Terms and Conditions

EcoDelux LLC operates its website, located at www.ecodelux.net, (the “EcoDelux Site”) and provides the mobile app known as EcoDelux (the “App”). To make these Terms of Use easier to read, the EcoDelux Web Site and the App are referred to as the “Sites.” The auto washing and other services provided by EcoDelux are referred to as the “Services.” Please read the following Terms of Use carefully before using the Services.

APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By viewing, using, accessing or browsing any content made available on the Sites, or submitting any content to the Sites, you agree to these Terms of Use as a binding legal agreement between you and EcoDelux, without limitation or qualification. The term “you” or “You” shall refer to any person or entity that views, uses, accesses, browses or submits any content or material in connection with use of the Sites.

If you do not agree to these Terms of Use, then you may not use the Sites. EcoDelux reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each use of the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

1. USER LICENSE

1. Scope. EcoDelux grants you permission (which may be revoked at any time for any reason or no reason) to use the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by EcoDelux, you may not deeplink to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. EcoDelux reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from EcoDelux. You may like or follow EcoDelux or share links to the Sites via social networking technology referenced on the Sites. Any rights not expressly granted herein are reserved.
2. User Conduct. You agree that your use of the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:
   • not to use the Sites or the Services or submit content to the Sites if you are under the age of 18;
   • not to access the Sites using a third-party’s account/registration without the express consent of the account holder;
   • not to use the Sites of the Services for illegal purposes;
   • not to use the Sites to engage in commercial activities apart from sanctioned use of EcoDelux Services;
   • not to copy any content from the Sites for republication in print or online;
   • not to attempt to gain unauthorized access to other computer systems from or through the Sites;
   • not to interfere with another person’s use and enjoyment of the Sites or another entity’s use and enjoyment of the Sites;
   • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
   • not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our partners).

2. SITE CONTENT

Nature of User Material. At times, the Sites may allow and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, reviews of the Services offered by EcoDelux or its partners (collectively, “Submissions”). You agree not to create any Submission that:

• contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
• is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
• unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites;
• is intended primarily to promote a cause or movement, whether political, religious or other;
• contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
• constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
• discloses any personal identifying information relating to or images of a minor;
• infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
• contains viruses or other harmful, disruptive or destructive files;
• links to any commercial or other website; and/or
• is not otherwise in compliance with these Terms of Use.

1. User Representations and Warranties. Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
   
   • you are the author of the Submission, or
   • the Submission is not protected by copyright law, or
   • you have express permission from the copyright owner to use the Submission in connection with the Sites; and
   • you have the right to grant EcoDelux the license set out in these Terms of Use;
   • your use of the Sites and Submission(s) do not violate these Terms of Use.
2. User License Grant to EcoDelux. You grant EcoDelux, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to EcoDelux in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize EcoDelux to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant EcoDelux and its and related entities the right to use any Personally Identifiable Information (as that term is defined in EcoDelux’s Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and EcoDelux provision of Services to you. You also grant EcoDelux the right to use the Submission and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Submission or communication you send to EcoDelux for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. EcoDelux does not claim ownership of Submissions.
3. Disclaimer of Responsibility for Material. Submissions are not endorsed by EcoDelux, and do not represent the views of EcoDelux or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that EcoDelux does not control all Submissions, and disclaims any responsibility for such Submissions. EcoDelux specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, EcoDelux does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the pricing, hours of operation or, as applicable, parking accessibility available from its partners. Prices are subject to change without notice. EcoDelux iffy assumes no responsibility or liability for any errors or omissions in the content provided via the Sites.
4. Review & Removal of Material. EcoDelux reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions for any reason or no reason whatsoever, in its absolute and sole discretion.
5. Proprietary Rights. You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of EcoDelux. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Sites are reserved.

3. TERMINATION AND MODIFICATIONS TO THE SITES

EcoDelux reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Sites (or any part thereof).

4. INDEMNITY

You agree to indemnify and hold EcoDelux, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to your purchase of Services.

5. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY EcoDelux, OR A THIRD PARTY, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EcoDelux DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

6. SCHEDULING RULES

6.1 We are not responsible for any damage or scratches that may occur during the detailing process. While we take every precaution to ensure the safety of your vehicle, there is always a risk of accidental damage.

6.2 We are not responsible for any missing personal items that may be in your vehicle during the detailing process. We recommend that you remove all personal items from your vehicle prior to our arrival.

6.3 By scheduling an appointment with us, you agree to release us from any liability for any damages, scratches, or missing personal items that may occur during the detailing process.

6.4 We reserve the right to refuse service to any vehicle that we believe may be at risk of damage during the detailing process.

6.5 In the event that damage does occur during the detailing process, we will work with you to find a solution and resolve the issue as quickly as possible.

7. PAYMENT AGREEMENT

By scheduling an appointment with us for detailing services, you agree that the payment made after the completion of the cleaning is non-refundable. Once the services have been completed, no refunds will be issued for any reason, including but not limited to dissatisfaction with the quality of the services provided. We strive to provide excellent service to all of our customers, and we will work with you to address any concerns or issues you may have. However, once the services have been completed and payment has been made, the transaction is considered final and non-refundable.If you have any questions or concerns about this policy, please feel free to contact us prior to scheduling your appointment. We appreciate your business and look forward to serving you.

8. LIMITATION OF LIA ABILITY

IN NO EVENT SHALL EcoDelux BE ABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF EcoDelux HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE SITES OR THE SERVICES PROVIDED BY EcoDelux. EcoDelux ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM VIA THE SITES. EcoDelux ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, AUTO WASHING OR DETAILING SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO VIA THE SITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EcoDelux’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, FOR ALL SERVICES PROVIDED BY EcoDelux EXCEED THE AMOUNT PAID BY YOU TO EcoDelux.

YOU AND EcoDelux AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED FOR BASES OF THESE TERMS OF USE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE. YOU AND EcoDelux AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.

9. YOUR ACCOUNT, PASSWORD, AND SECURITY

Use of Sites requires that you register and/or create an account (“Account”) or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites and the Services provided by EcoDelux, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EcoDelux has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EcoDelux has the right to refuse any and all current or future use of the Sites (or any portionthereof) or Services.

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify EcoDelux of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. EcoDelux will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

10. LINKS

As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with EcoDelux while others are not. EcoDelux is not responsible for the contents of any website pages created and maintained by organizations independent of EcoDelux. Visiting any such third-party website pages is at your own risk. EcoDelux has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after an independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by EcoDelux. By using the Sites you acknowledge that EcoDelux is responsible neither for the availability of, nor the content located on or through any third-party website pages.

11. TRADEMARKS

EcoDelux ™, is a EcoDelux trademark. Such trademark and other marks, logos, and names of EcoDelux or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under EcoDelux’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits EcoDelux. All other trademarks not owned by EcoDelux (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EcoDelux or its affiliates.

12. CONSIDER ACTION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or Services through the Sites.

13. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

This Site is created and controlled by EcoDelux in the State of North Carolina, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. EcoDelux makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Raleigh, North Carolina within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

14. GENERAL

1. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
2. Entire Agreement. Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of EcoDelux’s Privacy Policy, constitute the entire agreement between you and EcoDelux, superseding all prior agreements regarding the Sites. EcoDelux may change these Terms of Use at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date. You agree that you will check for new versions of these Terms of Use. By continuing to access and/or use the Sites and/or purchase Services following the posting of new Terms of Use, you agree to be bound by the then-current version. If you do not agree to the terms of the new version of the Terms of Use, you agree to stop using the Sites and purchasing Services.
3. No Waiver. The failure of EcoDelux to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

4. Headings & Construction.

   The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

5. Contact EcoDelux. For questions regarding these Terms of Use, contact us at www.ecodelux.net .