ECO CAR CARE TERMS AND CONDITIONS
This document was last updated on 05/1/2015.
ACCESSING This WEBSITE.
- DESCRIPTION OF PRODUCTS AND SERVICES EcoCarCareUSA.com is providing Customer with the ability to purchase on-site waterless car washing services and related products. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees relate with such connection.
- DISCLAIMER OF WARRANTIES The site is provided by EcoCarCareUSA.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, EcoCarCareUSA.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. EcoCarCareUSA.com shall have no liability for any interruptions in the use of this Website. EcoCarCareUSA.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- LIMITATION OF LIABILITY EcoCarCareUSA.com and Eco Car Care, llc shall not be liable for any damages whatsoever, and in particular for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if they have been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations would be inapplicable.
- INDEMNIFICATION Customer agrees to indemnify and hold EcoCarCareUSA.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Website, the violation of this Agreement, or infringement by Customer, or other user of the Website using Customer’s computer, of any intellectual property or any other right of any person or entity.
- MODIFICATIONS AND INTERRUPTION TO SERVICE EcoCarCareUSA.com reserves the right to modify or discontinue the Website with or without notice to the Customer. EcoCarCareUSA.com shall not be liable to Customer or any third party should EcoCarCareUSA.com exercise its right to modify or discontinue the Website. Customer acknowledges and accepts that EcoCarCareUSA.com does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While EcoCarCareUSA.com makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website. EcoCarCareUSA.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- COMPLIANCE WITH LAWS Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- BOTNETS EcoCarCareUSA.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, EcoCarCareUSA.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion
- WEBSITE ACCESS You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.EcoCarCareUSA.com or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
- ONLINE CONDUCT You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Website. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of ECO CAR CARE, LLC and www.EcoCarCareUSA.com, its Associates, our users and Customers and/or you. We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Website, Website users, our Customers or any rights of ECO CAR CARE, LLC and www.EcoCarCareUSA.com or any third party. Notwithstanding the foregoing, neither ECO CAR CARE, LLC and www.EcoCarCareUSA.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither ECO CAR CARE, LLC and www.EcoCarCareUSA.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Website.
- YOUR CONSENT FOR NOTICES WE SEND You agree that we have the right to send you certain information in connection with the Website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Website or with any subdivisions of the Website. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.
- USAGE BY MINORS This Website is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Website, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Website.
- HOW TO ORDER THROUGH THE WEBSITE After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a service or product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you what you ordered. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
- PRICES AND AVAILABILITY OF PRODUCTS Prices and availability of services and products on the Website are subject to change without notice. Errors will be corrected when discovered. It is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
- QUALITY CONTROL AND INSPECTION An inspection of the Vehicle on behalf of ECO CAR CARE, LLC will be carried out, at the time ECO CAR CARE, LLC takes possession of the Customer’s Vehicle and again after the Vehicle has been cleaned. Weather conditions and cleanliness permitting, damage of any nature will be noted by the Staff prior to redelivery to the Customer of possession of the Vehicle, and the Company will accept no liability whatsoever for any such damage.
- ECO CAR CARE, LLC LIABILITIES Although every reasonable effort shall be made to secure the safety of the Vehicle, ECO CAR CARE, LLC cannot give any guarantee to this effect and the Customer should ensure that the Vehicle (and its contents) has a valid certificate of insurance covering it against third party theft, damage or destruction.
- MOVING AND RELOCATION OF VEHICLE ECO CAR CARE, LLC reserves the right to move a vehicle by driving or otherwise to such extent as the Company or the Staff may in their discretion think necessary to perform services. ECO CAR CARE, LLC accepts no responsibility for: dents; windshield damage; scratches; chips; punctures; or any other damage to any Vehicle, its contents, a Customer’s possessions in the Vehicle or accessories.
- COMPLAINTS; CLAIMS If the Customer believes that there is a complaint or claim against ECO CAR CARE, LLC, such complaint or claim should be communicated to ECO CAR CARE, LLC within 24 hours of discovery of the loss, theft, damage or destruction by giving notice in writing with full particulars to the address of ECO CAR CARE, LLC set forth below.
- REFUNDS We want you to be 100% satisfied with your wash and if you are not, please contact us admin@EcoCarCareFl.com or 954-944-2906. If you would like a refund due to an unsatisfactory job please contact us immediately.