy’s”). Once you enroll, the number of Tommy’s marketing text messages that you receive may vary depending upon your account activity, promotion engagement, and/or your communication with Tommy’s. You will typically receive text alerts when we have marketing information for you about your account, experience, or other promotions occurring. Tommy’s does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
Entering your phone number is not the only way to access your first month free. To receive this promotion simply download the TommyClub app and complete the sign-up process. The free month will be applied at checkout. This offer is limited to first time members only. Other terms and conditions apply. Enrolling in Tommy’s text marketing alerts program is not required to receive a free month of car washes. To receive a free month without enrolling in text marketing alerts, you can download and signup through the TommyClub. Certain conditions apply. See the app for details.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this agreement or any aspect of the relationship between you, on the one hand, and Tommy’s or its suppliers or vendors, on the other hand, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Tommy’s and you are each waiving the right to trial by a jury. You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.