TERMS OF USE

Last Updated: December 2024

1. Acceptance of Terms

By accessing, browsing, or using the Five Class Automotive Detailing website (the "Website"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms") and all applicable laws and regulations, including but not limited to federal consumer protection laws and Oregon's Unfair Trade Practices Act (ORS 646.605 et seq.). These Terms are subject to applicable federal and state regulations governing website usage, electronic communications, and consumer protection. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website.

2. Website Use and Access

2.1 Permitted Use

You may use the Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Five Class Automotive Detailing, an employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or in any way that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website

2.2 Account Security

If you are provided with a user account, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You are responsible for all activities that occur under your account.

3. Quote Request Form and Consent to Contact

3.1 Form Interaction and Submission

By interacting with, completing, and submitting a quote request form on this Website, including clicking any confirmation button such as "Get My Quote" or similar submission button, you expressly acknowledge, consent, and agree to the following:

  • You are voluntarily requesting information, quotes, or services from Five Class Automotive Detailing
  • You consent to be contacted by Five Class Automotive Detailing using the communication methods and preferences you have selected in the form
  • Your consent to be contacted is based on the specific communication preferences you have indicated in the form, including but not limited to SMS/text message notifications and marketing communications
  • You understand that by submitting the form, you are initiating a business relationship with Five Class Automotive Detailing
  • You consent to receive communications related to your quote request, service inquiries, appointment scheduling, service confirmations, and related business communications

3.2 Communication Consent Scope

Your consent to be contacted extends to:

  • Phone calls (voice) to the phone number you provide
  • Email communications to the email address you provide
  • SMS/text messages to the phone number you provide (if you have selected SMS notifications)
  • Marketing communications (if you have consented to marketing messages)
  • Service-related communications, appointment reminders, and follow-up communications

3.3 Withdrawal of Consent

Pursuant to the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and the TCPA (47 U.S.C. § 227), you may withdraw your consent to be contacted at any time by:

  • Replying "STOP" to any SMS/text message, as required by TCPA regulations
  • Clicking the unsubscribe link in any email, as required by CAN-SPAM Act requirements
  • Contacting us directly at tyskidmore90@gmail.com or (541) 214-5352

Please note that withdrawing consent for marketing communications does not affect our ability to contact you regarding active service requests or appointments, which are transactional communications permitted under applicable regulations.

4. User Information and Accuracy

You agree to provide accurate, current, and complete information when using the Website, including when submitting quote request forms. You are responsible for maintaining the accuracy of your information and for updating it as necessary. Five Class Automotive Detailing is not responsible for any errors or delays in responding to your requests that result from inaccurate or incomplete information provided by you.

5. Intellectual Property Rights

5.1 Ownership

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Five Class Automotive Detailing, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial use only. This license does not include any right to:

  • Reproduce, duplicate, copy, sell, or resell any portion of the Website
  • Use any data mining, robots, or similar data gathering or extraction methods
  • Modify, adapt, translate, or create derivative works based on the Website
  • Remove any copyright, trademark, or other proprietary notices from the Website

6. Prohibited Uses

You may not use the Website or any content on the Website:

  • For any commercial purpose without our express written consent
  • To gather information about other users for any purpose
  • To interfere with or disrupt the Website or servers or networks connected to the Website
  • To violate any applicable local, state, national, or international law
  • To transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature

7. User Content

If you submit, post, or transmit any content through the Website (including reviews, comments, or feedback), you grant Five Class Automotive Detailing a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIVE CLASS AUTOMOTIVE DETAILING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIVE CLASS AUTOMOTIVE DETAILING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVE CLASS AUTOMOTIVE DETAILING, ITS OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE.

10. Links to Third-Party Websites

The Website may contain links to third-party websites or services that are not owned or controlled by Five Class Automotive Detailing. Five Class Automotive Detailing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Five Class Automotive Detailing shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Five Class Automotive Detailing, its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.

12. Modifications to Terms

Five Class Automotive Detailing reserves the right to modify these Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

13. Termination

Five Class Automotive Detailing reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website, with or without notice, for any reason, including, without limitation, breach of these Terms.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. These Terms are subject to Oregon's Unfair Trade Practices Act (ORS 646.605 et seq.) and other applicable Oregon consumer protection statutes. Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in Lane County, Oregon, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. Nothing in these Terms shall limit or waive any rights or remedies available to consumers under applicable federal or state law.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy and Terms of Service, constitute the sole and entire agreement between you and Five Class Automotive Detailing regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

17. Contact Information

If you have any questions about these Terms of Use, please contact us:

Five Class Automotive Detailing
29 N J St
Cottage Grove, OR 97424
Email: tyskidmore90@gmail.com
Phone: (541) 214-5352