Terms and Conditions

This page explains the terms by which you (hereafter referred to as “Client” or “you”) may use our website (ecomobileclean.com) and as the service agreement entered into with EcoMobile Clean LLC. (doing business as EcoMobile Clean) and its car washing and detailing services known as the “Service” or “Services”. In entering or using the Service, you confirm that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the EcoMobile Clean Privacy Policy, whether or not you are a registered user of our Service. This agreement applies to all visitors, users, and others who access the Service (“Client”).

Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Use Of Our Service

A. ELIGIBILITY

You may use the Service only if you can form a binding contract with EcoMobile Clean, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by EcoMobile Clean.

B. VEHICLE SERVICES

EcoMobile Clean obligations. As part of our Service, you may order, and EcoMobile Clean representatives may provide, Services for your vehicle. EcoMobile Clean uses reasonable efforts to ensure that the service will be provided in a professional and satisfactory manner. You understand and agree, however, that EcoMobile Clean does not guarantee that your services will be performed to meet any applicable industry or professional standards. Due to varying conditions a vehicle may be presented in, EcoMobile Clean cannot guarantee to meet the desired preference/expectation of the customer. You agree that time slots are estimates and completion times will vary, depending on the condition of your vehicle. In addition to the latter, the price of services performed may be subjected but not limited to change depending on the condition of your vehicle and the customer’s desired preference.

Services offered will not include the removal of any parts such as, but not limited to, the removal of seats, door panels, spare tire section, underneath the carpet, and so on. You understand and agree that dangerous/poor weather conditions, such as rain/hail, may cause your appointment to be postponed/rescheduled. You hereby acknowledge and agree that EcoMobile Clean’s total liability to you for for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle resulting from a service performed by EcoMobile Clean representatives or your interactions with an EcoMobile Clean representative) will be as is set forth in the Limitation of Liability section below.

Your obligations. If you choose to make a reservation for a Service, then you must (1) verify the location of your vehicle before submitting a service reservation; (2) ensure that the Services are available in your location; (3) leave your vehicle in a location where an EcoMobile Clean representative is authorized to enter and perform the service; and (4) ensure that there is at least a three (3) foot perimeter around all sides of your vehicle to allow EcoMobile Clean representatives to perform the service. You understand that it is your responsibility to remove all valuables from your vehicle before our representatives arrives to service your vehicle or before you drop your vehicle off at our location. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. Failure to adhere to your obligations hereunder may result in our inability to provide you with a service and therefore billed a cancellation fee. In no event will EcoMobile Clean be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this agreement.

C. ONLINE ACCOUNTS

By connecting to EcoMobile Clean with a third-party service like Facebook or Google, you give us permission to access and use your information from that service as permitted by that service. For more information about the types of information we collect from these third-party services and how you can adjust your settings for such services, please review our Privacy Policy.

By providing EcoMobile Clean with your email address and phone number you consent to our use of the email address and phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

D. ONLINE AND MOBILE SERVICE CHANGES

Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason, you continue to be bound by this Agreement.

2. Our Proprietary Rights

EcoMobile Clean Content. Our online Service, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “EcoMobile Clean Content”), and all intellectual Property Rights related thereto, are the exclusive property of EcoMobile Clean and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of EcoMobile Clean Content. Use of the EcoMobile Clean Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place EcoMobile Clean under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, EcoMobile Clean does not waive any rights to use similar or related ideas previously known to EcoMobile Clean, or developed by its employees, or obtained from sources other than you.

3. Paid Services

A. PAYMENT POLICIES

If you elect to purchase a service on or through our online or mobile service, you agree to pay the amount presented on the billing screen. EcoMobile Clean may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. EcoMobile Clean will bill your credit card once we receive notice from our representative that your service is complete.

B. CANCELLATION & LATE ARRIVAL POLICY

You may cancel your service reservation at any time prior to twenty-four (24) hours before the scheduled appointment by contacting us by emailing [email protected] or by phone at 717-745-7330 and leaving a voicemail message. Reservations cannot be cancelled once the EcoMobile Clean representative arrives to service your vehicle, or within twenty-four (24) hours of your scheduled appointment. If a service is cancelled within the aforementioned time, the customer may be charged a $40 cancellation fee. If you as a customer are not at the booked location on time, you may be charged the cancellation callout fee. Failure to provide keys to a vehicle during an appointment may result in a cancellation of the service with a $40 fee. It is always recommended that you contact our office if you have any concerns regarding your appointment time and etc.

C. HAZARDOUS CONDITIONS POLICY

If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment included in our service packages, our service professionals have the right to walk away. Upon such a service, you will be charged a $40 booking fee due to holding your space in our schedule. Hazardous conditions may include, but not limited to, human/pet waste/fluids, sharp objects, needles, weapons, broken glass, insect and pest infestations, toxic spills and so on.

D. REFUNDS

Once the service is completed and your payment has been made, you will not be entitled to a refund for any reason.

E. PAYMENT INFORMATION; TAXES

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transaction or other monetary transaction interactions.

4. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected and used.

5. Security

EcoMobile Clean cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

6. Third-Party Links

A. THIRD-PARTY WEBSITES AND LINKS

The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by EcoMobile Clean. EcoMobile Clean does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and EcoMobile Clean Privacy Policy do not apply to your use of such sites. You expressly relieve EcoMobile Clean from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with, or participation in, promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that EcoMobile Clean shall not be responsible for any loss of any sort relating to your dealings with such advertisers.

B. PHOTO RELEASE AND SOCIAL MEDIA CONTENT

Client grants EcoMobile Clean, its representatives and employees, permission to use and/or publish photographs or videos of Client and property in print and/or electronically. Client understands and agrees that these materials will become the property of EcoMobile Clean and will not be returned. Client hereby authorizes EcoMobile Clean to edit, alter, copy, exhibit, publish, or distribute the photograph or video for purposes of publicizing their programs or for any other lawful purpose. In addition, Client waives the right to any compensation arising or related to the use of the photographs or videos. Client releases and discharges EcoMobile Clean from any and all claims arising out of use of the photos or videos for any lawful purpose such as for publicity, illustration, advertising, and Web content. Additionally, Client grants EcoMobile Clean, and its agents and employees, the irrevocable and unrestricted right to reproduce the photographs and/or video images taken by Client, or family members and property, for the use of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. Client agrees to release EcoMobile Clean and its legal representatives for all claims and liability relating to said images or video. Furthermore, Client grants permission to use Client’s statements that were given during discussion, interview, or other communication, with or without name, for the purpose of advertising and publicity without restriction. Client waives the right to any compensation. In the case of minors, EcoMobile Clean has Client’s permission to use photo or video which may contain any of Client’s child or legal custody with all the permissions outlined above. Client understands that the images may be used in print publications, online publications, presentations, websites, and social media. Client also understands that no royalty, fee, or other compensation shall become payable to Client by reason of such use.

7. Indemnity

You agree to defend, indemnify, and hold harmless EcoMobile Clean and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any Services received by You and performed by EcoMobile Clean representatives; (ii) any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder (including all Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations, and warranties above; (iv) your violation of any third-party right including without limitation any right of privacy or intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

8. No Warranty – Vehicle Detailing and Car Wash

To the maximum extent permitted by applicable law, EcoMobile Clean does not warrant, endorse, guarantee, or assume responsibility for the services hereunder, including the services performed by EcoMobile Clean representatives, or any losses or damages that may result therefrom the service, including our service, are provided to you on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement. Without limiting the foregoing, EcoMobile Clean, its subsidiaries, and its licensors do not warrant that the service is accurate, reliable, or correct; that the service will meet your requirements; or that the service will be available at any particular time or location, uninterrupted or secure. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

 9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall EcoMobile Clean, its affiliates, agents, directors, employees, representatives, suppliers, contractors, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the service, including the services performed by EcoMobile Clean representatives. Under no circumstances will EcoMobile Clean be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, EcoMobile Clean assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from our service, including the services performed by our representatives; (iii) the acts or omissions of our employees, contractors, or representatives performing services on our behalf; (iv) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (v) any delay in the services, including a delay of EcoMobile Clean representatives in performing services; (vi) the failure of EcoMobile Clean representatives to perform services; (vii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall EcoMobile Clean, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amounts you paid to EcoMobile Clean in the last 12 months hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if EcoMobile Clean has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

A. ARBITRATION

For any dispute with EcoMobile Clean, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that EcoMobile Clean has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any EcoMobile Clean claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in the state which the service was performed. Unless you and EcoMobile Clean agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and EcoMobile Clean are each waiving the right to a trial by jury or to participate in a class action.

10. General

A.  ASSIGNMENT

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by EcoMobile Clean without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B.  NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT

EcoMobile Clean may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by EcoMobile Clean in our sole discretion. EcoMobile Clean reserves the right to determine the form and means of providing notifications to our Users provided that you may opt out of certain means of notification as described in this Agreement. EcoMobile Clean is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. EcoMobile Clean may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.

C.  ENTIRE AGREEMENT

This Agreement, together with any amendments and any additional agreements you may enter into with EcoMobile Clean in connection with the Service, shall constitute the entire agreement between you and EcoMobile Clean concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D.  NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EcoMobile Clean’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E.  CONTACT

Please contact us at [email protected] with any questions regarding this Agreement.

F. REVISIONS

This Agreement may be revised, changed, and updated from time to time, at EcoMobile Clean’s discretion and without notice to you, the Client. The latest revision of this Agreement occurred March 29, 2023.