Way+ Sapphire Terms and Conditions

WAY+ SAPPHIRE IS AN AUTOMATICALLY RENEWING MEMBERSHIP SUBSCRIPTION. AT THE BEGINNING OF EACH MEMBERSHIP PERIOD, WAY.COM WILL AUTOMATICALLY CHARGE YOUR DEFAULT PAYMENT METHOD, WAY.COM WILL CHARGE UNLESS YOU CANCEL OR WE TERMINATE YOUR ACCOUNT, AS DESCRIBED IN THESE TERMS.

YOUR PURCHASE AND USE OF ANY VERSION OF WAY+ SAPPHIRE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS THE WAY.COM TERMS OF SERVICE, WHICH ARE EXPRESSLY INCORPORATED HEREIN. BY PURCHASING, ACTIVATING, OR OTHERWISE USING WAY+SAPPHIRE OR ANY WAY+ SAPPHIRE BENEFITS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THESE WAY+ SAPPHIRE TERMS AND THE WAY.COM TERMS OF SERVICE (https://www.way.com/aboutUs/legal) INCLUDING ITS ARBITRATION PROVISIONS. IF YOU DO NOT AGREE TO THE WAY+ SAPPHIRE TERMS OR THE WAY.COM TERMS OF SERVICE, THEN DO NOT PURCHASE, ACTIVATE OR OTHERWISE USE WAY+ SAPPHIRE.

Way+ Sapphire is an automatically-renewing membership subscription that provides you with access to certain benefits as defined below (“Benefits”). Your Way+ Sapphire membership will automatically renew at the end of each monthly or multi-month subscription period, depending on the initial membership term you have selected, and you authorize Way.com to charge your default payment method the applicable then-current subscription membership price (plus applicable taxes) at the start of every renewal period, until canceled. All renewal terms are a monthly term regardless of the initial term selected. If your default payment method is invalid or fails for any reason then you agree that Way.com may retry your default payment method or process the balance of the applicable charge to your secondary payment method(s) in the Way.com native application (“Way App”) until your payment has been successfully processed. Way.com is not responsible for any fees charged by your bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, etc.

If you join Way+ Sapphire pursuant to a promotional offer then your membership will automatically renew at the regular then-current subscription price (without such introductory or promotional offer) at the conclusion of the stated offer period and you authorize Way.com to charge the subscription price to your payment method at the beginning of each billing cycle until you cancel your membership. You may cancel your Way+ Sapphire membership at any time by navigating to the Way+ tab under My Orders at www.way.com and turning off Auto-Renewal. If you cancel your paid membership then you will continue to have access to Way+ Sapphire Benefits until the end of your current billing cycle, or Way.com may offer you a pro-rated refund and cancel your membership with immediate effect. There are no cancellation fees. Canceling your Way+ Sapphire membership does not entitle you to a refund for payments already processed, and does not stop a pending charge. Way+ Sapphire is only available in the United States.

Way+ Sapphire is a vehicle-based membership. The Benefits follow the vehicle and any authorized driver. Limit one (1) vehicle per Way+ Sapphire membership. The Way+ Sapphire Family Plan supports up to five (5) vehicles.

Way+ Sapphire is designed for light-duty vehicles only (up to 10,000 lbs. Gross Vehicle Weight Rating), licensed, and used for private on-road transportation. This program will only provide services to you if the vehicle needing such services is being used for personal use only, and not commercial use.

Way.com reserves the right to modify, to limit, to discontinue any Benefits, to increase or decrease the value of any Benefits, or to increase or decrease the price of Way+ Sapphire, at Way.com's sole discretion. There may be a limited supply of some Benefits, and certain Benefits may not be available in all locations or available to all members. Way.com does not warrant or guarantee that Benefits will remain available throughout the period of your subscription. WAY+ SAPPHIRE AND ALL ASSOCIATED BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

WAY+ SAPPHIRE MEMBER BENEFITS

Your Way+ Sapphire Benefits are available through the Way App. Please use My Way+ within the Way App and select the benefit type you wish to redeem.

Parking Benefit:

Way+ Sapphire members are eligible to receive a 10% discount at checkout for:

Parking discounts are only available at In-Network way.com parking locations. Discounts are not applicable toward Way.com monthly parking subscription plans or the Hourly (On-Street) parking category. Your parking discount cannot be used in combination with other Way.com parking offers. Cancelation and refund eligibility is subject to the terms and conditions as governed by the Way.com parking transaction itself.

Car Wash Benefit:

Way+ Sapphire members are eligible to receive a 10% discount at checkout for car washes. Discounts are only available at In-Network way.com car wash locations. Discount cannot be applied to the purchase of a Way.com monthly car wash subscription plan. Your car wash discount cannot be used in combination with other Way.com car wash offers. Cancelation and refund eligibility is subject to the terms and conditions as governed by the Way.com car wash transaction itself.

Roadside Benefit:

Way+ Sapphire members are eligible to receive a 10% discount at checkout for:

For certain services, we may place a hold on funds on your card to cover any additional expenses that are not considered at the time of requesting the service. The amount will be released after deducting additional expenses (if any) in 24 hours from the time service is completed.

We reserve the right to seek reimbursement, including any reasonable administrative or processing fees, from members for any services provided for which the member was not eligible or entitled, or for which member was obligated to pay at the time of service.

As part of your Way+ Sapphire profile, you will be required to enter your vehicle(s) VIN. Roadside service will not be provided without it. Roadside service is available for light-duty vehicles only. We only offer services for self-propelled vehicles; cars, motorcycles, vans, and small trucks (up to 10,000 lbs. Gross Vehicle Weight Rating), licensed, and used for private on-road transportation. This program will only provide services to you if the vehicle needing such services is being used for personal use only, and not commercial use.

Roadside discount is only available for dispatches created by Way.com. Dispatch service may not be available in all situations including but not limited to; police prevention, locked storage facilities, restricted roadways, inaccessible off-road locations, Acts of God (floods, earthquakes, etc.). You may cancel the transaction post-dispatch, however there will be no immediate refund. To request consideration for a refund, please email support@way.com with circumstances related to the cancelation. Refund, if approved, will be provided within 30 days of receipt of request.

Way.com, or third-party roadside aggregator, will not accept responsibility for repairs or the availability, delivery or installation of parts including but not limited to car batteries, replacement keys, and tires. All parts used and services provided by the service facility must be authorized and paid for by you. All authorized service providers are independent contractors and are not our agents or employees, therefore Way.com, or third-party roadside aggregator, assumes no liability for any damage to the vehicle resulting from the rendering of service or for personal items left in the vehicle. Way.com, or third-party roadside aggregator, is not responsible for incidental or consequential damages as a result of any act of the vendor in rendering service requested by you, which includes but is not limited to any claims for personal injury or damage to property.

Free 100-Point Inspection Benefit:

Way.com has created a network of preferred maintenance and repair shops for its customers. Please use the Way App to redeem this benefit. Way+ Sapphire members are entitled to a complimentary 100-Point Inspection once every twelve (12) months at In-Network locations.

Members will receive a report of the inspected items along with any recommendations for service and repair to the vehicle. Note, additional fee-based diagnostics or repair services will not begin without Member approval.

Way+ Sapphire members have unlimited access to auto repair experts who provide advice and education on vehicle repairs and maintenance. The team is comprised of experienced Dealer and ASE-Certified technicians. Experts can provide advice on maintenance best practices, what might be wrong with the vehicle, expected repair costs, what to ask at the repair shop, trustworthy shop locations, and understanding of repair estimates provided. Please use the Way App to access the helpline. Experts are available Monday - Friday, 9am – 8pm EST.

Experts are not Way.com agents or employees. Further, Way.com in no way makes any representations or guarantees regarding the work that has been or will be performed on your vehicle. No estimates, repairs or services are warranted by Way.com. Information and advice provided by experts about mechanical repairs and services is based upon information provided by you. No oral representations should be relied upon, including any oral statements of the repairing shop

Gas Benefit:

Way+ Sapphire members have access to Gas discount offers through the My Way+ section of the Way App. Offers are available only at In-Network stations and may change at any time. To receive benefit, members must be logged into the app, registered for savings, claim offers and check-in when arriving at the station.

Members of Way+ Sapphire may also gain access to Benefits offered by third parties (“Third- Party Benefits”). Third-Party Benefits through Way+ Sapphire may be modified, revoked, or suspended by Way.com at any time in Way.com’s sole discretion. Marketing descriptions of Third-Party Benefits are provided and approved by the Third-Party provider. The provision of Third-Party Benefits may be subject to separate terms and conditions between you and the Third-Party provider; by agreeing to receive or use Third-Party Benefits you also agree to those separate terms and conditions. In the event of a conflict between those Third-Party Benefit terms and conditions and these Way+ Sapphire Terms, the Way+ Sapphire Terms will prevail on matters pertaining to your rights and obligations with Way.com. Certain charges you incur will be owed directly to the Third-Party provider, in which case Way.com will collect such charges as a limited agent on behalf of such Third-Party provider, which shall satisfy your payment obligation. Way.com does not control the provision of Third-Party Benefits and does not warrant that your use of the Third-Party Benefits will be accurate, complete, reliable, current, secure, uninterrupted, always available, error-free, or will meet your requirements. Way.com does not provide any of the Third-Party Benefits, and disclaims all liability arising from the provision or use of any Third-Party Benefit. Problems or issues with any Third-Party Benefit should be directed to the Third-Party provider.

Way.com reserves the right to immediately suspend or terminate your access to Way+ Sapphire if we suspect that you have engaged in fraudulent or abusive activity. Way.com may, at its sole discretion, limit eligibility and duration of promotional offers.

Way+ Sapphire is non-refundable, has no cash value, is not redeemable for cash (except as required by law), and may not be transferred, exchanged or resold. It is your responsibility to timely cancel Way+ Sapphire if you wish to prevent future charges for your subscription membership, and to review all charges incurred in connection with your subscription membership.

If a Way+ Sapphire member authorizes Way.com to automatically renew the membership, the member is agreeing that: (1) such member is the authorized user of the payment method selected; (2) such member authorizes Way.com to initiate charges to the member's credit card or debits to the member's bank account/debit card automatically (an automatic payment) for any payment method member has on-file with Way.com each month to pay the member's renewal dues up the expiration of the membership, (3) the member's authorization will remain in effect until the member revokes it; (4) the amount of the renewal dues may change from time to time in Way.com's discretion, and will be included on a billing statement or other notice sent to the member before the date on which the dues will be charged or debited; (5) Way.com is authorized to obtain updated or replacement expiration dates and card numbers for the member's credit or debit card as provided by the member's credit or debit card issuer; (6) Way.com may process the charge for your renewal dues on or up to the date the member's monthly membership period is set to expire; and (7) Way.com may attempt to process the payment method on file for an expire membership at its discretion for a period up to, but not exceeding 14 days after renewal date. If renewal payment is still unsuccessful, membership will be canceled.

Way+ Sapphire members must be at least 18 years old. All applications for and renewals of membership are subject to acceptance by Way.com.

Way+ Sapphire may not be combined with other promotions, discounts, or offers, unless such combination is expressly permitted. Membership requires a valid credit card or debit card on file as the default payment method. If your payment method is expired or declined your membership will be suspended and Way.com will prompt you to enter a valid payment method. Taxes apply where applicable. Way.com reserves the right to modify these Way+ Sapphire Terms at any time, effective upon posting to the Way App. In the event of any conflict between these Way+ Sapphire Terms and the Way.com Terms of Service, the Way.com Terms of Service will prevail. Your continued use of Way+ Sapphire following such modification will constitute your agreement of the revised Way+ Sapphire Terms.

By accepting these Membership Terms and Conditions, you are providing us your express written permission and consent authorizing us or our agents to contact you at any phone number (including mobile, cellular, wireless, or similar devices) or email address you provide at any time, for any lawful purpose. The ways by which we may contact you include our partners, automatic telephone dialing systems (auto-dialer), prerecorded message, text/SMS messages, or email. Such lawful purposes include, but are not limited to obtaining information; activation of the membership for verification and identification purposes; account transactions or servicing related matters; suspected fraud or identity theft; collection on the membership account; and providing information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or from any such number or email address, without reimbursement from us.

Warranties and Limitations on Liability: Way+ Sapphire membership is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO WAY+. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR WAY+ MEMBERSHIP.

Class Action Waiver: WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND WAY.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Way.com agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.