By purchasing any products or services from Waterway Gas & Wash (“Waterway”), you agree to be bound by these Payment Terms and Conditions (“Payment Terms”) and all other applicable terms, policies, and guidelines. If you are using the Payment Terms on behalf of a business, that business accepts these terms.
1. Prices, Payments and Taxes
1.1 All prices, fees, or other charges are due at the time of purchase.
1.2 Waterway reserves the right to alter, amend, or change all prices, fees, promotions or offerings at any time and for any reason.
1.3 Product and service prices may vary from location to location.
1.4 Waterway reserves the right to cancel or suspend Club memberships or Member benefits, interrupt services, close locations, or to end the Club in whole or in part, at any time and for any reason, in Waterway’s sole discretion.
1.5 For all Club memberships or other products or services requiring recurring payments, you must provide a valid credit or debit card to cover all recurring fees. To begin enrollment, you must make an initial starting payment. After that initial payment, all subsequent recurring payments will be made automatically and you agree that Waterway may submit periodic charges (monthly, annually, etc.) at the then-current price or rate to your chosen payment card, on the recurring date corresponding to the date you enrolled without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method.
1.6 Prices and fees listed for Waterway products or services may not include all applicable taxes. You shall pay the amount of any federal, state, county, or municipality’s applicable taxes for this transaction which is now in effect or may hereafter become effective and you agree to pay the amount thereof on the same terms as you shall pay the quoted purchase price or fees.
2.1 You assume all responsibility and risk with respect to any Waterway products or services. ALL WATERWAY PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WATERWAY DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED.
3. Limitation of Remedy and Liability
3.1 WATERWAY’S LIABILITY TO YOU, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED IN ANY CASE THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE, OR THOSE RECURRING FEES PAID IN THE PREVIOUS ONE MONTH, PAID BY YOU AND UNDER NO CIRCUMSTANCES SHALL WATERWAY BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. THE PRICE OR FEES STATED FOR WATERWAY’S PRODUCTS OR SERVICES IS CONSIDERATION FOR LIMITING WATERWAY’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THESE PAYMENT TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER ACCRUAL.
3.2 Waterway shall not be liable to you for any loss or damage you may suffer directly or indirectly, as a result of Waterway’s failure to deliver or perform, delay in delivering or performing, any lack or limit of product or service availability, or any other term or condition hereof.
4. Refusal or Termination
4.1 Waterway reserves the right to refuse to sell any product or to terminate any services at any time for any reason, in Waterway’s sole discretion.
5.1 Waterway may amend these Payment Terms from time to time. Except as otherwise determined by Waterway, all amended terms shall automatically be effective at the time of posting on the www.waterway.com website.
5.2 Waterway reserves the right to eliminate, add, change, and substitute benefits, products, services, and participating locations without notice.
5.3 Member agrees that no joint venture, partnership, employment, or agency relationship exists between you and Waterway as a result of these Payment Terms.
5.4 These Payment Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of Missouri without regard to conflict of law principles or law.
5.5 It is agreed that any dispute hereunder will be subject to the exclusive jurisdiction of the federal courts in the United States District Court for the Eastern District of Missouri or the state courts in St. Louis County, Missouri, and the courts of appeal therefrom with any claim of forum non conveniens being waived.
5.6 All right to trial by jury in any action, proceeding, or counterclaim arising out of or in connection with these Payment Terms are irrevocably waived.
5.7 These Payment Terms and any other terms referenced herein, shall constitute the entire agreement between you and Waterway.
5.8 Any rights not expressly granted herein are reserved.