The App is intended for use by motorists who are legally entitled to operate a motor vehicle. Use of the App is void where prohibited by applicable law and the right to access the App is revoked in such jurisdictions. Do not use the App when operating a moving motor vehicle under any circumstances.

To purchase a subscription car washes at participating Chevron-branded stations through the App, you must sign up and create an active account in the App (“User Account”) by providing us the required information, including your first and last name, email address, and a password. You must also activate the GPS locator within the App. You agree to the following by creating a User Account:

• You are over the age of 18 (or over the applicable “age of majority” in the state in which you currently reside) and reside in the United States;
• You do not have any other User Account and you will only create one User Account;
• You will provide accurate, truthful, current and complete information;
• You will maintain and promptly update your User Account information;
• You will maintain the security of your User Account and protect its confidentiality, including your name, password, and other login credentials;
• You will take responsibility for all the information contained in your User Account;
• You will not share your User Account with anyone else;
• You will accept all risks of unauthorized access or use of your User Account; and
• You will notify us immediately of any unauthorized access or use of your User Account.

You will have the option to purchase the following subscriptions:

IMPORTANT: You must use this App to use your subscription for car wash purchases in the App. Excludes all other car wash purchases, including any added with fuel purchases at the dispenser or through any other mobile app or individual in-store purchase.

After you have downloaded the App and created a User Account and loaded a Payment Method:

• Purchase a subscription and scan the QR Code at the pay station to start a wash at a participating Chevron or Texaco-branded station. Standard text message and/or data fees will apply.
• You will receive transaction email/receipts and/or messages as well as information about the App and the Car Wash program (including periodic updates) via the email address you provided. You may also receive promotional announcements and other marketing messages and information from us from time to time. You may opt out of receiving these marketing emails at any time by following the opt-out mechanism in any marketing email you receive. If you opt out, you authorize us to send you an email confirming your opt-out. Please note that opting out of the email marketing distribution list will not affect the ability to send you transactional email messages about your User Account, or subscription transactions.

We reserve the right to cancel, amend or change subscriptions and related pricing from time to time as it deems necessary. Any such changes to your subscription and/or billing fees will take effect following notice to you.

You are prohibited from violating, or attempting to violate, the security of the App. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the App include without limitation:

• logging into or attempting to log into a server or User Account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system or network;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; and
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt, or otherwise impair or interfere with a computer's functionality or the operation of the App.

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Chevron or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

To the fullest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Chevron, Mosaic, and any program or app vendors or service providers and their respective directors, officers, employees, agents and contractors (collectively, “Indemnified Parties”) be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the services provided by the App and/or the Car Wash program and offers, even if the Indemnified Parties and their authorized representatives have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to us, if any, for using the App and the Car Wash program and offers.

You agree to indemnify, defend and hold Chevron, Mosaic, and any program or App vendors or service providers and their respective directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorney's fees) or other expenses that arise directly or indirectly out of or from your (i) breach of these Terms of Use; (ii) violation of any applicable laws, rules, or regulations; (iii) violation of the rights of another; and/or (iv) activities in connection with the App or Car Wash program, including any unauthorized access or use of your User Account. We reserve the right to control the defense of any claim for which we are entitled to indemnification. In such event, you agree to provide us with such cooperation as we may reasonably request.

EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS SECTION OR FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE, INCLUDING THE SCOPE, ENFORCEABILITY, VALIDITY OR APPLICATION OF THIS ARBITRATION PROVISION, THE RELATIONSHIPS RESULTING FROM THESE TERMS OF USE, THE BREACH OF THESE TERMS OF USE, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, 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 WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS 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, as amended by these Terms of Use. The Consumer Arbitration Rules are available online. If the AAA is unable or declines to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. 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, or as otherwise required by the AAA. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator's decision will follow 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. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for you.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail. Mosaic’s address for notice is: [12 James St N, Hamilton, ON L8R 2J9, Canada]. The notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which event you will be responsible for filing fees.

If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the dispute is finally resolved through arbitration in your favor, we will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by us in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA rules.

Notwithstanding anything to the contrary in this Section, to the extent the claim arises from: (a) a violation of either party's intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of applicable computer fraud law; and/or (c) any claim for equitable relief; then you and we agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in California, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such court's jurisdiction in lieu of arbitration.

The App, including the Car Wash program, may contain various third-party software components and services. By using the App, you agree and consent to our use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the App, you (i) expressly relieve Chevron and Mosaic from any and all liability arising from your use of any third-party components or services embedded in the App, and (ii) agree that, with respect to the third-party components and services, Chevron and Mosaic are not responsible for the manner in which your data is processed.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire Terms of Use between the parties relating to the subject matter herein and shall not be modified except in writing.

We may transfer our rights under these Terms of Use to any of our affiliates or to any third party, and such transfer will not affect your rights or obligations under these Terms of Use.

We may revise these Terms of Use at any time without notice. It is your responsibility to regularly check for changes to these Terms of Use because they will be binding on you. Any new or updated feature, content of App or the Car Wash program that will be made available through the App will be subject to these Terms of Use. Your use of the App after such changes constitutes your agreement to such changes.

Any information or data you submit through or via the App, including the Car Wash program, shall be subject to Mosaic’s Privacy Statement which is hereby incorporated by reference.