These Terms of Use were last updated on September 7th, 2023.
Envy Detailing LLC. (“Envy Detailing”) operates its website, located at www.envydetailing.com, (the “Envy Detailing Website”). To make these Terms of Use easier to read, the Envy Detailing website will be referred to as “Site.” The auto detailing, washing and other services provided by Envy Detailing are referred to as the “Services.” Please read the following Terms of Use carefully before using the Services.
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 Envy Detailing, 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. Envy Detailing reserves the right to modify these Terms of Use at any time without prior notice.
You agree that each use of the Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
a. Scope. Envy Detailing grants you permission (which may be revoked at any time for any reason or no reason) to use the Site 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 Site, except as specifically noted above. Except as specifically authorized by Envy Detailing, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. Envy Detailing 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 Site or any content contained therein, whether in whole or in part, without prior written consent from Envy Detailing. You may like or follow Envy Detailing or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
b. User Conduct. You agree that your use of the Site is subject to all applicable local, state and federal laws and regulations. You also agree:
Nature of User Material. At times, the Site may allow you 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 Envy Detailing or its partners (collectively, “Submissions”). You agree not to create any Submission that:
a. User Representations and Warranties. Each time you provide a Submission to the Site, you represent and warrant that you have the right to provide such Submission, which means:
b. User License Grant to Envy Detailing. You grant Envy Detailing, 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 Envy Detailing 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 Envy Detailing to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Get Spiffy and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Envy Detailing's Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and Envy Detailing®’s provision of Services to you. You also grant Envy Detailing 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 Envy Detailing 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 Site, without compensation of any sort to you. Envy Detailing does not claim ownership of Submissions.
c. Disclaimer of Responsibility for Material. Submissions are not endorsed by Envy Detailing, and do not represent the views of Envy Detailing or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Envy Detailing does not control all Submissions, and disclaims any responsibility for such Submissions. Envy Detailing specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Envy Detailing does not represent or warrant that any other content or information accessible via the Site 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. Envy Detailing assumes no responsibility or liability for any errors or omissions in the content provided via the Site.
d. Review & Removal of Material. Envy Detailing 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.
e. Proprietary Rights. You acknowledge and agree that the Site 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 Envy Detailing. 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 Site are reserved.
Envy Detailing 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 Site (or any part thereof).
You agree to indemnify and hold Envy Detailing, 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 Site, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Use, and any other acts or omissions relating to your purchase of Services.
The information, content, products, services, and materials available through the site (whether provided by Envy Detailing, 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, Envy Detailing 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.
In no event shall Envy Detailing be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if Envy Detailing 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 Envy Detailing. Envy Detailing 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. Envy Detailing 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 site, as well as any third party website pages or additional websites linked to via the site, 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 Envy Detailings 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 Envy Detailing exceed the amount paid by you to Envy Detailing.
You and Envy Detailing 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 Envy Detailing 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 Section 7.
Use of Site requires that you register and/or create an account (“Account”) or use the Site 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 Site and the Services provided by Envy Detailing, 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 Envy Detailing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Envy Detailing has the right to refuse any and all current or future use of the Site (or any portion thereof) 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 Envy Detailing 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. Envy Detailing 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.
As a courtesy to you, the Site may offer links to other websites. Some of these websites may be affiliated with Envy Detailing while others are not. Envy Detailing is not responsible for the contents of any website pages created and maintained by organizations independent of Envy Detailing. Visiting any such third-party website pages is at your own risk. Envy Detailing 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 independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Envy Detailing. By using the Site you acknowledge that Envy Detailing is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Envy Detailing®, is an Envy Detailing trademark. Such trademark and other marks, logos, and names of Envy Detailing or the Site, used on or in connection with the Site may not be used in connection with any product or service that is not under Envy Detailing'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 Envy Detailing. All other trademarks not owned by Envy Detailing (or its affiliates) that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Envy Detailing or its affiliates.
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 Site and receipt or use of data, content, products and/or Services through the Site.
This Site is created and controlled by Envy Detailing in the State of Virginia, 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 Virginia, without regard to its conflicts of law provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Envy Detailing makes no claims or assurances that the Site 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 Site must be filed in a federal or state court located in Springfield, Virginia 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.
a. 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.
b. Entire Agreement. Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Site, these Terms of Use, which hereby incorporate by reference the terms of Envy Detailing's Privacy Policy, constitute the entire agreement between you and Envy Detailing, superseding all prior agreements regarding the Site. Envy Detailing 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 Site 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 Site and purchasing Services.
c. No Waiver. The failure of Envy Detailing 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.
d. 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.
e. Contact Envy Detailing. For questions regarding these Terms of Use, contact us at www.envydetailing.com
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