Terms of Service.
Last updated: Apr 21, 2022 6:59 PM
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the www.socalautostyle.com Website (the “Website”) operated by So Cal Auto Style, LLC, a(n) Limited Liability Company formed in California, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate So Cal Auto Style, LLC or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
Telephonic and Digital Communications
You acknowledge that telephone calls to or from So Cal Auto Style, LLC may be monitored and recorded and you agree to such monitoring and recording. All representatives of So Cal Auto Style, LLC have access to your calls, emails, and texting communications to help resolve any disputes, enforce rules to respect your privacy, and better tailor services to you.
You verify that any contact information provided to So Cal Auto Style, LLC, including, but not limited to, your name, mailing address, billing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us by texting STOP to any text message or calling us, in accordance with the instructions below.
You agree to indemnify, defend and hold So Cal Auto Style, LLC harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees), including, but not limited to, claims under the Federal Telephone Consumer Protection Act or its state law equivalent, and including claims arising from your voluntary provision of contact information (including a telephone number) that is not your own, your failure to notify us of any changes to your contact information, including telephone number, and/or from your violation of any federal, state or local law, regulation or ordinance. We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You acknowledge that by voluntarily providing your telephone number(s) to So Cal Auto Style, LLC, you expressly agree to receive automated calls and text messages related to pricing and offers, product information, repair orders, estimates, and your account and transaction information. This does not mean that all calls and text messages to you will be sent through automated means. You also agree to be contacted at email and mailing addresses provided by you. Consent to receive automated marketing communication is not a condition of any purchase. Calls or text messages may be sent by So Cal Auto Style, LLC even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for calls or text messages by your telephone carrier and that So Cal Auto Style, LLC is not responsible for these charges.
It is your sole responsibility to notify us if you no longer want to receive automated calls, emails, or text messages. Your consent to receive automated calls, emails, and texts is completely voluntary. You may opt-out of automated calls, emails, or text messages at any time. To opt-out of text messages, reply STOP to any text message you receive or follow other opt-out instructions included with the text message or related disclosures. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated emails, you may select “Unsubscribe” shown towards the end of the message. To opt out of automated calls, you may call our primary telephone number (951) 677-8953 and coordinate with a representative to unsubscribe. Please note that if you opt out of automated calls, So Cal Auto Style, LLC reserves the right to make non-automated calls to you relating to pricing and offers, product information, repair orders, estimates, and your account and transaction information.
Your obligations under this Section shall survive termination of these Terms of Service.
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL SO CAL AUTO STYLE, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF SO CAL AUTO STYLE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure For Intellectual Property Infringement Claims
All contents of this Website are ©2012 – 2022 So Cal Auto Style, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of So Cal Auto Style, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of So Cal Auto Style, LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Ian at [email protected]
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
So Cal Auto Style, LLC
40680 Winchester Rd. Temecula, CA 92591
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the state of California, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Riverside County, California.
YOU AND SO CAL AUTO STYLE, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at [email protected]