WEBSITE TERMS AND CONDITIONS

These Website Terms and Conditions (the "Terms") govern access to and use of the website located at www.bluemarcws.com, including any related pages, forms, content, features, and communications made available through the website (collectively, the "Website"). The Website is owned and operated by Bevier Holdings Inc. d/b/a BlueMar Car Wash Services ("BlueMar," "we," "us," or "our"), with a mailing address of 1079 Tamiami Trail North #222, Nokomis, Florida 34275. By accessing, browsing, submitting information through, requesting a quote through, or otherwise using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1. Acceptance of Terms

These Terms form a legally binding agreement between BlueMar and each person or entity that accesses or uses the Website. The words "you" and "your" refer to the individual using the Website and, if applicable, the business or organization on whose behalf the Website is being used.

If you use the Website on behalf of a company, association, property owner, operator, contractor, manager, or other entity, you represent that you have authority to bind that entity to these Terms. If you do not have that authority, you may not use the Website on behalf of that entity.

2. Website Purpose and Services

BlueMar provides information about car wash construction, installation, maintenance, repair, service, equipment support, and related commercial services in Florida. The Website may include descriptions of services, contact information, photographs, project information, informational content, request forms, quote forms, scheduling links, and other business-related content.

The Website is intended to provide general information and a method to contact BlueMar. It is not intended to provide engineering, architectural, legal, insurance, permitting, code-compliance, safety, tax, or other professional advice, and it should not be relied upon as a substitute for project-specific review by properly qualified professionals.

3. No Website-Based Service Contract; Separate Written Agreements Control

No contract for construction, installation, repair, maintenance, equipment supply, warranty work, emergency work, recurring service, or any other project-specific service is formed merely by accessing the Website, submitting a form, requesting a quote, calling BlueMar, sending an email, or receiving a response from BlueMar.

All project-specific terms, including scope of work, pricing, payment, scheduling, change orders, warranty obligations, exclusions, insurance, indemnity, access requirements, permits, site conditions, equipment specifications, parts availability, and limitations of liability, must be set forth in a separate written proposal, quote, work authorization, service agreement, purchase order, or other written agreement accepted by BlueMar. If these Terms conflict with a separate written agreement signed by, or otherwise expressly accepted in writing by, BlueMar, the separate written agreement controls as to the conflicting project-specific terms.

4. Eligibility; Minors

You may use the Website only if you are at least eighteen (18) years of age, have legal capacity to agree to these Terms, and use the Website in compliance with applicable law. The Website is not directed to children and is not intended for use by anyone under the age of thirteen (13).

5. User Information, Quote Requests, and Communications

You agree that all information you provide to BlueMar through the Website or in connection with a quote, inquiry, or service request will be accurate, current, and complete. You are responsible for verifying that any project information, site information, photographs, equipment descriptions, access restrictions, measurements, and contact information you provide are accurate.

By providing your name, email address, telephone number, company information, project information, or other contact information, you authorize BlueMar to contact you regarding your inquiry, request, project, services, account, or other business relationship, including by email, telephone, voicemail, or text message to the extent permitted by law. Marketing communications will be sent only where legally permitted, and you may opt out of marketing communications using the instructions provided in those communications or by contacting BlueMar.

You should not submit Social Security numbers, driver license numbers, bank account numbers, credit card numbers, medical information, biometric data, passwords, trade secrets, confidential third- party information, or other sensitive information through the Website unless BlueMar has specifically requested it through a secure method for a legitimate business purpose.

6. Permitted Use and Prohibited Conduct

You may use the Website only for lawful purposes and only in a manner consistent with these Terms. You agree not to use the Website to transmit, upload, submit, or distribute material that is unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, profane, indecent, invasive of privacy, infringing, misleading, fraudulent, or otherwise objectionable.

You agree not to interfere with or disrupt the Website, attempt to gain unauthorized access to the Website or any related systems, introduce viruses or harmful code, scrape or harvest content except as permitted by law, use automated tools to burden the Website, impersonate any person or entity, misrepresent your authority, submit false information, or use the Website for any purpose that could damage BlueMar, its customers, vendors, or other users.

BlueMar may suspend, restrict, or terminate access to the Website at any time, with or without notice, if BlueMar determines that a user has violated these Terms or used the Website in a manner that may create risk, liability, disruption, or harm.

7. Intellectual Property; Limited License

The Website and all content on or available through the Website, including text, graphics, logos, trade names, service marks, photographs, videos, designs, layouts, icons, downloads, data, software, and other materials, are owned by BlueMar or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property and unfair competition laws.

Subject to these Terms, BlueMar grants you a limited, revocable, non-exclusive, non-transferable license to access and view the Website for your personal or internal business use in evaluating or communicating with BlueMar. You may not reproduce, modify, adapt, publish, distribute, sell, license, display, perform, frame, mirror, reverse engineer, or create derivative works from any Website content without BlueMar’s prior written consent.

No right, title, or interest in the Website or any BlueMar intellectual property is transferred to you by your use of the Website. All rights not expressly granted are reserved by BlueMar.

8. User Submissions, Photographs, and Feedback

If you submit information, photographs, videos, drawings, specifications, project descriptions, comments, reviews, feedback, or other materials to BlueMar through or in connection with the Website (collectively, "User Submissions"), you represent that you have the right to submit those materials and that they do not violate any law, contract, privacy right, publicity right, intellectual property right, or other right of any person or entity.

You grant BlueMar a non-exclusive, royalty-free, worldwide license to use, copy, store, transmit, display, reproduce, and create internal working materials from User Submissions for the purposes of evaluating your request, preparing proposals, performing services, communicating with you, maintaining business records, protecting legal rights, and operating BlueMar’s business. Unless you separately authorize public use, BlueMar will not intentionally use project photographs in public marketing materials in a manner that identifies you, your customer, or a private property address.

You agree that any suggestions, ideas, improvements, or feedback you provide regarding the Website or BlueMar’s services may be used by BlueMar without restriction or compensation to you, provided that BlueMar does not identify you as the source unless you authorize it or unless disclosure is required by law.

9. Privacy and Data Security

Your use of the Website may involve the collection or processing of contact information, business information, inquiry details, device information, usage information, and other information submitted by you or collected through ordinary website operations. BlueMar will handle personal information in accordance with applicable law and any privacy policy or privacy notice posted on the Website.

These Terms are not a substitute for a separate privacy policy. If BlueMar posts a separate privacy policy or privacy notice, that policy or notice is incorporated into these Terms by reference to the extent applicable to your use of the Website.

Although BlueMar uses reasonable efforts to operate the Website securely, no website, email system, or internet transmission is completely secure. You use the Website and transmit information at your own risk.

10. Third-Party Websites, Tools, Vendors, and Manufacturer Information

The Website may contain links to or integrations with third-party websites, maps, scheduling tools, payment processors, analytics providers, social media platforms, manufacturers, suppliers, vendors, or other third-party resources. BlueMar does not control and is not responsible for third-party websites, tools, privacy practices, terms, content, products, services, availability, accuracy, security, or performance.

References to third-party products, equipment, manufacturers, software, chemicals, components, or services are provided for general informational purposes and do not create a warranty, endorsement, agency relationship, or obligation unless expressly stated in a separate written agreement accepted by BlueMar.

11. Service Information; Estimates; Technical Content; No Reliance

Any service descriptions, product descriptions, photographs, project examples, maintenance information, repair information, construction information, timelines, pricing references, warranty references, specifications, or other content on the Website are general in nature and may not apply to your particular site, equipment, property, business, municipality, utility provider, permit requirements, or project conditions.

Any quote, estimate, timeline, availability statement, or response provided through or because of the Website is preliminary unless and until BlueMar issues a separate written agreement or written proposal accepted by BlueMar. BlueMar may correct errors, omissions, inaccuracies, outdated information, or typographical mistakes at any time.

You are responsible for obtaining all approvals, permits, access rights, utility information, owner authorizations, property information, plans, drawings, environmental information, and other site-specific information required for your project unless a separate written agreement expressly assigns a particular responsibility to BlueMar.

12. Website Availability; Changes; Suspension; Termination

BlueMar may change, update, suspend, discontinue, restrict, or remove any portion of the Website at any time, with or without notice. BlueMar does not guarantee that the Website will be uninterrupted, error-free, secure, current, or available at any particular time or location.

BlueMar may terminate or restrict your access to the Website at any time if BlueMar determines that your use violates these Terms, violates law, creates risk or liability, or may harm BlueMar, the Website, other users, customers, vendors, or third parties.

13. Disclaimer of Website Warranties

To the fullest extent permitted by law, the Website and all Website content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. BlueMar disclaims all warranties related to the Website, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, availability, security, and uninterrupted operation.

BlueMar does not warrant that the Website, its servers, emails, downloads, or third-party integrations will be free of viruses, malware, harmful components, errors, interruptions, or unauthorized access. This disclaimer applies only to the Website and Website content and does not alter any express written warranty, if any, included in a separate written agreement accepted by BlueMar.

14. Limitation of Liability

To the fullest extent permitted by law, BlueMar and its owners, officers, directors, employees, agents, contractors, representatives, affiliates, licensors, vendors, successors, and assigns will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, lost profit, lost revenue, lost business, lost data, loss of goodwill, business interruption, or similar damages arising out of or relating to the Website, Website content, these Terms, or your use of or inability to use the Website, even if BlueMar has been advised of the possibility of such damages.

To the fullest extent permitted by law, BlueMar’s total liability arising out of or relating to the Website, Website content, these Terms, or your use of or inability to use the Website will not exceed one hundred dollars ($100.00). This limitation does not limit any liability that cannot be limited by law and does not alter any liability provision in a separate written agreement accepted by BlueMar.

15. Indemnification

You agree to defend, indemnify, and hold harmless BlueMar and its owners, officers, directors, employees, agents, contractors, representatives, affiliates, licensors, vendors, successors, and assigns from and against any claims, demands, causes of action, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your use or misuse of the Website; (b) your violation of these Terms; (c) your violation of applicable law; (d) your User Submissions; (e) your infringement or alleged infringement of any intellectual property, privacy, publicity, contract, or other right; or (f) information you provide to BlueMar that is false, inaccurate, incomplete, or unauthorized.

BlueMar reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with BlueMar’s defense of that matter.

16. No Partnership, Agency, or Employment Relationship

Nothing in these Terms or your use of the Website creates a partnership, joint venture, agency, fiduciary, employment, contractor, franchise, or representative relationship between you and BlueMar. You may not represent that you have authority to bind BlueMar unless BlueMar gives you express written authority.

17. Governing Law

These Terms, the Website, and any dispute, claim, lawsuit, or proceeding arising out of or relating to these Terms, the Website, Website content, or your use of the Website are governed by the laws of the State of Florida, without regard to conflict-of-law principles that would require application of another jurisdiction’s law.

18. Exclusive Venue; Personal Jurisdiction; Court Proceedings

Any lawsuit, action, claim, or court proceeding arising out of or relating to these Terms, the Website, Website content, or your use of the Website must be brought exclusively in a state court of competent subject matter jurisdiction located in Sarasota County, Florida. You irrevocably consent to personal jurisdiction and venue in those courts and waive any objection based on personal jurisdiction, improper venue, inconvenient forum, or similar grounds.

The parties intend this venue provision to require filing and maintaining any such lawsuit in Sarasota County, Florida. To the fullest extent permitted by law, you waive any right to remove to federal court any action filed by BlueMar in a state court located in Sarasota County, Florida. If a claim is subject to exclusive federal jurisdiction or cannot legally be maintained in state court, the claim must be brought exclusively in the United States District Court for the Middle District of Florida, Tampa Division, or the federal court division then serving Sarasota County, Florida.

19. Prevailing Party Attorneys’ Fees and Costs

In any lawsuit, action, claim, appeal, post-judgment proceeding, collection proceeding, enforcement proceeding, or other court proceeding arising out of or relating to these Terms, the Website, Website content, or your use of the Website, the prevailing party is entitled to recover from the non-prevailing party its reasonable attorneys’ fees, paralegal fees, expert fees, taxable costs, non-taxable costs, investigation costs, and other litigation expenses, including fees and costs incurred before suit, at trial, on appeal, in bankruptcy, in post-judgment proceedings, and in enforcing any judgment or fee award.

20. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BLUEMAR KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ACTION, CLAIM, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, WEBSITE CONTENT, OR YOUR USE OF THE WEBSITE.

21. Class Action Waiver

To the fullest extent permitted by law, any dispute arising out of or relating to these Terms, the Website, Website content, or your use of the Website must be brought only in an individual capacity and not as a plaintiff, class member, representative, private attorney general, or participant in any class, collective, consolidated, or representative action. This provision does not limit any right that cannot be waived under applicable law.

22. Electronic Communications and Records

By using the Website, submitting a form, sending an email, clicking an acceptance box, or otherwise communicating electronically with BlueMar, you consent to transact and communicate by electronic means to the extent permitted by law. You agree that electronic records, electronic notices, electronic signatures, click-through acceptance, and other electronic communications may satisfy any legal requirement that a communication or agreement be in writing, except where applicable law requires a different method that cannot be waived.

You are responsible for maintaining current contact information and for retaining copies of electronic communications and records that are important to you.

23. Notices

Legal notices to BlueMar must be sent in writing to Bevier Holdings Inc. d/b/a BlueMar Car Wash Services, 1079 Tamiami Trail North #222, Nokomis, Florida 34275, unless BlueMar later designates a different notice address on the Website or in a separate written agreement.

BlueMar may provide notices to you by email, mail, posting on the Website, or other reasonable method based on the contact information you provide or your use of the Website. Notices are effective when sent, posted, delivered, or otherwise made available, unless a specific law or separate written agreement requires a different effective date.

24. Force Majeure

BlueMar will not be liable for any delay, interruption, unavailability, or failure of the Website or any Website-related communication caused by events beyond BlueMar’s reasonable control, including acts of God, storms, hurricanes, floods, fire, utility failure, network failure, cyberattack, labor dispute, supply disruption, governmental action, war, terrorism, epidemic, pandemic, public emergency, third- party service failure, or failure of hosting, software, telecommunications, payment, mapping, analytics, or other technology providers.

25. Severability; No Waiver

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. BlueMar’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

26. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without BlueMar’s prior written consent. BlueMar may assign, transfer, or delegate its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, reorganization, financing, change in control, or other business transaction, or to an affiliate or successor.

27. Changes to These Terms

BlueMar may modify these Terms at any time by posting updated Terms on the Website or otherwise providing notice. Unless otherwise stated, updated Terms are effective when posted. Your continued use of the Website after updated Terms are posted constitutes acceptance of the updated Terms. The updated Terms will not apply retroactively to a dispute that arose before the updated Terms were posted unless permitted by law and agreed by the parties.

28. Entire Agreement; Conflicts

These Terms, together with any privacy policy or other Website terms expressly incorporated by reference, constitute the entire agreement between you and BlueMar regarding your use of the Website. These Terms do not replace or modify any separate written agreement accepted by BlueMar for project-specific services, except to the extent that the separate written agreement expressly incorporates these Terms or states otherwise.

If any Website content is inconsistent with these Terms, these Terms control as to Website use. If a separate written agreement accepted by BlueMar is inconsistent with these Terms, the separate written agreement controls as to the project or services covered by that agreement.

29. Survival

The provisions of these Terms that by their nature should survive termination or expiration will survive, including provisions relating to intellectual property, User Submissions, privacy and data security, disclaimers, limitation of liability, indemnification, governing law, venue, attorneys’ fees and costs, jury trial waiver, class action waiver, notices, severability, assignment, conflicts, and survival.

30. Contact Information

Questions about these Terms may be directed to BlueMar through the contact method provided on the Website or by written notice to: Bevier Holdings Inc. d/b/a BlueMar Car Wash Services, 1079 Tamiami Trail North #222, Nokomis, Florida 34275. Website: www.bluemarcws.com.