Clean Ride Club Membership Terms

Oneida Nation Enterprises, LLC (“ONE”) through its affiliates SavOn, LLC (“SavOn”) and Patrick Road Car Care, LLC (together with ONE and SavOn, “we”, “us” or “our”), each governmental instrumentalities organized by, and existing under the laws of, the Oneida Indian Nation, a sovereign Indian nation, are pleased to offer our customers membership to the Clean Ride Club (“CRC”) that allows members to subscribe for a CRC membership plan specifying a level of car wash services at our network of Maple Leaf Market and Turning Stone CarCare car wash locations. As used in these Terms, the “service” or the “services” means the car wash services provided to the identified vehicle by us under your purchased CRC membership plan. The recurring monthly fee depends on the CRC membership plan purchased for each vehicle. These Membership Terms (“Terms”) govern your purchase of and membership in the CRC and use of the services offered through the CRC. These Terms, and any other supplemental terms and conditions referenced herein (including without limitation the “Privacy Policy” (available at: https://www.onenterprises.com/privacy-policy), constitute a legally binding agreement between any person who accesses or uses these services (“you”) and us. By providing us with a Payment Method (defined below), and either accepting these Terms or otherwise utilizing the services, you agree that you have read, understand and agree to these Terms. If you do not agree with these Terms, cancel your CRC membership plan per the procedure outlined in Section 2.4 “Cancellation by You”, and do not use the services.

PRIVACY

When you register your CRC membership account and purchase one or more CRC membership plans, we need to collect personally identifying information. Please review our Privacy Policy (available at: https://www.onenterprises.com/privacy-policy) to understand our practices.

CRC MEMBERSHIP PLANS AND FEES

1.1. Services. We offer the following CRC membership plans: Gold and Bronze. Information about service details and fees, can be accessed at https://www.mapleleafmarkets.com/clean-ride-club or https://www.turningstonecarcare.com/clean-ride-club. We reserve the right to change our CRC membership plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to your CRC membership plan or any increase to your membership fees will take effect thirty (30) days after being posted on https://www.mapleleafmarkets.com/clean-ride-club and https://www.turningstonecarcare.com/clean-ride-club. The services offered at each location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders or other force majeure events. A currently paid CRC membership plan allows the vehicle identified with the plan unlimited car wash services at any Maple Leaf Market or CarCare location.

1.2. Auto-Renewal. The CRC membership plan for each vehicle will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method”) to us and your acceptance of the Terms as set forth above. A link to these Terms will be included with your purchase receipt for future reference. Your CRC membership plan will automatically renew monthly, such that your Payment Method will automatically be charged on a recurring monthly basis until cancelled by you or terminated by us in accordance with these Terms. You retain the right without additional cost or penalty to terminate the CRC membership plan if you cancel in a timely manner as described below.

1.3 RFID Sticker. We will affix a radio frequency identification (RFID) sticker to the vehicle’s front windshield upon enrollment in a CRC membership plan. The CRC membership plan number for the vehicle appears on this RFID sticker. The RFID sticker must be affixed to the vehicle’s windshield each time services are obtained. You agree not to tamper with, copy or share a vehicle’s RFID sticker. New stickers may have a fee of up to $5 and must be processed and installed by one of our Maple Leaf Market or CarCare locations.

1.4 Single Vehicle, Personal Use Only. Each purchased CRC membership plan is for a single, personal, non-commercial vehicle only. Resale or transfer of your CRC membership plan or RFID to another vehicle or person is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis and limousines, are not eligible for the CRC.

1.5 Vehicle Sold. If a vehicle identified with a CRC membership plan is sold, you may transfer the CRC membership plan to another vehicle by visiting any Maple Leaf Market or CarCare location.

1.6 Vehicle Stolen. If a vehicle identified with a CRC membership plan is lost or stolen, you must promptly deactivate the vehicle’s CRC membership plan, or others may access the car wash service through your account and may be able to access certain of your account information. To deactivate, please follow the cancellation procedure in Section 2.4 or contact your local Maple Leaf Market or CarCare location.

1.7 Discounted Introductory Period. If a discounted introductory period is available to you, then it will be specified at the time of purchase. The introductory period is intended to allow new and certain former CRC members to try the services, and may require commitment to a number of full payment billing cycles as defined at time of registration. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by us in our sole discretion. At the expiration of any discounted introductory period, we will charge the then-current fee for your chosen plan on your next billing cycle to your Payment Method and your CRC membership will automatically renew unless you cancel your CRC membership prior to the end of the discounted introductory period as set forth below. We reserve the right to revoke the discounted introductory period, and charge you the then-standard fee for the plan you selected, and/or put your account on hold in the event that we determine that you are not eligible for the introductory discount.

BILLING, CANCELLATION, AND REFUNDS

2.1 Payment Processing. To purchase a CRC membership plan, you must provide a Payment Method. You authorize us to charge the current Payment Method associated to your CRC membership account for your CRC membership plan(s) fees, which will be automatically charged on a monthly basis. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your CRC membership account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees. Check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. For additional information, please see our Privacy Policy.

2.2 Automatic Billing Cycle. The fee for the CRC membership plan you purchase, and any other charges you may incur in connection with your CRC membership plan, such as taxes and possible transaction fees, will be charged monthly to your Payment Method on the day of month on which you signed up for the plan. Fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your CRC membership plan was purchased on a day not contained in a given month, e.g., the 31st. The charges will appear on your Payment Method receipt as from the Maple Leaf Market of CarCare location where your membership was originally purchased.

2.3 Updating your Payment Method. To update your Payment Method, go online at https://www.mapleleafmarkets.com/clean-ride-club or https://www.turningstonecarcare.com/clean-ride-club. We may also update information on your Payment Method using information provided by the payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each CRC membership plan associated with your CRC membership account.

2.4 Cancellation by You; Reactivation. You must cancel a CRC membership plan at least 7 days before it renews in order to avoid automatic billing to your Payment Method for the applicable fee for the next monthly billing cycle. The vehicle identified with the cancelled CRC membership plan will continue to have access to the car wash services through the end of its billing period. To cancel, please email us at carwash@mapleleafmarkets.com. If you cancel all CRC membership plan(s) associated with your CRC membership account, your account will automatically close at the end of the next applicable billing period. To reactivate a closed CRC membership account visit any participating Maple Leaf Market or CarCare location.

2.5 No Refunds. Paid CRC membership fees are nonrefundable and there are no refunds or credits for partially used CRC membership plan periods. Any refund, discount, or other consideration to some or all of our CRC members are at our sole and absolute discretion in accordance with applicable law.

CRC MEMBERSHIP ACCOUNT

3.1 Membership Account. The person who registered the CRC membership account and whose Payment Method is charged has access and control over the CRC membership account and is responsible for (a) any activity that occurs through the CRC membership account; and (b) updating and maintaining the accuracy of the information in the account. To register a CRC membership account, you must be 18 years of age. Individuals under the age of 18 must use the CRC membership account of their parent or legal guardian pursuant to these Terms. If you submit the personal information of any person other than yourself registering an account or purchasing additional CRC membership plans, you warrant that you have that person’s permission to provide us with that information.

3.2 Updating Your CRC Membership Account. To update your CRC membership account, go online at https://www.mapleleafmarkets.com/clean-ride-club or https://www.turningstonecarcare.com/clean-ride-club. There you can provide or change your email address, cell phone number, Payment Method, change your plan or cancel your CRC membership.

3.3 Communication Preferences. We will send you information relating to your CRC membership account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to the email address you provided or via text messages to the cell telephone number you provided. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.

3.4 Compliance with Law. You and anyone for whom you purchase a CRC membership plan agree to use the CRC membership account and CRC membership plan(s) in accordance with all applicable laws, rules and regulations. We may cancel your CRC membership account and CRC membership plan(s) if you, or anyone registered with your CRC membership account, violate these Terms or are engaged in illegal or fraudulent use of the CRC membership account or CRC membership plan(s).

3.5 Termination by Us. To the maximum extent permitted by applicable law, we may, for any reason and in our sole discretion, refuse, suspend, deactivate, or terminate your CRC membership account, any purchased CRC membership plans, and use of the services, without notice or liability. If we refuse, suspend, deactivate, or terminate your CRC membership account, you may not register another CRC membership account or purchase another CRC membership plan without our prior written permission. We may, at our discretion, suspend, deactivate or terminate your CRC membership account and CRC membership plans to protect you or us from identity theft or other fraudulent activity. Except as required by applicable law, we are not obligated to credit or discount your account for any such refusals, suspensions, deactivations, or terminations.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

4.1 THE CRC MEMBERSHIP PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL CRC MEMBERSHIP PLANS OR SERVICES WILL BE AVAILABLE AT ALL MAPLE LEAF MARKET OR CARCARE LOCATIONS.

4.2 WE DO NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING, THE GENERALITY OF SECTION 4.3 BELOW, WE SPECIFICALLY DISCLAIM LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:

Bug shields

Non-operating power antennas

Loose molding, racks, etc.

Non factory installed accessories

After-market wheels

Other pre-existing conditions

All unsecured personal items

Driver negligence

Electronic running boards left down

Windshields

Automatic windshield wipers left on

4.3 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE ONEIDA INDIAN NATION, ONE OR ITS INSTRUMENTALITIES, AFFILIATES OR SUBSIDIARIES OR ANY OF ITS/THEIR RESPECTIVE REPRESENTATIVE(S), MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR LICENSORS (COLLECTIVELY, THE “ONEIDA NATION PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE CAUSE OF ACTION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR ANY CRC MEMBERSHIP PLANS OR ACCOUNTS, EVEN IF AN ONEIDA NATION PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS UNENFORCEABLE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL ONEIDA NATION PARTIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY CRC MEMBERSHIP PLANS OR ACCOUNTS, UNDER ANY LEGAL THEORY, EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CRC MEMBERSHIP AND ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS.

4.4 Indemnification. You agree to indemnify, hold harmless, and at our request, defend us, our affiliates and our and our affiliates’ respective representative(s), members, officers, directors, employees, agents, contractors and licensors from and against any and all claims, actions and demands, and associated losses, damages and other liabilities, costs and expenses (including reasonable attorneys’ fees, court costs and amounts paid in settlement) arising out of, or related to your breach of these Terms, your use of the services or your CRC membership or account.

MISCELLANEOUS

6.1 Feedback. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the CRC. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to

6.3 Customer Support. To find more information about CRC and its features, or if you need assistance with your CRC membership account, go online https://www.mapleleafmarkets.com/clean-ride-club or https://www.turningstonecarcare.com/clean-ride-club or visit any participating Maple Leaf Market or CarCare location.

6.4 Changes to Terms. We may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing CRC members, such revisions shall, unless otherwise stated, be effective the next billing cycle 30 days after being posted at https://www.mapleleafmarkets.com/clean-ride-club and https://www.turningstonecarcare.com/clean-ride-club.

6.5 Miscellaneous. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such attempted or purported assignment or delegation without our prior written consent is void. These Terms do not confer any rights, remedies, or benefits upon any person other than you and us, except as otherwise stated herein. These Terms, and any other supplemental terms and conditions referenced herein (including without limitation the Privacy Policy), are the entire agreement between you and us with respect to the CRC. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of our successors and assigns. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or jurisdiction) will continue in effect beyond any termination of these Terms or of your CRC membership. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.