These Terms and Conditions are effective October 1, 2026 for new members/customers and November 13, 2026 for existing members.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY PURCHASING, ENROLLING IN, RENEWING, ACCESSING, OR USING ANY TSUNAMI EXPRESS MEMBERSHIP, CAR WASH SERVICE, WEBSITE, MOBILE APPLICATION, ACCOUNT, PROMOTION, OR PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE A MEMBERSHIP OR USE THE SERVICES.
THESE TERMS CONTAIN AN AUTOMATIC-RENEWAL AND RECURRING-PAYMENT AUTHORIZATION; LIMITATIONS OF LIABILITY; DISCLAIMERS OF WARRANTIES; A BINDING INDIVIDUAL ARBITRATION AGREEMENT; A CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER; A JURY-TRIAL WAIVER; AND A 30-DAY RIGHT TO OPT OUT OF ARBITRATION.
These Terms and Conditions, together with the policies and materials incorporated by reference, are a legally binding agreement between Tsunami Express Intermediate Holdco, a Delaware corporation, together with its parents, subsidiaries, affiliates, successors, assigns, and entities operating under the Tsunami Express brand (collectively, “Tsunami,” “Tsunami Express,” “Company,” “we,” “us,” or “our”), and the person accepting these Terms (“you,” “your,” “customer,” or “Member”).
Tsunami’s principal place of business and mailing address is 4800 Meadows Road, Suite 200, Lake Oswego, Oregon 97035.
These Terms govern individual car wash services; recurring membership programs; Founders Club programs; promotional and introductory programs; family and fleet programs, where offered; websites, mobile applications, and online accounts; customer-service and account-management services; and other products, programs, benefits, and services offered by Tsunami.
Additional terms presented at enrollment or in connection with a particular program, promotion, Location, plan, or service supplement these Terms. If additional terms expressly conflict with these Terms, the additional terms control only with respect to the particular offering to which they apply.
A customer account, membership profile, application account, online account, or other record maintained by or for Tsunami in connection with a customer or Member.
The date on which recurring Membership charges are scheduled to be processed.
A limited-availability, location-specific promotional Membership offered in connection with the opening, reopening, acquisition, rebranding, or promotion of a designated Location.
A Membership that is active, current, fully paid, not delinquent, not suspended, not terminated, and not in violation of these Terms or applicable program rules.
A car wash facility owned, operated, managed, licensed, branded, or otherwise made available by Tsunami.
The individual who purchases or is identified as the account holder for a Membership.
A recurring subscription entitling one properly registered vehicle to receive the wash services associated with the plan purchased, subject to these Terms, plan restrictions, Location availability, and operational limitations.
A credit card, debit card, electronic payment account, or other payment method authorized by Tsunami and provided in connection with an Account or Membership.
The date on which a Membership renews for another billing period.
All wash services, Memberships, promotions, websites, mobile applications, Locations, benefits, technology, products, programs, and related services offered by or through Tsunami.
These Terms and Conditions, as amended from time to time, together with incorporated policies, program-specific disclosures, enrollment materials, and expressly applicable supplemental terms.
You represent and warrant that you are at least eighteen years old; possess legal authority to accept these Terms; will provide complete, accurate, and current information; are not prohibited from using the Services; will comply with applicable law; and will not violate the rights of Tsunami or any third party.
A minor may use the Services only under the supervision of a parent or legal guardian who accepts responsibility for that use. Tsunami may require additional information or verification before establishing an Account, activating a Membership, processing a transaction, or providing access.
Services, wash packages, equipment, technologies, operating hours, features, Membership benefits, and availability may vary by Location.
Subject to applicable law, Tsunami may add, modify, replace, limit, suspend, or discontinue any Service; alter packages or benefits; modify equipment or processes; adopt or replace account-management and vehicle-identification technologies; move, close, sell, acquire, rebrand, or consolidate Locations; change operating hours; restrict access based on weather, safety, maintenance, staffing, utility, governmental, or operational conditions; and establish reasonable Location rules.
Nothing in these Terms guarantees continued availability of a particular Location, schedule, package, equipment, feature, benefit, or technology.
Tsunami may inspect a vehicle and refuse, interrupt, or discontinue service whenever washing it may create a safety, operational, equipment, property, or liability risk.
Vehicles may be refused if they exceed posted limitations; have dual wheels; contain excessive mud, debris, snow, ice, chemicals, hazardous substances, or contaminants; have loose, damaged, detached, weakened, or improperly secured parts; have visibly deteriorated, rusted, corroded, or previously damaged components; contain unsecured cargo; could damage equipment or another vehicle; are used for an ineligible commercial purpose; cannot safely be processed; or are otherwise unsuitable.
Acceptance of a vehicle does not constitute a representation or warranty that it is suitable for the Services or free from pre-existing conditions.
You must comply with posted signs, traffic controls, safety directions, employee instructions, and operational procedures. Before entering the wash, you are responsible for removing loose items and debris; emptying truck beds; securing accessories and cargo; lowering, retracting, securing, or removing antennas; disengaging automatic wipers, braking, collision-avoidance, parking, and hold functions; placing the vehicle in the instructed mode; folding mirrors and removing trailer hitches when instructed or recommended; retracting running boards; closing all openings; and following all employee and equipment instructions.
You are responsible for damage or injury resulting from driver error, negligence, failure to follow instructions, failure to disclose a known condition, or failure to prepare the vehicle.
Unless applicable plan terms state otherwise, a Membership is month-to-month; applies to one registered vehicle; allows one wash per calendar day; is for personal, non-commercial use; does not permit wash redemptions to accumulate; has no cash value for unused wash opportunities; may not be sold, shared, assigned, bartered, or transferred; and requires a separate Membership for each additional vehicle.
Commercial, rental, rideshare, taxi, limousine, dealer inventory, fleet, or resale vehicles are ineligible unless enrolled in an expressly authorized program. Membership access may be administered through ALPR, RFID, barcodes, mobile applications, Account credentials, or other selected technology.
YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW EACH MONTH UNTIL YOU CANCEL IT OR TSUNAMI TERMINATES IT IN ACCORDANCE WITH THESE TERMS.
By enrolling, you authorize Tsunami and its payment processors to charge the Payment Method for recurring Membership fees, taxes, governmental charges, authorized add-ons or upgrades, disclosed processing charges, and other authorized amounts. Charges will ordinarily be processed on or near the Billing Date and may occur earlier or later because of weekends, holidays, processing delays, failed-payment attempts, or calendar variations.
Your recurring-payment authorization remains effective until cancellation becomes effective or Tsunami terminates the Membership.
You must maintain a current, valid, and accepted Payment Method. Payments may be processed by third parties. Tsunami is not responsible for banking or payment-network errors, issuer decisions, processor outages, authorization delays, institution fees, inaccurate provider information, or failures outside Tsunami’s reasonable control.
You authorize use of payment-account updater services. If updated card information is supplied, you authorize continued charges to the updated Payment Method. You remain responsible for authorized charges and unpaid amounts notwithstanding expiration or replacement of a Payment Method.
If a charge is declined, rejected, reversed, charged back, or otherwise fails, Tsunami may reattempt the charge; use updated payment information; suspend Membership benefits; restrict Account access; require updated information; cancel promotional pricing; terminate the Membership; and use lawful collection methods.
Tsunami may reattempt failed payments periodically without separate notice for each attempt. A dispute or chargeback does not itself cancel a Membership.
You are solely responsible for providing and maintaining complete, accurate, and current name, email address, telephone number, mailing address, Account credentials, Payment Method information, vehicle information, license plate information, and other reasonably required information. You must promptly update changes and maintain functioning communication channels, sufficient inbox capacity, reasonable receipt settings, application or portal access, and accurate forwarding instructions.
Tsunami may conclusively rely on the most recent information provided by you. Except as required by applicable law, Tsunami has no duty to verify, audit, investigate, confirm, monitor, correct, supplement, periodically review, or periodically validate contact, payment, vehicle, license plate, or Account information supplied by you.
You bear the risk of non-delivery, delay, Account disruption, inability to use Services, and other consequences arising from inaccurate, incomplete, obsolete, or nonfunctioning information. Failure to maintain current information does not invalidate a properly sent notice, extend a cancellation deadline, prevent a pricing or Terms change from becoming effective, excuse a recurring charge, require duplicate notice, or obligate Tsunami to locate you through another channel.
You consent to receive electronically all agreements, disclosures, notices, amendments, invoices, pricing notices, renewal communications, billing notices, suspension notices, security communications, operational announcements, records, and other communications relating to your Account, Membership, or Services.
Tsunami may provide notice by email to the last address provided; text message to the last mobile number provided where permitted; mobile-application notice; online-Account or portal notice; website posting; posting at an affected Location; mail to the last physical address provided; or another electronic or written method reasonably selected by Tsunami.
Except where applicable law expressly requires otherwise, notice through any one authorized method is sufficient. Tsunami is not required to use every available contact method, provide duplicate notice, resend notice, investigate a delivery failure, determine whether you opened or reviewed a notice, contact you after a return or rejection, provide a paper copy, provide certified or registered mail, or independently locate updated contact information.
A notice is effective when sent, transmitted, posted, or made available through the selected method, unless applicable law requires otherwise. Notice remains effective even if you do not receive, open, access, review, or acknowledge it; your inbox is full; a spam filter blocks it; your account or number is inactive, reassigned, or disconnected; your device, application, or network malfunctions; you fail to access your Account; or your information is inaccurate or outdated.
Consent to receive promotional or marketing text messages is not required as a condition of purchasing a Membership or other Service. Marketing text messages remain subject to Tsunami’s separate SMS Terms and applicable law.
Tsunami may modify Membership fees, wash prices, plan pricing, packages, benefits, features, taxes, governmental charges, and other applicable amounts. Tsunami will provide at least thirty days’ advance notice before a material increase in the recurring Membership price charged to an active Member. Notice may be provided through any single method permitted under Section 12. A new price becomes effective on the stated date and applies to the first renewal on or after that date unless stated otherwise. If you do not agree, you must cancel before the new price applies. Continued Membership, failure to cancel, renewal, or continued use constitutes acceptance. Changes resulting solely from taxes or governmental assessments may be implemented as permitted by law.
Tsunami may modify plans and benefits, including packages, included services, eligible Locations, usage limits, vehicle-identification methods, names or tiers, loyalty benefits, ancillary benefits, and operational procedures. Tsunami will provide at least thirty days’ advance notice of a material adverse change to an active recurring Membership unless a shorter period is reasonably required for safety, legal, security, fraud, third-party-service, or emergency circumstances. If a plan is discontinued, Tsunami may transition the Member to a reasonably comparable plan or permit cancellation.
Tsunami may revise these Terms. It will provide at least thirty days’ advance notice before a material amendment becomes effective for active Members, except where an earlier change is reasonably necessary to comply with law, address safety or security, prevent fraud or abuse, correct an error, or respond to circumstances outside Tsunami’s reasonable control. If you do not agree, cancel and stop using the Services before the effective date. Continued Membership, renewal, or use after the effective date constitutes acceptance.
You may cancel using any method made available by Tsunami, which may include an online Account or portal, mobile application, customer support, authorized web form, or in-person assistance. To prevent the next recurring charge, a cancellation request must be submitted at least seven days before the Renewal Date. A request submitted after that deadline may take effect after the next Renewal Date. The Membership will ordinarily remain available through the paid billing period. Canceling a Payment Method, disputing a charge, deleting an application, changing a license plate, or ceasing to use the Services does not cancel a Membership. Members are responsible for retaining their cancellation confirmation.
Membership fees are fully earned upon payment. Except where required by law, Membership fees are nonrefundable; no prorated refunds are provided; no credits are provided for unused Services; no refund is provided for temporary closures or service interruptions; no refund is provided for failure to use the Membership; and promotional reservation charges are nonrefundable.
Tsunami may issue a refund, credit, discount, upgrade, free wash, or other accommodation in its discretion. Providing an accommodation in one instance does not create an obligation to provide the same or a similar accommodation in another instance.
You are responsible for maintaining the confidentiality of Account credentials, passwords, verification codes, and other authentication information. You agree to use reasonable measures to secure your Account; not permit another person to use your Account credentials; not access another person’s Account without authorization; promptly notify Tsunami of suspected unauthorized access; promptly change compromised credentials; and provide reasonable cooperation in investigating unauthorized use.
You are responsible for activity conducted through your Account unless applicable law provides otherwise. Tsunami is not responsible for loss arising from your failure to secure Account credentials or promptly report suspected unauthorized activity. Tsunami may require additional authentication, suspend access, reset credentials, or restrict an Account when it reasonably suspects unauthorized access, fraud, or a security risk.
Tsunami may refuse service or suspend, restrict, deactivate, or terminate an Account, Membership, promotion, discount, or benefit if required Account information is missing, inaccurate, or obsolete; a Payment Method fails; an amount remains unpaid; vehicle or license plate information cannot be verified; fraud, unauthorized use, or misuse is suspected; a Membership is used for an unauthorized vehicle or person; a customer violates these Terms or Location rules; a customer disrupts operations or threatens employees or customers; suspension is reasonably necessary for safety, security, legal, or operational reasons; or Tsunami discontinues the applicable Service or program.
Tsunami may require information, documentation, or verification before restoring access. Except where required by law, the Member is not entitled to a refund, credit, or extension for a period of suspension resulting from the Member’s acts, omissions, Account information, Payment Method, or violation of these Terms. A Member whose Account has been terminated for misuse, fraud, or violation may not create a replacement Account or enroll again without Tsunami’s prior authorization.
Tsunami may use automatic license plate recognition, video, RFID, barcode, mobile-application, account, vehicle-image, and related technologies for Membership validation; vehicle identification; usage monitoring; fraud and misuse prevention; security and loss prevention; traffic and operational management; customer service; promotion administration; claims investigation; and other purposes described in Tsunami’s Privacy Policy.
You authorize Tsunami to capture and process the enrolled vehicle’s license plate and related vehicle information for these purposes. You must maintain accurate vehicle and license plate information. Tsunami may deny or suspend Membership access if the presented vehicle does not match the enrolled vehicle or if the Membership cannot be validated. RFID tags, decals, barcodes, or other physical or digital identifiers supplied by Tsunami remain subject to Tsunami’s control and may not be copied, altered, transferred, manipulated, or used for an unauthorized vehicle.
Tsunami Locations may use video and other surveillance systems for safety, security, quality control, customer service, claims investigation, fraud prevention, and operational management. By entering a Location, you acknowledge that your vehicle, license plate, and activities on the premises may be recorded. Recordings and related data are maintained, used, and disclosed in accordance with applicable law and Tsunami’s Privacy Policy. Nothing in these Terms requires Tsunami to retain any particular recording for any specific period unless required by law.
A Founders Club Membership is a limited-availability, promotional, location-specific Membership. Enrollment may be restricted by Location, quantity, enrollment period, customer status, vehicle type, package, online-purchase requirements, or other disclosed eligibility criteria. Founders Club Memberships are subject to all generally applicable provisions of these Terms.
Tsunami may charge a disclosed nonrefundable amount to reserve a Founders Club Membership and establish the Payment Method. Recurring billing will begin on the activation date described in the applicable offer, which may be based on the Location’s opening date, grand-opening period, or the Member’s first use. The anticipated opening date is an estimate and is not guaranteed. Construction, permitting, weather, equipment, utility, staffing, governmental, and other circumstances may delay or prevent opening.
A Founders Club Membership is valid only at the qualifying Location or group of Locations expressly identified in the offer. It may not be used at another Tsunami Location unless Tsunami expressly authorizes such use or designates a successor Location.
References to “Price for Life,” “Lifetime Rate,” “Lifetime Deal,” or similar terminology mean only that the stated base promotional Membership rate will remain available while the Founders Club Membership remains continuously active; the Account remains in Good Standing; the Founders Club program continues; the designated or successor Location remains available; the Member continues to satisfy eligibility requirements; and the applicable wash package or a successor package remains offered.
Such terminology does not establish a perpetual contract; a vested or irrevocable right; a property interest; a lifetime-services guarantee; a transferable or inheritable benefit; or a guarantee that all charges will remain unchanged. The promotional rate does not prevent Tsunami from imposing or adjusting taxes; governmental charges; legally required assessments; optional add-on charges; transaction or processing fees disclosed to the Member; or charges resulting from services requested outside the covered package.
The Founders Club rate remains available only while the Membership remains continuously active and in Good Standing. The promotional rate is permanently forfeited upon cancellation; termination; nonpayment; an unresolved failed payment; a chargeback; plan upgrade, downgrade, or other plan change; unauthorized transfer; fraud or misuse; ineligibility; violation of these Terms; or any other event identified in applicable promotional disclosures. Once forfeited, the Founders Club rate cannot be reinstated, except in Tsunami’s sole discretion.
A Founders Club Membership belongs solely to the original Founders Club Member and applies to one enrolled vehicle at a time. The Membership may not be assigned, sold, gifted, shared, inherited, transferred through an estate, or transferred to another person. The death, incapacity, or change in ownership of the original Member does not transfer the Founders Club Membership or rate to another person.
A Founders Club Member may request one vehicle substitution during any rolling twelve-month period. A vehicle substitution is available only to the original Founders Club Member; must involve a replacement vehicle owned by the Founders Club Member; requires reasonable proof that the Founders Club Member owns the replacement vehicle; requires updated and accurate vehicle and license plate information; is subject to vehicle eligibility and applicable wash restrictions; does not permit a transfer of the Membership to another person; does not create an additional Membership; and is effective only after approval and Account update by Tsunami.
Acceptable proof of ownership may include a current vehicle registration, certificate of title, purchase agreement, lease agreement identifying the Founders Club Member as lessee, or other documentation reasonably acceptable to Tsunami. Tsunami may require identification matching the Member’s Account and may reject incomplete, inconsistent, altered, unverifiable, or insufficient documentation. A license plate change affecting the same vehicle does not necessarily count as the annual vehicle substitution, provided the Member supplies any documentation reasonably requested by Tsunami. A substitution made through fraud, misrepresentation, or concealment may result in immediate termination and permanent forfeiture of Founders Club pricing.
Founders Club benefits may be modified, transferred, or terminated if the designated Location closes temporarily or permanently; does not open; ceases operating as a Tsunami Location; is sold or transferred; is relocated; is materially redeveloped or converted; is damaged or destroyed; loses required governmental approvals; becomes subject to lease termination or property restrictions; becomes impracticable to operate; or is affected by a force majeure event.
Tsunami may, in its discretion, designate a relocated, replacement, nearby, successor, or substantially equivalent Location; transfer the Membership to a successor program; offer a replacement promotional rate; transition the Member to another Membership; suspend billing during a temporary closure; or terminate the Founders Club Membership. Unless required by law, Founders Club Members are not entitled to damages, specific performance, reimbursement for anticipated savings, or continued service at another Location because of a closure, sale, relocation, or program discontinuation.
A Founders Club rate may not be combined with family-plan discounts, loyalty benefits, coupons, employee discounts, referral credits, or other promotions unless Tsunami expressly permits the combination.
Promotions may be limited by time; Location; customer eligibility; vehicle; package; inventory or enrollment quantity; online or in-person purchase method; first-time customer status; or other disclosed conditions. Promotions may not be sold, assigned, duplicated, combined, exchanged for cash, or used after expiration unless expressly permitted. Tsunami may deny or revoke a promotion obtained through fraud, duplicate Accounts, automated enrollment, manipulation, inaccurate information, or other misuse. Introductory pricing automatically converts to the disclosed standard recurring price upon expiration of the promotional period unless canceled.
Tsunami may acquire, operate, manage, consolidate, rebrand, or transition Locations or membership programs previously operated by another company or under another brand. Tsunami may, subject to applicable notice requirements, transition legacy members to Tsunami Accounts; replace legacy terms with these Terms; migrate payment information through authorized processors; replace RFID or other technology with ALPR or another system; rename or restructure plans; map legacy plans to reasonably comparable Tsunami plans; modify eligible Locations; discontinue obsolete plans or features; and modify legacy pricing upon required notice. A legacy program does not create a perpetual right to retain a prior brand, technology, benefit, plan name, Location network, or operating process.
Subject to these Terms, Tsunami grants you a personal, limited, revocable, nonexclusive, nontransferable license to access and use Tsunami’s websites, mobile applications, and online services for their intended personal purposes. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works; reverse engineer, decompile, or disassemble software; scrape, crawl, index, harvest, or extract content or data through automated means; interfere with security or functionality; introduce malicious code; access restricted systems; impersonate another person; bypass access controls; use the online services for commercial resale; or use bots or automated processes to obtain promotions or Services. Tsunami may issue updates, modify functionality, require installation of a new version, suspend access, or discontinue an online service. Third-party platform providers, device manufacturers, telecommunications providers, and application stores are not responsible for providing or supporting Tsunami’s Services except as otherwise stated in their own terms.
You may not share or resell a Membership; use a Membership for an unauthorized vehicle; manipulate ALPR, RFID, barcodes, or Account data; provide false information; submit a fraudulent claim; interfere with equipment or operations; enter restricted areas; threaten, harass, abuse, or endanger employees or customers; damage Company or third-party property; violate posted policies; use Services for unlawful purposes; or assist another person in prohibited conduct. Tsunami may remove any person from its property and prohibit future access for conduct that is unsafe, disruptive, threatening, fraudulent, abusive, or unlawful.
Except for ordinary personal photography that does not interfere with operations or violate another person’s rights, you may not conduct commercial photography, filming, livestreaming, audio recording, staged content creation, or organized media activity on Tsunami property without prior written authorization. You may not photograph, record, or disclose security systems, equipment controls, nonpublic operational areas, employee-only areas, or confidential business information. Nothing in this section prohibits activity protected by applicable law.
Tsunami does not guarantee continuous operation of any Location or uninterrupted availability of Services. Services may be delayed, reduced, suspended, or unavailable because of weather; freezing conditions; storms, flooding, fire, or natural disaster; maintenance, inspection, repair, or equipment replacement; utility or communications failure; staffing or supply constraints; traffic or site conditions; governmental action; public-health circumstances; safety concerns; property damage; cyber incidents; or other operational conditions. Except where required by law, a temporary closure or interruption does not entitle a Member to a refund, extension, credit, or prorated adjustment.
To the fullest extent permitted by law, Tsunami is not responsible for damage to or arising from vehicles exceeding stated or posted limitations; vehicles over seven years old; pre-existing damage; manufacturer or design defects; vehicle makes, models, or components identified on posted or published notices as excluded (including, without limitation, body panels on 2023 and newer Honda CR-V vehicles); rust, corrosion, wear, deterioration, or weakened materials; loose, broken, improperly installed, or previously repaired parts; antennas; mirrors; wipers; luggage racks; spoilers; running boards; light bars; bug shields; ladders; trailer hitches; windshields, glass, sunroofs, or moonroofs; non-factory, aftermarket, or dealer-installed components; oversized wheels, rims, tires, low-profile tires, or extended valve stems; mud flaps; license plate frames; adhesive-mounted or clipped items; emblems, trim, chrome, moldings, graphics, decals, wraps, or pinstriping; custom paint, repainting, paint chips, scratches, or clear-coat conditions; personal property; truck-bed or cargo-area contents; unsecured accessories; vehicle systems left engaged; vehicle clearance conditions; customer or driver error; or failure to follow instructions. Tsunami is not responsible for diminished value, loss of use, towing, storage, rental or substitute-vehicle costs, or other indirect costs associated with any alleged damage. Nothing in this section excludes liability that cannot lawfully be excluded.
Any alleged damage must be reported to the manager on duty before leaving the Location. If reporting before leaving the Location is not reasonably possible, the alleged damage must be reported to Tsunami within twenty-four hours after the wash, together with photographs of the alleged damage taken before the vehicle is driven through any other car wash, repaired, or otherwise altered. Failure to report alleged damage before leaving the Location materially impairs Tsunami’s ability to investigate. Alleged damage first reported after the vehicle has left the Location will be presumed not to have been caused by the Services unless the customer provides clear evidence to the contrary, and a claim not reported within the time required by this section will be denied to the extent permitted by law.
You must provide all information reasonably requested by Tsunami, which may include name and contact information; Membership and Account information; vehicle registration; proof of vehicle ownership or lawful possession; date, time, and Location of the incident; photographs or video; repair estimates; maintenance and repair records; insurance information; insurance claim documents; access to inspect the vehicle; and a written description of the alleged incident and damage.
Tsunami may review surveillance footage, equipment records, wash logs, maintenance information, ALPR records, photographs, customer statements, employee statements, and other available information. Tsunami does not guarantee that footage or records will exist or be retained.
A claim that remains incomplete for more than thirty days after the alleged damage is first reported to Tsunami will be administratively closed and deemed denied. Closing a claim does not extend any contractual or legal limitations period.
If Tsunami agrees to pay, reimburse, repair, credit, discount, or otherwise resolve all or part of a claim, Tsunami may condition resolution on documentation of loss; execution of a release; assignment or preservation of applicable rights; inspection of the vehicle; use of a selected repair provider; proof that repairs were completed; or other reasonable conditions. Any accepted payment, repair, refund, credit, or other consideration provided as settlement of a claim constitutes the customer’s sole and exclusive remedy concerning the released event and claims. Tsunami may provide consideration in the form of payment, repair, account credit, free Services, discounted Services, Membership benefits, or another agreed form. Any payment, repair, credit, or other accommodation Tsunami elects to provide is a voluntary goodwill accommodation and does not constitute an admission of liability or fault. Unless otherwise required by law, any amount Tsunami agrees to pay for alleged vehicle damage will not exceed the lesser of the reasonable cost of repairing the affected component or the actual cash value of the vehicle immediately before the incident, and will not include diminished value, loss of use, towing, storage, rental, or other indirect costs.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TSUNAMI DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; TITLE; NON-INFRINGEMENT; QUALITY; RESULTS; SECURITY; AND UNINTERRUPTED OR ERROR-FREE OPERATION. TSUNAMI DOES NOT WARRANT THAT THE SERVICES ARE SUITABLE FOR A PARTICULAR VEHICLE; A PARTICULAR RESULT WILL BE ACHIEVED; SERVICES WILL ALWAYS BE AVAILABLE; DEFECTS WILL BE CORRECTED; EVERY CONTAMINANT WILL BE REMOVED; OR A PARTICULAR LOCATION, PACKAGE, OR BENEFIT WILL REMAIN AVAILABLE. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TSUNAMI AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LANDLORDS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, MULTIPLE, ENHANCED, OR PUNITIVE DAMAGES, OR FOR DIMINISHED VALUE, TOWING, STORAGE, RENTAL OR SUBSTITUTE-VEHICLE COSTS, LOSS OF USE, PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OPPORTUNITY, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TSUNAMI’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO AN EVENT, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO TSUNAMI DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS. THESE LIM