Last Updated and Effective Date: October 27, 2026
SECTION 15 OF THE TERMS OF SERVICE GOVERNS THE RESOLUTION OF DISPUTES OR CLAIMS BETWEEN YOU AND US. SECTION 15 REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY APPLY TO ALL USERS OF SOAPY JOE’S WEBSITE, APP, AND PRODUCTS AND SERVICES, REGARDLESS OF WHETHER YOU CREATE AN ONLINE ACCOUNT AND/OR MEMBERSHIP WITH US.
YOUR USE OF AND ACCESS TO THE SERVICES ARE EXPRESSLY SUBJECT TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU SHOULD NOT AND MAY NOT USE OR ACCESS THE SERVICES.
The following Soapy Joe’s Terms of Service is a legal agreement (the “Terms”) between you (“you”, “your”, or “user”) and Soapy Joe’s, Inc., together with its current and future affiliates, doing business as Soapy Joe’s Car Wash, the MySoapyJoe’s mobile app, and other affiliated entities, brands and services (collectively, “Soapy Joe’s,” “our,” “us,” or “we”) that sets forth the terms and conditions governing your use of and access to the website located at soapyjoescarwash.com and the products and services owned, operated, and/or made available by Soapy Joe’s, including, but not limited to, Soapy Joe’s mobile application (collectively, the “Services”). The Terms include and incorporate by reference our Privacy Policy and our LPR Privacy Notice.
Our Services are offered and available to users who are 16 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us. By using the Services and accepting these Terms, you also acknowledge and agree that you are accepting the Terms on behalf of yourself and all drivers associated with the vehicle covered under the membership. It is your responsibility to ensure that all such drivers are informed of and comply with these Terms.
Please carefully review the Terms before using the Services or accessing any data thereon. These Terms represent a binding legal agreement between you and Soapy Joe’s, and contain the conditions governing your use of and access to the Services. If you do not agree to the Terms, you should not and may not access or use the Services.
By signing up for a Soapy Joe’s account (including a membership) and using the Services, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations.
Please print a copy of the Terms for your records.
We reserve the right to modify the Terms at any time and will notify you of any changes by posting the revised Terms on the website located at soapyjoescarwash.com and in the mobile application and, where required by law, by providing you notice by email, in-app notification, text message, or other reasonable means. You should check the Terms periodically for changes. All changes shall be effective upon posting. Each revision of the Terms will indicate their effective date at the top.
YOUR CONTINUED USE OF OR PAYMENT FOR THE SERVICES AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THE TERMS CONFIRMS YOUR AGREEMENT TO BE BOUND BY ANY MODIFICATIONS. In addition, even if you do not otherwise use or pay for the Services, failing to close your account within 14 days after your first notice of the modification means you agree to be bound by the modification.
Soapy Joe’s, in our sole discretion, may terminate, suspend, or modify these Terms without notice or liability.
Your privacy is important to us. We value and respect the privacy of the personal information we collect in connection with your use of the Services. For details on our collection, use, and disclosure of your personal information, please review our Privacy Policy and LPR Privacy Notice, which are incorporated by reference and included in the Terms as stated above. We may update our Privacy Policy from time to time. Any updates will become effective upon posting the revised Privacy Policy. Your continued use of the Services following the posting of an updated Privacy Policy constitutes your acknowledgment of those updates. Nothing in these Terms limits or replaces any additional notices, disclosures, or consents that may be provided or obtained in connection with the collection, use, or disclosure of personal information.
Soapy Joe’s requires users of the Services to provide us with certain identifying and contact information. Soapy Joe’s also allows users of the Services to create an account to facilitate their use of the Services (a “Soapy Joe’s User Account”).
When you provide us with identifying and contact information to use the Services, and if you create a Soapy Joe’s User Account in conjunction with your use of the Services, you agree to provide truthful, accurate, current and complete information, including, but not limited to, your full name, email address, mobile phone number, and license plate number (“Account Information”). You further represent that you are authorized to provide us with, and are the legal owner of, all Account Information and other information necessary to facilitate your use of the Services. For further information regarding our use and collection of Account Information, please see the Privacy Policy and LPR Privacy Notice.
You agree to update Soapy Joe’s as soon as possible if any of your Account Information changes. To update your Account Information, you may go to the “Manage Membership” section of our website or mobile application and update your Account Information accordingly. Soapy Joe’s will not be held for any errors or fees that may occur as a result of inaccurate and/or outdated Account Information.
Should you believe or have reason to believe that any of your Account Information and/or account login information has been compromised, or that another person is accessing your Soapy Joe’s User Account through some other means, you agree to notify us as soon as possible at [email protected].
Other than as set forth in these Terms, advertised prices and Services may change at any time without notice to you. Some Services may not be available in certain areas. You understand that circumstances may affect the availability of the Services, including equipment failure or inclement weather. The data contained on the website, in the mobile application, or at our locations may contain technical inaccuracies or typographical errors or omissions. All purchases placed through the website or the mobile application are subject to these Terms.
Soapy Joe’s membership does not apply to fleet vehicles (i.e. taxis, limousines, rental cars, etc.). Your Soapy Joe’s RFID tag must stay affixed to your vehicle’s windshield. Your membership is valid for one (1) vehicle only. You may switch or update the vehicle on file to any other vehicle once within a six-month period.
We will not be liable if for any reason all or any part of the website or the mobile application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website or the entire website, or some parts of the mobile application or the entire mobile application, to users, including registered users.
Soapy Joe’s offers its members various levels of memberships. These memberships are ongoing for our members’ convenience, and can be paid for on a recurring monthly or annual basis.
When you sign up for and purchase a Soapy Joe’s membership, you acknowledge and agree that your Soapy Joe’s membership will continue until you cancel, which you can do at any time by going to www.soapyjoescarwash.com, clicking “Manage Membership,” and logging into your account, or visiting a Soapy Joe’s. We process cancellation requests promptly and they are effective at the end of your current billing period. Your card on file will be charged monthly or annually, based on your selection, which amount is subject to change.
We will send you an acknowledgment of your transaction when you sign up for a membership. We will also send you annual reminders, and notices of fee increases and material changes to your membership, pursuant to California law.
If you enroll in a Soapy Joe’s membership, or use any of the Services for which payment to Soapy Joe’s is required, you authorize Soapy Joe’s, together with its current and future affiliates, doing business as Soapy Joe’s Car Wash, the MySoapyJoe’s mobile app, and other affiliated entities, brands and services, partners, third-party service providers, affiliates, agents, and assigns to electronically debit or charge your payment method for the applicable amounts. This includes, but is not limited to, monthly or annual membership fees. The specific amount and date of any payments to be debited from or charged to your payment method will be displayed in-app or via statements provided for the applicable product or service. As applicable, you also authorize us to electronically debit or charge and credit your payment method to correct erroneous debits and credits. You acknowledge and agree that this authorization covers both credit and debit card transactions, and that you have the same rights under the Electronic Funds Transfer Act (EFTA) (Regulation E) regardless of which method is used, to the extent the EFTA is applicable. If a payment attempt is returned or fails (for example, due to insufficient funds or a processing issue), you authorize us to make additional attempts to collect the payment from any additional authorized payment methods. If an automatic payment fails due to insufficient funds, we may initiate an electronic debit or charge in an amount less than the failed, scheduled payment amount, based on available information regarding the balance of your provided payment method. Any partial payment will be credited toward the amount owed, but a partial payment does not satisfy the full payment obligation until the total amount due is paid in full. We may use any authorized payment method for these retries, subject to applicable law.
It is your responsibility to ensure you have sufficient funds to make payments, and Soapy Joe’s will not be responsible for any insufficient funds fees or other fees you may pay as a result of an insufficient balance. If our attempt to charge you for a monthly or annual membership payment is declined, Soapy Joe’s reserves the right to try again for up to 31 days. We may make these attempts at different times of the day in accordance with applicable regulations.
You acknowledge that, as applicable, the electronic charge authorization contained in this Section represents your written authorization for debit and/or credit card transactions as provided herein and will remain in full force and effect until you notify Soapy Joe’s that you wish to revoke this authorization by emailing [email protected]. When you contact us, you must include the name and telephone number associated with your Soapy Joe’s User Account. Failure to provide correct and complete information may make it impossible for Soapy Joe’s to stop the preauthorized withdrawal.
You agree to indemnify and hold harmless Soapy Joe’s from and against any loss incurred as a result of its withdrawal of a preauthorized debit or charge transaction from your payment card if any of the information relied upon in your request to stop payment is incorrect or incomplete.
You warrant and represent to Soapy Joe’s that you have the right to authorize us to debit or charge your payment card (“Authorized Accounts”) for payments due to us under the Terms. Authorized Accounts may be any that you connect through Stripe, or otherwise designate through the Soapy Joe’s website or application at any future time.
You acknowledge that you should retain a copy of this authorization for your records.
Soapy Joe’s, in our sole discretion, may terminate, suspend, change, or restrict access to all or any part of the Services and/or your Soapy Joe’s User Account at any time for any reason. This includes, but is not limited to, circumstances where we reasonably believe that you are engaging in activities intended to exploit, manipulate, or misuse the Services in a manner designed to avoid payment for services or otherwise circumvent the intended use of the platform. We will make reasonable efforts to notify you of any such change, suspension, or termination.
If we terminate, suspend, change or restrict access to all or any part of the Services and/or your Soapy Joe’s User Account, we will not be liable to you or any third party for claims, compensation, reimbursement, or damages for any such change, suspension, or termination of the Services, your Soapy Joe’s User Account, or for any deletion of your Account Information or your data.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
With the exception of any third party materials, Soapy Joe’s is the owner of all worldwide rights, titles and interests in: (a) the Services, including, but not limited to, Soapy Joe’s website, mobile application and all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Services; and (b) trade names, trademarks, and logos of Soapy Joe’s (collectively, the “Content”). You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without Soapy Joe’s written consent. You may, however, from time to time, download and/or print a copy of individual pages of the website for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach the Terms. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.
The trademarks, service marks and logos (the “Trademarks”) used and displayed in the Services, including those on Soapy Joe’s website and in the mobile application, are registered and unregistered Trademarks of Soapy Joe’s. Other trademarks, service marks and trade names may be owned by others. Nothing on Soapy Joe’s website or in the Services, including Soapy Joe’s mobile application, should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Soapy Joe’s intellectual property displayed in the Services. The name “Soapy Joe’s” and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission from Soapy Joe’s.
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Services. In connection with your use of the Services, you shall not, and shall not assist or enable any third party, to:
In the event you partake in any prohibited activities, you acknowledge and agree that Soapy Joe’s has the right to and may, at its sole discretion, take legal action and/or use other remedies, including, but not limited to, terminating or suspending your Soapy Joe’s User Account.
Soapy Joe’s website may be accessed by websites and other technology infrastructure not maintained or controlled by Soapy Joe’s. Soapy Joe’s is not responsible for any such third-party websites or technology outside of its control.
If our website or mobile application contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Soapy Joe’s website or mobile application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or mobile applications.
YOUR USE OF THE WEBSITE AND THE MOBILE APPLICATION, THEIR CONTENT, AND ANY SERVICES IS AT YOUR OWN RISK. THE WEBSITE, MOBILE APPLICATION, THEIR CONTENT, AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOAPY JOE’S NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE MOBILE APPLICATION, OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SOAPY JOE’S NOR ANYONE ASSOCIATED WITH SOAPY JOE’S REPRESENTS OR WARRANTS THAT THE WEBSITE, MOBILE APPLICATION, THEIR CONTENT, OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR MOBILE APPLICATION OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE MOBILE APPLICATION, OR ANY SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, SOAPY JOE’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Under no circumstances will Soapy Joe’s, or any of its successors, parents, subsidiaries, affiliates, partners, third-party service providers, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the “Soapy Joe’s Parties”) be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, our website, mobile application, or the Services, including for viruses alleged to have been obtained from the website or mobile application, even if Soapy Joe’s has been advised of the possibility of such damages. In no event shall the Soapy Joe’s Parties’ 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 you have paid to Soapy Joe’s for the Service(s) out of which liability arose.
Notice of any alleged damage to your vehicle must be provided to Soapy Joe’s before the vehicle leaves the Soapy Joe’s premises. If damage occurs to your vehicle, you agree to obtain a minimum of two estimates, one of which shall be from a repair shop of our choice. Any work resulting from such a damage claim must be approved by Soapy Joe’s before any such work is started. These requirements are in addition to, and do not replace, the notice requirements regarding disputes that are set forth in Section 15 below.
The Soapy Joe’s Parties are not liable for:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you.
You agree to release, indemnify, defend and hold the Soapy Joe’s Parties harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Soapy Joe’s Parties arising out of or relating to (a) your improper use of the Services; (b) your breach or alleged breach of the Terms, the representations, warranties, and covenants you have made by agreeing to the Terms, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. Soapy Joe’s reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Soapy Joe’s. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.
PLEASE READ THIS SECTION, WHICH IS AN AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”).
Except as otherwise provided in this Section 15, you and Soapy Joe’s agree to resolve by final and binding arbitration any and all Covered Disputes (as set forth in Sections 15.1 and 15.2 below) that Soapy Joe’s may have against you or that you may have against Soapy Joe’s and/or its (i) directors, officers, members, managers, employees, or agents in their capacity as such; or (ii) successors or assigns. Each of the entities and/or individuals listed in this paragraph can enforce this Section 15.
You and Soapy Joe’s agree to arbitrate claims or disputes arising under or out of, or relating in any way to, our website, our mobile application, the Terms, your Soapy Joe’s User Account, any purchased membership, or any other Services, regardless of when the dispute arises (“Covered Dispute”). This agreement to arbitrate is intended to be interpreted as broadly as the Federal Arbitration Act (“FAA”) allows. A Covered Dispute includes disputes that were not noticed at the time you electronically accepted these Terms but that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms. Examples of Covered Disputes include but are not limited to:
“Covered Disputes” under Section 15.1 do not include criminal proceedings and/or making a report or filing a claim with any law enforcement agency, initiated by you or Soapy Joe’s. Initiating or participating in criminal proceedings and/or making a report of filing a claim with any law enforcement agency shall not be a waiver of any right to arbitrate under this Arbitration Agreement, but any action by either party for abuse of process, improper criminal proceedings, or similar action arising out of any law enforcement/criminal proceedings/claim with any law enforcement agency is covered by this Arbitration Agreement and must be arbitrated. In addition, Covered Disputes do not include disputes that applicable federal statutes exempt from arbitration, overriding the FAA.
Covered Disputes also do not include requests under California law by California residents for an injunction on behalf of the general public, which may only be maintained in a court of competent jurisdiction; however, that court proceeding shall be stayed until the completion of arbitration in accordance with this Arbitration Agreement of all other remedies sought under California law (such as damages and private injunctive relief).
Also excluded from this Arbitration Agreement are claims where the amount in controversy is less than any applicable jurisdictional and monetary limit that are filed by you or Soapy Joe’s individually in a small claims court, so long as the disputes remain in such small claims court and advance only an individual (non-class, non-representative) claim for relief. The defendant or counterclaim defendant in such a small claims court action may not elect to have the claim resolved by binding arbitration. If your jurisdiction permits small claims court judgments to be appealed to a court of general jurisdiction for a trial de novo, we agree that any such appeal shall be resolved in arbitration in accordance with this Arbitration Agreement instead of in that court of general jurisdiction.
Notwithstanding Section 15.1 above, in the event of any actual, alleged, or threatened violation of confidentiality or violation of Soapy Joe’s or its licensor’s intellectual property or other proprietary rights, Soapy Joe’s 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 Covered Dispute to arbitration under this Arbitration Agreement.
You and Soapy Joe’s agree that arbitration shall be conducted on an individual basis only. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class, mass, or representative action or for the arbitrator to award monetary, declaratory, or injunctive relief on behalf of absent parties (“Class Action Waiver”). Nor shall the arbitrator have any authority to hear or preside over any such dispute. Additionally, except as specified in Section 15.12, claims may not be joined or consolidated in arbitration with disputes brought by other customers, unless agreed to in writing by all parties. You also agree you are not entitled to notice of any class, mass, or representative action involving claims filed by others, including without limitation notice by any plaintiffs’ counsel, court, or arbitrator. Nor may you opt-in or consent to join any class, mass, or representative action involving a Covered Dispute. If (after exhaustion of all appeals) a final judicial determination is made that the Class Action Waiver is unenforceable as to any particular issue, cause of action, or request for relief and that a class, mass, or representative action may proceed as to that specific issue, cause of action, or request for relief, the arbitrator is nevertheless without authority to preside over a class, mass, or representative action. That action instead must be brought in a court of competent jurisdiction—not in arbitration. That court action may proceed only after the completion of arbitration in accordance with this Arbitration Agreement as to all issues, causes of action, or requests for relief as to which this Section 15.3 is enforceable. Section 15.3 does not prevent you or Soapy Joe’s from participating in a class-wide or mass settlement of claims.
Regardless of anything else in the Terms or the arbitration provider’s rules or procedures, any disputes relating to the interpretation, applicability, scope, waiver, and enforceability of this Section 15.3, including but not limited to any claim that all or part of this Class Action Waiver is void or voidable, may be determined only by a court—not by an arbitrator.
You and Soapy Joe’s agree that before commencing arbitration, the party asserting a Covered Dispute must send a written Notice of Dispute (“Notice”) to the other. A Notice to Soapy Joe’s must be sent to: [email protected] or 11465 Woodside Avenue, Santee, CA 92071. A Notice to you will be sent to you at the last known email or mailing address you provided to us. A Notice must (i) provide your name, mailing and email addresses, phone number, and account number (if any); (ii) describe the nature and factual and legal basis of the dispute; (iii) set forth the specific relief sought; and (iv) be signed by the party seeking arbitration (i.e., either you personally or a Soapy Joe’s representative). To safeguard your personal information, if you have retained an attorney to submit your Notice, you must also provide your written authorization, signed personally by you, allowing Soapy Joe’s to discuss the dispute and your account and to share your account records with your attorney. Soapy Joe’s may also ask you (or your attorney, if your Notice is submitted by an attorney) to verify your identity and the fact that you authorized submission of the Notice or disclosure of account information to your attorney. You agree to cooperate with any reasonable request for verification.
In the event of any alleged damage to your vehicle, as stated above in Section 13 (Limitation of Liability), notice must be provided to Soapy Joe’s before the vehicle leaves the Soapy Joe’s premises. If damage occurs to your vehicle, you agree to obtain a minimum of two estimates, one of which shall be from a repair shop of our choice. Any work resulting from such a damage claim must be approved by Soapy Joe’s before any such work is started. These requirements are in addition to, and do not replace, the other notice requirements regarding disputes that are set forth in this Section 15.
After receipt of a Notice containing all of the information required by Section 15.4, you and Soapy Joe’s agree that no one will initiate arbitration for a 45-day period (“Informal Resolution Period”). During the Informal Resolution Period, the parties may attempt to resolve the dispute. The parties may also mutually agree to extend the Informal Resolution Period. During the Informal Resolution Period, either party may request an informal meeting to discuss how to settle the dispute (“Informal Settlement Conference”). If timely requested by either party, the Informal Settlement Conference must take place at a mutually agreeable time by telephone or videoconference (which can be after the 45 days), unless the request for the Informal Settlement Conference is withdrawn in writing. You and a Soapy Joe’s representative must both personally participate; any counsel representing you or Soapy Joe’s also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and an authorized representative of Soapy Joe’s agree in writing. To protect your privacy, other customers cannot participate in your Informal Settlement Conference unless you and we agree in writing. The Informal Resolution Period and Informal Settlement Conference are to allow the parties a meaningful opportunity to resolve the dispute without the expense of arbitration. Arbitration cannot be commenced until the end of the Informal Resolution Period or, if an Informal Settlement Conference was timely requested, after the Informal Settlement Conference is completed or the request for one is withdrawn.
A court will have authority to enforce this Section 15.5, including the power to enjoin the filing or prosecution of arbitrations where the filing party did not both provide a fully complete Notice and participate in a timely requested Informal Settlement Conference. The court also may decide disputes over compliance with those requirements. During any such court challenge, the arbitration will be automatically stayed. Unless otherwise prohibited by applicable law, even absent a court order as contemplated above, an arbitrator and/or any arbitration sponsoring organization (including JAMS) is without authority to accept or administer any arbitration demand, or assess or demand fees for the arbitration, unless and until the Informal Resolution Period has ended and the claimant has fully complied with the requirements of Sections 15.4 and 15.5.
After the Informal Resolution Period has ended (and any timely requested Informal Settlement Conference has taken place), either party may commence arbitration by filing a Demand for Arbitration with JAMS. The initiating party must send a copy of the Demand for Arbitration to the other party. Demands for Arbitration by you should be sent to: Soapy Joe’s, 11465 Woodside Avenue, Santee, CA 92071, Attn: General Counsel. Demands for Arbitration by Soapy Joe’s will be sent to you at the last known mailing address you provided to us, or to your email address if we do not have your mailing address. JAMS’s mailing address and instructions for filing Demands for Arbitration online instead of by mail may be found on its website at www.jamsadr.com. Demands for Arbitration must be clearly marked “Demands for Arbitration” and include all of the following:
A copy of the Notice and these Terms also must be attached to the Demand for Arbitration.
If the claimant is represented by an attorney, by signing the Demand for Arbitration, that attorney certifies to the best of the attorney’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rules of Civil Procedure 11(b): (1) the Demand for Arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules (“JAMS Streamlined Rules”), except as supplemented, where applicable, by its Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”; together with the JAMS Streamlined Rules, the “JAMS Rules”), in effect at the time the arbitration commences, as modified by this Section 15. If there is a conflict between the JAMS Rules and Section 15, Section 15 shall govern. The JAMS Rules are available at www.jamsadr.com or by writing to the Soapy Joe’s Legal Department at the address in Section 15.6. If JAMS is unavailable or unwilling to administer the matter consistent with this Section 15, the parties may agree to, or a court of competent jurisdiction shall select, an arbitrator to administer the arbitration or otherwise fulfill the duties of JAMS. Any such substitute arbitrator shall apply the terms of this Section 15 and the JAMS Rules, as modified by Section 15.
Once JAMS has notified the parties that an arbitration has been accepted for administration, the responding party shall be permitted at least 30 days to file a response to the Demand for Arbitration. If the responding party fails to file a response, the allegations in the Demand for Arbitration shall be deemed denied by the responding party and all potential defenses are preserved.
Unless the parties agree otherwise, any merits arbitrator or process administrator shall be either an attorney who is experienced in commercial law and licensed to practice law in at least one state or a retired judge from any jurisdiction. Unless the parties agree otherwise, any in-person arbitration hearing shall take place in the U.S. city or county in which you reside at the time arbitration is commenced.
Unless the parties agree otherwise, any merits arbitrator or process administrator will be selected as follows: JAMS shall give each party a list of arbitrators drawn from its roster of arbitrators. If the total relief sought is valued at $75,000 or less (to both you and us) and a merits arbitrator is being selected, the list shall contain at least seven arbitrators. In all other cases, or if a process administrator is being selected, the list shall contain at least nine arbitrators. Each party shall have 10 calendar days from the receipt of the list to strike all names on the list it deems unacceptable. If only one common name remains on the lists of all parties, that individual shall be designated as the merits arbitrator (or process administrator, as applicable). If more than one common name remains on the lists of both parties, the parties shall strike names alternately from the list of common names on a telephone call administered by JAMS, until only one remains. The party who did not initiate arbitration shall strike first. If no common name remains on the lists of all parties, JAMS shall furnish a new list of arbitrators from which the parties shall strike alternately on a telephone call administered by JAMS, with the party who initiated arbitration striking first, until only one name remains. That person shall be designated as the merits arbitrator (or process administrator, as applicable). If the individual selected cannot serve, JAMS will issue another new list of arbitrators and repeat this process.
Subject to Section 15.3 (Class Action Waiver), the arbitrator may award any party any remedy to which that party is entitled under applicable law (including without limitation legal, equitable, and injunctive relief and an award of statutory attorneys’ fees and costs), but such remedies shall be limited to those that would be available to a party in that party’s individual capacity in a court of law for the claims presented to and decided by the arbitrator. Except to the extent preempted by the FAA, the arbitrator shall apply the substantive law, including but not limited to, the applicable statutes of limitations (and the law of remedies, if applicable) of the State of California, or federal law, or both, as applicable to the claim(s) asserted. The arbitrator is without jurisdiction to apply any different substantive law or law of remedies. In addition, the arbitrator may consider rulings in other arbitrations involving different customers, but unless prohibited by applicable law, a ruling by an arbitrator (including in a bellwether proceeding under Section 15.12 below) will not be binding or have preclusive effect in proceedings involving different customers.
Both parties shall have the right to discovery in support of their claims and defenses. Discovery shall consist of an exchange of all documents and exhibits that the party intends to use at the hearing in support of that party’s claims and defenses, as well as a list of witnesses intended to testify at the hearing, along with the subjects of their anticipated testimony. The arbitrator may allow limited and reasonable additional discovery to the extent the arbitrator deems necessary to provide for a fundamentally fair process, with consideration to the expedited nature of arbitration and the need to ensure that the cost and burden of discovery is commensurate with the amount in controversy.
The arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold pre-hearing conferences, as well as the arbitration hearing, by telephone, videoconference, or in person, as the arbitrator deems appropriate. Either party may file a motion to dismiss and/or a motion for summary judgment. The arbitrator shall set a briefing schedule for such motion(s) upon the request of either party. Except for a ruling on the basis of a dispositive motion, unless the parties agree otherwise, the arbitrator will conduct the arbitration hearing by telephone, videoconference, or in person, as the arbitrator deems appropriate, with you and a Soapy Joe’s representative in attendance, as well as any/all parties’ counsel (as applicable). Any party may arrange for a court reporter to provide a stenographic record of the proceedings in accordance with JAMS Rules. Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the arbitrator shall have the authority to decide the dispute based upon the evidence that is presented. Upon request at the close of the hearing, either party shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the arbitrator.
The arbitrator shall render an award no later than thirty (30) days from the date the arbitration hearing concludes or the last post-hearing brief is submitted. The award shall be in writing and include the factual and legal basis for the award. Before the arbitrator issues this award, neither you nor Soapy Joe’s should disclose the substance of any settlement offers to the arbitrator.
If the arbitrator awards attorneys’ fees to a party, unless the arbitrator sets another schedule, that party must submit its fee request within 14 days of the award, and any objections to the fee request must be submitted 14 days thereafter.
Judicial review will be governed by the substantive and procedural provisions of the FAA. The decision of the arbitrator may be entered and enforced as a final judgment in any court of competent jurisdiction.
The payment and allocation of all filing, administration, case-management, arbitrator, or other fees charged by JAMS or the Arbitrator (“JAMS Fees”) will be governed by applicable law and the JAMS Rules. However, if you initiate arbitration, your share of JAMS Fees will be capped at the amount of the filing or initial appearance fee applicable to court actions in the jurisdiction where the arbitration will be conducted. In the event applicable law requires a different allocation of arbitral fees and costs in order for this Section 15 to be enforceable, then such law shall be followed. You and we agree that arbitration should be cost effective for all parties, and either party may engage with JAMS to seek fee reductions or to defer fees.
You understand and agree that you and Soapy Joe’s are engaged in transactions involving interstate commerce and, notwithstanding any other provisions herein with respect to the applicable governing law, agree that the substantive and procedural provisions of the FAA govern the enforcement and interpretation of this Arbitration Agreement. If the FAA does not apply to a particular dispute or to one or both parties, the arbitration law of the jurisdiction where the arbitration will take place will apply.
As in court, any counsel participating in an arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), or the applicable state counterpart, including a certification that the claim or the relief sought is neither frivolous, brought for an improper purpose, nor lacking in evidentiary support. To the extent allowed by applicable law, the merits arbitrator and process administrator may impose any sanction available under JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.
If 25 or more claimants submit Notices of Dispute or file Demands for Arbitration raising similar claims and are represented by the same or coordinated counsel (a “Mass Filing”), the JAMS Mass Arbitration Rules will apply, and all of the cases must be resolved in arbitration using bellwether and, if necessary, batched proceedings, as set out below, if the cases are not resolved during the Informal Resolution Period or Informal Settlement Conferences. You and Soapy Joe’s agree to this process even though it may delay the arbitration of your individual claim.
This Section 15.12 is intended to facilitate the efficient and orderly resolution of Mass Filings. If any requirement of this Section 15.12 has not been met, the parties agree that a court can enjoin the filing or prosecution of arbitrations inconsistent with this Section and, unless prohibited by law, even absent a court order as contemplated above, the arbitration administrator shall not accept or administer the arbitrations nor demand fees in connection with such arbitrations. Similarly, any claimants who dispute whether their claims are part of a Mass Filing or otherwise subject to the requirements of this Section 15.12 may ask a court to resolve that dispute. If neither party wishes to bring the issue to a court, both parties retain the right to raise issues regarding compliance with, or applicability of, the requirements of this Section 15.12 and seek appropriate relief in arbitration, including from a process administrator.
If your case is part of a Mass Filing, any applicable contractual or statutory limitations period applicable to the claims and relief set forth in your Notice (as well as to any applicable defenses or counterclaims) will be tolled until your case is selected for adjudication, withdrawn, or otherwise resolved.
In the first stage, counsel for the parties shall select up to 25 cases per side (50 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement, with each case assigned to a separate arbitrator (unless the parties agree otherwise or there are an insufficient number of arbitrators available) (“Bellwether Arbitration”). In the meantime, no other cases may be filed in arbitration, and JAMS shall not accept, administer, or demand payment for JAMS Fees for arbitrations commenced in violation of this Section 15.12. Fees associated with an arbitration included in a Mass Filing, including JAMS Fees owed by Soapy Joe’s or the claimant, shall only be due after that arbitration is included in a round of cases that is properly designated for filing and adjudication.
Throughout the first stage, the arbitrators for the Bellwether Arbitrations are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. If any case selected as a Bellwether Arbitration is withdrawn prior to the arbitrator’s award or if either party raises exigent circumstances preventing a Bellwether Arbitration from proceeding, unless the parties agree otherwise, the parties agree to meet and confer in good faith to select a substitute case.
In the second stage, after all of the Bellwether Arbitrations are complete, the parties shall engage in a single global mediation of all remaining cases, and Soapy Joe’s shall pay the mediation fee.
For any cases that are not resolved following global mediation, to increase the efficiency of administration and resolution of the remaining arbitrations, JAMS shall (1) administer the arbitration demands in batches of 100 arbitrations per batch (or, if between 25 and 99 individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than 100 arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom JAMS will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). JAMS shall administer all batches concurrently, to the extent possible.
You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar for the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.
If, after exhaustion of all appeals, a court determines that this Section 15.12 or any provision in it is not enforceable, in whole or in part, the unenforceable provision shall be severed, and all of the cases resolved as efficiently as possible, using test cases and/or batched proceedings (to the extent permitted by law) to avoid the expense of separate JAMS Fees for every case. In all events, JAMS Fees will be invoiced as the arbitrations advance and merits arbitrators are appointed, rather than when the arbitrations are initiated.
This Section 15 is the complete agreement of the parties on the subject of arbitration of claims or disputes covered by the Arbitration Agreement and supersedes and replaces any prior arbitration agreements between you and Soapy Joe’s. This Arbitration Agreement shall survive the termination of the Terms, your Soapy Joe’s User Account, or any membership or other contract you entered into with Soapy Joe’s. No party is relying on any representations, oral or written, on the subject of the effect, enforceability, or meaning of this Arbitration Agreement.
Except as specified in Sections 15.3 (Class Action Waiver) and 15.12 (Mass Claims), if any provision of this Arbitration Agreement is adjudged to be void or voidable or otherwise unenforceable, in whole or in part, such provision shall be severed from these Terms, and the adjudication shall not affect the validity of the remainder of the Terms. All remaining provisions shall remain in full force and effect. A waiver of one or more provisions of the Terms by any party shall not be a waiver of the entire Terms. To be valid, waivers must be in writing and signed by the party against whom the waiver is being asserted.
The mutual obligations by you and Soapy Joe’s to arbitrate differences provide consideration for each other.
Unless stated otherwise herein, these Terms, the Services, and all claims and/or Covered Disputes (including, without limitation, disputes concerning the enforceability of Section 15) shall be governed by the laws of the State of California without regard to any conflict-of-law rules.
Unless you and Soapy Joe’s agree otherwise, to the greatest extent permitted by law, in addition to any other court that may have jurisdiction, the federal or state courts of San Diego, California will have jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Arbitration Agreement or any of its parts. You and Soapy Joe’s consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change of venue of any such action to another court. In addition, to the greatest extent permitted by law, you and Soapy Joe’s agree to waive the right to a jury trial with respect to any Covered Disputes not subject to arbitration. YOU AND SOAPY JOE’S KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO A JURY.
In any action proceeding in court, to the greatest extent permitted by law, you and Soapy Joe’s agree that any litigation between you and Soapy Joe’s and/or (i) its directors, officers, members, manager, employees, or agents in their capacity as such; or (ii) its successors and assigns will proceed on an individual basis only. You and Soapy Joe’s each knowingly and voluntarily waives the right to bring or participate in a class, representative, collective action, or private attorney general action. You and Soapy Joe’s each knowingly and voluntarily waive any right to non-individual proceedings.
NO LAWSUIT SHALL PROCEED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS, EVEN IF THE DISPUTES OR CLAIMS AT ISSUE PREVIOUSLY HAD BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) AS A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
Subject to applicable law, you consent and agree:
Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us at [email protected], or 11465 Woodside Avenue, Santee, CA 92071, or (855) 762-7956.
When you provide us with your mobile phone number and email address, you understand and agree that Soapy Joe’s and its affiliates may contact you at that number and email address using text messages with service-related information such as alerts and transactional messages, or questions about the Services and/or your Soapy Joe’s User Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts or emails in order to use and enjoy the Services. If you choose to receive marketing-related prerecorded SMS or texts via long code, or by email, you can opt-out of such marketing-related messages in several ways, including through the Settings page of your Soapy Joe’s User Account or by contacting us at [email protected] or (855) 762-7956. Standard text charges may apply to all SMS or text messages.
You certify, warrant and represent that the telephone number and email address you have provided to us is your contact information and not someone else’s telephone number or email address. You represent that you are permitted to receive text messages at the telephone number you have provided to us and emails at the email address you have provided us. You agree to promptly alert us whenever you stop using a telephone number or email address and if your contact number or email address changes.
You can cancel the SMS service at any time. You can cancel the SMS service by texting “STOP” to the short code (i.e., replying to the SMS message). After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed from the particular SMS messages you have requested to no longer receive (e.g. marketing, transactional, etc.). After this, you will no longer receive these particular SMS messages. You may still receive other SMS messages for different purposes, which you may also opt out of in the same manner.
If you are experiencing issues with the SMS messaging program, you can reply to the message with the keyword “HELP” for more assistance, or you can get help directly by contacting us at [email protected].
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, you should contact your wireless provider.
Soapy Joe’s will use best efforts to send all SMS messages and emails regarding your Soapy Joe’s User account to you between the hours of 8 a.m. and 9 p.m. in the time zone for the area code specific to the contact number you provided to us. However, given the uncertainty of SMS and email systems with respect to the delivery and receipt of messages, you understand, consent, and expressly agree that you may receive SMS and/or email messages outside of those specified hours.
We may modify or terminate our email and/or SMS messaging services from time to time, for any reason and without notice, including the right to terminate email and/or SMS messaging. Please review the Privacy Policy for additional information.
If any portion of the Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable shall be of no force and effect and shall be severed and stricken from the Terms, and the Terms’ remaining provisions shall be enforced to the fullest extent possible and shall remain in full force and effect.
The following Sections of the Terms shall survive termination of your Soapy Joe’s User Account and/or your use of or access to the Services: Disclaimer of Warranties; Limitation of Liability; Indemnification; Dispute Resolution, Agreement to Arbitrate, and Class Action Waiver; this Section 19, titled “Miscellaneous”; and any other provision identified herein that by its own terms survives termination of your use or access to the Services.
The Terms, including the Arbitration Agreement and Privacy Policy, represent the entire understanding and agreement between you and Soapy Joe’s regarding the subject matter of the same, and supersede all other previous agreements.
You may not assign any rights hereunder without our prior written consent. Soapy Joe’s may assign its rights and delegate its duties or obligations under these Terms at any time to any party without notice to you. Nothing contained in the Terms shall be construed to limit the actions or remedies available to Soapy Joe’s with respect to any prohibited activity or conduct. These Terms inure to the benefit of the successors and assigns of Soapy Joe’s.
Non-enforcement of any provision of the Terms does not constitute consent or waiver of any other provision, and Soapy Joe’s reserves the right to enforce such provision at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If you have any questions, comments, or concerns regarding the Terms, please contact us at [email protected] or 11465 Woodside Avenue, Santee, CA 92071.
