Surf Thru Express Car Wash – Monthly Membership Plan

Terms and Conditions

IMPORTANT NOTICE — ARBITRATION AND CLASS ACTION WAIVER:
THESE TERMS CONTAIN A LEGALLY BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 7, WHICH REQUIRE YOU TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND LIMIT YOUR ABILITY TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. PLEASE READ SECTION 7 CAREFULLY.

1.     Generally.

1.1.      Definitions.  1.1 Definitions. As used below, the words “you” and “your” mean the subscriber; the words “Surf-Thru,” “we,” “us” and “our” mean SURF THRU, INC., a California corporation, its affiliates, subsidiaries, successors and assigns; the word “device” means the personal computer, tablet, smartphone or other electronic device you are using to view this page; and “Payment Method” means the credit card, debit card, bank account or other payment information you provide to us from time to time in connection with a subscription. Please print or save to your device a copy of this page.

1.2.      Generally.  These terms and conditions (“Terms”) govern your subscription to a monthly car wash membership plan (the “Plan”) offered by Surf Thru that allows subscribers to obtain a specified level of monthly car washes at participating Surf Thru locations (the “Services”). YOU SHOULD CAREFULLY READ THESE TERMS BEFORE PURCHASING ANY PLAN OR USING THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A WAIVER OF THE RIGHT TO A JURY TRIAL, AND A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT.

1.3.      Plan Description.  Each Plan is unique to one (1) vehicle only and provides for up to thirty-six (36) car washes only on a monthly basis so long as the Plan remains active and in good-standing.  Surf-Thru offers one or more of the following Plan types depending on location: generally, Graphene Extreme, Graphene Extreme w/o Tire Shine, Ultimate, Ultimate w/o Tire Shine, Epic, and Express.  Each Plan type provides for a different level of Services and is charged at a corresponding recurring monthly fee (the “Membership Fee”). The Membership Fee for each vehicle is based on the selected Plan type. Membership usage is subject to reasonable limits intended to prevent excessive use and protect environmental resources. Surf Thru Express reserves the right to refuse service to any customer at its discretion. These Terms govern your purchase of, enrollment in, and use of the membership Plan and the Services provided.

1.4      NON-COMMERCIAL VEHICLES ONLY. COMMERCIAL VEHICLES, INCLUDING RIDE-SHARING VEHICLES, BUSSES, TAXIS, AND LIMOUSINES, ARE NOT ELIGIBLE FOR ANY PLAN. SURF-THRU EXPRESSLY RESERVES THE RIGHT TO CANCEL ANY PLAN FOR ANY VIOLATIONS OF THIS PROVISION WITHOUT FURTHER NOTICE IN SURF-THRU’S SOLE AND ABSOLUTE DISCRETION.  PLEASE CONTACT MARKETING@SURFTHRUEXPRESS.COM REGARDING FLEET AND BUSINESS ACCOUNTS

2. Privacy Notice. When you create a visit the Surf-Thru website (www.surfthruexpress.com, the “Website”) and/or purchase a Plan, we need to collect identifying information about you and your vehicle, which is subject to Surf-Thru’s “Privacy Policy” set forth at https://surfthruexpress.com/privacy-policy/(the “Privacy Policy”), which is incorporated herein by reference as if fully set forth at length.  Please review the Privacy Policy to understand our practices.  Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
3.     Purchase of Plans and Acceptance of Terms; Pricing & Taxes; Payment Method; Auto-Renewal; Cancellation and Re-Activation.

3.1.      Purchase of Plan and Acceptance of Terms.  To purchase a Plan, visit any Surf-Thru location or visit the Website.  If a Plan is purchased at a Surf-Thru location, you will be asked to sign an acknowledgement that references these Terms, a full and complete copy of which will be maintained on the Website.  By signing such acknowledgement and utilizing the Services, you: (i) agree that you have read and understand these Terms and agree to be bound by such Terms; and, (ii) represent and warrant that you have the right, power and authority to accept these Terms.  If a Plan purchased on the Website, by providing your Payment Method information and checking the “agree to terms” or similar box, you: (i) agree that you have read and understand these Terms and agree to be bound by such Terms; and, (ii) represent and warrant that you have the right, power and authority to accept these Terms.  Your Plan is active at the time of purchase, whether in person or through the Website.  The person purchasing a Plan must have the authority to charge the Payment Method associated with such Plan and have access and control over the vehicle associated with the Plan; that person also is responsible for any activity that results in charges or debits to the Payment Method for that membership plan and for updating and maintaining the accuracy of the information associated with the Plan. You must be 18 years of age to purchase a Plan. Individuals under the age of 18 must use the Plan of their parent or legal guardian.  By providing Surf-Thru a Payment Method (as defined below), and either accepting these Terms as set forth above or otherwise utilizing the Services, you agree that you have read and understand these Terms If you do not agree with these Terms, you should cancel your Plan as outlined in Section 3.5 “Cancelation and Reactivation”, and do not use the Services.

3.2.      Pricing and Taxes.  Membership Fees for each Plan are based on the location where purchased.  A Plan purchased through the Website will be priced according to the city and state entered at the time of purchase.  Your Plan may be subject to taxes, which will be calculated at the rate applicable to the Surf-Thru location either where the plan was purchased, where the temporary barcode redeemed, or where it is consistently being used.  Any applicable taxes will be automatically charged to or debited from your Payment Method on a monthly basis.

3.3.      Payment Processing.  To purchase a Plan, you must provide a Payment Method.  You authorize us to charge or debit the current Payment Method for your Plan, which will be automatically charged or debited on a monthly basis. If a payment is not successfully settled due to your Payment Method’s expiration, insufficient funds, or otherwise, and you do not cancel your Plan, we may suspend your access to the Services until we have successfully charged or debited 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. By providing a Payment Method, you hereby allow Surf-Thru to store (or cause a third party to store on behalf of Surf-Thru) all information associated with such Payment Method.  When you purchase a Plan, your credit or debit card is transmitted directly to a third-party payment processor in accordance with applicable payment card industry data security standards.  If your Plan is suspended due to issues with your Payment Method, you may receive a communication (either via email or text) from Surf-Thru notifying you of the same.  For additional information, see the Privacy Policy.  To update your Payment Method, visit the Website, visit any Surf-Thru location, or call (559) 392-5708. We may also update information on your Payment Method using information provided by the payment processors, 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 Plan associated with that Payment Method.

3.4.      Auto-Renewal.  The Membership Fee for the Plan you purchase, and any other charges you may incur in connection with your Plan, such as taxes and possible transaction fees, will be charged or debited monthly to your Payment Method on the day of month on which you signed up for the Plan.  Membership 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 membership plan was purchased on a day not contained in a given month, e.g., the 31st. The charges or debits will appear on your Payment Method statement as from Surf-Thru together with the respective store number where your Plan was either purchased or temporary barcode redeemed and your membership plan number.  Paid Membership Fees are nonrefundable and there are no refunds or credits for partially used membership plan periods. Any refund, discount, or other consideration to some or all Surf-Thru customers are at Surf-Thrus sole and absolute discretion, in accordance with applicable law.

3.5.      Cancelation and Reactivation.  YOU MUST CANCEL A 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 canceled Plan will continue to have access to the Services through the end of its current billing period.  To cancel, visit the Website or call (559) 392-5708.  To cancel over the phone, you may be asked to provide identifying information, including, but not limited to, your last name, last four digits of your Payment Method, or phone number.  A cancelled Plan may be reactivated by visiting the Website, visiting any Surf-Thru location, or calling (559) 392-5708.

3.6.      Discounted Introductory Period.  If a discounted introductory or promotional offer period is available under the Plan, then it will be specified at the time of purchase. The introductory or promotional offer period is intended to allow new and certain former members to try the Services. As a result, the availability, duration, and any other terms for the introductory or promotional offer period may vary as determined by Surf-Thru at its sole discretion. At the expiration of any discounted introductory or promotional offer period, we will charge the then-current regular price for your chosen Plan on your next billing cycle to your Payment Method and your membership will automatically renew at such then-current regular price unless you cancel your membership prior to the end of the discounted introductory or promotional offer period, as set forth below. In the event that we determine that you are not eligible for the introductory or promotional discount, we reserve the right to revoke your discounted introductory or period and charge you the then-current regular price for the Plan you selected and/or put your Plan on hold or inactive status.

4. Use of Services; Communications.

4.1.      Services. Surf-Thru reserves the right to change the Plan types, the Services associated with each Plan, and/or the Membership Fees in any manner and at any time as determined in Surf-Thru’s sole and absolute discretion, provided, however, that any material changes to membership plans or any increase to Membership Fees will take effect fifteen (15) days after being posted at the impacted Surf-Thru locations, on the Website, or otherwise communicated to you. The Services offered at each Surf-Thru 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 Plan allows Services for the vehicle identified with the purchased Plan at any Surf-Thru location that provides such Plan.

4.2.      RFID Sticker.  If a Plan is purchased at a Surf-Thru location, a radio frequency identification (“RFID”) sticker will be attached to your vehicle’s front windshield by Surf-Thru. If purchased on the Website, visit a Surf-Thru location to obtain a RFID Sticker to be attached to your vehicle’s front windshield.  The RFID sticker must be affixed to the vehicle’s front windshield each time Services are obtained.  You agree not to tamper with, copy, or share a vehicle’s RFID sticker. The RFID sticker remains the property of Surf-Thru.

4.3.      Single Vehicle, Personal Use Only.  Each purchased Plan is for a single, personal, non-commercial vehicle only. Resale or transfer of your Plan or the RFID sticker to another vehicle or person is expressly prohibited.

4.4.      Vehicle Sold or Stolen.  If a vehicle identified with a Plan is sold, your Payment Method will continue to be charged until you deactivate that RFID sticker or transfer the Plan to another vehicle by visiting any Surf-Thru location and having a new RFID sticker affixed to the new vehicle. Please remove the RFID sticker from the old vehicle before selling to avoid any confusion.  If a vehicle identified with a Plan is lost or stolen, you must promptly deactivate the vehicle’s Plan; if you fail to do so, others may access the Services through your Plan and may be able to access certain membership plan information, and your Payment Method will continue to be charged or debited. To deactivate, visit the Website, visit any Surf-Thru location, or call (559) 392-5708.

4.5.      Communication Preferences.  We may send you information relating to your Plan (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form, for example, via emails to the email address you provided or via text messages to the mobile 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.  You must maintain both a valid email address and mobile telephone number associated with your Plan so that we may contact you. See the Privacy Policy.

4.6.      Text Messages.  We may send by automated means transactional communication texts related to your Plan purchases. Your mobile carrier’s standard message rates and other charges will apply to any text communication you send or receive.  All charges for such text communications are billed by and payable to your mobile carrier.  Surf-Thru will not be liable for any delays in the receipt of any text communications.  Delivery is subject to effective transmission from your mobile carrier.  Maximum number of text communications per month will vary based on your transactions.  To opt out of transactional communication texts, text STOP to 22322 or to the number originating the communication, email custservice@surfthruexpress.com or call (559) 392-5708  Consent to receive such messages is not a condition of making any purchase. For more information on text messages and data obtained from you via text message, see the Privacy Policy.

5. Compliance with Law; Termination by Surf-Thru. You and anyone for whom you purchase a Plan agree to use the Plan in accordance with all applicable laws, rules, and regulations.  Surf-Thru may cancel your Plan if you, or anyone associated with your Plan, violates applicable law, rules, or regulations, or these Terms.  To the maximum extent permitted by applicable law, Surf-Thru may, for any reason and in its sole discretion, refuse, suspend, deactivate, or terminate Plan, and use of the Services, without notice or liability. If we refuse, suspend, deactivate, or terminate your Plan, you may not purchase another Plan without our prior written permission.  Surf-Thru may, in its discretion, suspend, deactivate, or terminate your Plan to protect you or Surf-Thru from identity theft or other fraudulent activity.  Except as required by applicable law, Surf-Thru is not obligated to credit or discount your Plan for any such refusals, suspensions, deactivations, or terminations.
6. Disclaimers of Warranties; Limitations on Liability; Indemnification.

6.1.      No Warranty.  THE PLAN AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). SURF-THRU EXREPSSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  SURF-THRU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.

6.2.      Damage Disclaimer.  SURF-THRU DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S).  WITHOUT LIMITING THE GENERALITY OF SECTION 6.3 BELOW, SURF-THRU SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:

• Pre-existing damage and loose parts
• Negligence (driving, steering, braking, etc.)
• Electric running boards in lowered position
• Aftermarket and non-factory parts
• Antennas (please remove or retract)
• Unsecured personal items
• Racks (roof and rear)
• Windshields

6.3.      Limitation of Liability.  TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL  SURF-THRU OR ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“SURF-THRU PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANYONE FOR WHOM YOU PURCHASE A PLAN FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SURF-THRU PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE SURF-THRU PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE PLAN 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.

6.4.      Indemnification.  You agree to indemnify, defend, and hold harmless the Surf-Thru Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your misuse of the Plan or the Services, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

7. Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action.

7.1.      Applicability of Arbitration Agreement.  Any dispute, claim, or controversy of any nature arising out of or relating in any way to any Plan, the Services, these Terms, or the Arbitration Agreement (as defined below), including without limitation the interpretation, validity, scope, or applicability of these Terms or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Surf-Thru, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION. Neither the agreement to arbitrate nor the waiver of the right to participate in a class action or other proceeding involving multiple claimants shall be construed as a limitation on or waiver of a party’s right to seek public injunctive relief, where warranted, in such arbitration.

7.2.      Disputes Excluded from Arbitration.  Disputes where the amount in controversy is less than any applicable jurisdictional and monetary limit and filed by you or Surf-Thru in a small claims court are not subject to arbitration, so long as the disputes remain in such small claims court and advance only an individual (non-class, non-representative) claim for relief. In the event of any actual, alleged, or threatened violation of confidentiality or violation of either party’s intellectual property or other proprietary rights, either you or Surf-Thru may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting of a bond, proof of damages, or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

7.3.      Confidential Proceedings.  The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including, but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as expressly agreed in writing by all parties or as otherwise may be required by law.

7.4.      Arbitrator.  The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under the AAA’s then-current Consumer Arbitration Rules and Mediation Procedures before a single arbitrator selected pursuant to the AAA Rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Except as otherwise provided in Section 7.9, the parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs.

7.5.      Place and Governing Law.  The place of arbitration shall be in Fresno, California, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time (the “FAA”), shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of California shall apply without regard to conflict-of-laws provisions.

7.6.      Survival; Severability.  This Arbitration Agreement provision will survive the termination of these Terms.  Except as set forth in Section 7.8 (“Class Action Waiver”) below, if any portion of this Arbitration Agreement is deemed invalid or unenforceable through a final judicial determination, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms, provisions, covenants, and restrictions of this Arbitration Agreement will remain in full force and effect. Otherwise, no portion of this Arbitration Agreement may be amended, severed, or waived absent a written agreement between you and Surf-Thru.

7.7.      Time Limitation on Claims.  The parties agree that they must initiate arbitration within one (1) year after the party discovered or should have discovered the Dispute, unless applicable state or federal law expressly does not permit for the parties to shorten the length of a limitations or repose period or enforcement of this provision contradicts an applicable fundamental public policy; otherwise, the parties agree that the Dispute is permanently barred.

7.8.      Class Action Waiver.  YOU AND SURF-THRU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Surf-Thru agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

7.9.      Initiating Arbitration.  If you intend to seek arbitration you must first send a written notice (“Notice”), by certified mail, to Surf-Thru at 11837 Bolthouse Dr. Ste 400, Bakersfield, California 93311. If Surf-Thru intends to seek arbitration, Surf-Thru will send a Notice to the email address, current billing address, or mobile telephone number associated with your Plan

7.10.    30-Day Right to Opt-Out.  You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to custservice@surfthruexpress.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) your acceptance of these Terms; or (b) the first date that you used the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Surf-Thru also will not be bound by them.

7.11.    Survival.  This Section 7 shall survive any cancellation or termination of your Plan.

8. Miscellaneous.

8.1.      Governing Law, Forum Selection, and Jury Waiver. Except as set forth in the Arbitration Agreement section above, all matters relating to these Terms and/or the Plan shall be governed by and construed in accordance with the applicable laws of the United States of America and the laws of the State of California without regard to choice-of-law principles or conflict-of-laws provisions.  These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.  Unless you and Surf-Thru agree otherwise, if it is determined or these Terms provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court) shall be resolved in the Fresno County Superior Court, and you submit to the personal jurisdiction of that court.  As to any proceeding in court, you and Surf-Thru both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

8.2.      Feedback.  Surf-Thru is 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 the Website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

8.3.      Changes to Terms.  Surf-Thru may, from time to time, change these Terms.  Such revisions extend only to claims arising after the change date, apply equally to any claims that either party may have against the other, and shall be effective immediately; provided, however, for existing customers, such revisions shall, unless otherwise stated, be effective no sooner than the 31st day following the date such change is posted on the Website.

8.4.      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 Surf-Thru, except that our affiliates are third-party beneficiaries of these Terms. These Terms, including the Privacy Policy, are the entire agreement between you and Surf-Thru with respect to your Plan. Surf-Thru’s 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 Surf-Thru. 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 the successors and assigns of Surf-Thru. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your Plan. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.