TERMS OF SERVICE

1. Introduction

Last updated 9/19/2024

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required to be "legalese".

Satisfaction Guarantee
The heart of Nomad Mobile Oil LLC is to provide you the best possible experience with every service. If for any reason you are not satisfied with the service(s) or experience you received, we will make it right. Please don’t hesitate to reach out to us (see contact details at end).

2. Your Acceptance of this Agreement
These terms of service are entered into by and between You and Nomad Mobile Oil LLC. ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of www.nomadmobileoil.com, including any content, functionality, and services offered on or through www.nomadmobileoil.com (the "Website").

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein. If you do not want to agree to these Terms of Service, you must not access or use the Website.

You must be at least 13 years old to use this Website. However, children of all ages may use the Website if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian's permission to use the Website. Please have them read these Terms of Service with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

4. Your Responsibilities
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY.

5. Prohibited Activities
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack 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.

6. Intellectual Property Rights
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 the Company, 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.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:
- Modify copies of any materials from this site.
- Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Our Rights
We have the right, without provision of notice to:
- Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

9. Online Orders
All orders, purchases or transactions for the sales of goods, services, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:
- You may not order or obtain goods, services, digital products or information from this Website if you: (i) are prohibited from accessing or using this Website or any of this Website's contents, goods, services, digital products or information by applicable law or (ii) you are outside the geographic region where the services, goods, services, digital products or information are available for purchase;
- You agree that your order is an offer to buy, under these Terms of Service, all services, goods, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, services, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items/services you have ordered; and
- All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for a goods, services, digital products or information will be the price and currency advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated in the shopping cart before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for quart quantity overages. All such taxes and charges will be added to your total pricing and will be itemized in your invoice at time of service. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Where an order indicates a service is being purchased:
- All uses on this Website of the terms "sell", "sale", "resell", "resale", "purchase", "price", and the like mean the purchase or sale of a service;
- Each good, service, digital product or information marketed as such on this Website is made available solely for sale, to you and other prospective customers under the terms, conditions, and restrictions of the license Terms of Service posted with or made available to you;
- You will comply with all terms and conditions of the applicable Terms of Service for any goods, services, digital products or information you obtain through this Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of service Terms of Services for the goods, services, digital products or information; and
- Nothing in these Terms of Service grants any right, title, or interest in or to (including any service under) any intellectual property rights in or relating to, the good, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, service, digital product or information are and will remain with Company or its licensors, as applicable.

Service Delivery:
- We will arrange for the date and time of delivering your ordered services to you. Please check the individual product page/booking site for specific appointment options.
- Appointment times and dates are estimates only and cannot be guaranteed.

10. Payment and Fees
You may be required to purchase or pay a fee to access our services. Nomad Mobile Oil LLC accepts payments via a secure third-party processor called “Stripe” in order to provide maximum security of customers’ financial data. We provide a secure environment in which to access this payment system. Our third-party booking software retains customer payment card, vehicle, address, and contact info to support future services and to complete transactions where a deposit was made to book appointment(s) online. Customer payment information is tokenized and sent off-site to process any current and future payments to Nomad Mobile Oil LLC.

“Stripe” is responsible for protecting the security of Payment Data in their possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you that is stored on their servers from unauthorized access and accidental loss or modification.

You can view Stripe’s Terms of Use and Privacy Policy at www.stripe.com/. However, Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD.

You agree to pay all charges or fees at the prices shown on the day-of-service invoice then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

11. Cancellation, Rescheduling, and Refund Policy
Nomad Mobile Oil LLC may collect a partial or full payment from you in advance of service. Paying in advance allows us to secure your appointment time and purchase required vehicle-specific materials. Some customers will pay in full in advance; others will pay a preset partial amount of the proposed total (before taxes, fees, and quart overages). Final payment will automatically be collected when service is completed.

Cancellations more than 48 hours in advance will be refunded in full.

Cancellations less than 48 hours but more than 24 hours in advance will result in forfeiture of 50% of the partial payment that was charged during the booking process.

Cancellations less than 24 hours in advance will result in forfeiture of 100% of the partial payment that was charged during the booking process.

Appointments may be rescheduled for another date and time for no added charge. While we’re happy to offer this, we kindly ask that you request to reschedule at least 48 hours in advance of your scheduled appointment. The sooner you reschedule your appointment, the better chance we’ll have a slot available for you.

Every effort will be made to honor the customer’s appointment window. Appointments that cannot be completed as scheduled due to traffic, delays at other appointments, weather, an Act of God event, or other factors, will be rescheduled free of charge.

12. Disclaimers, Liability and Indemnification
Due to the nature of being a mobile service, Nomad Mobile Oil LLC provides maintenance to specific vehicle components, not all. No guarantee is made that problems with vehicle components outside of the ordered service will be identified or addressed. By using our service(s), you agree that Nomad Mobile Oil LLC will not be held liable for vehicle problems outside the scope of the ordered service. Vehicle components outside the scope of the service(s) we perform that malfunction following our service are the sole responsibility of the customer. We do not remove or open the caps to any fluids and/or reservoirs in the vehicle except for the ones necessary for an oil change as well as the windshield wiper fluid. Parts and labor provided by us are guaranteed for 6 months, exclusive of wear-and- tear items.

Nomad Mobile Oil LLC is not liable for any faulty pre-existing conditions or damages on a vehicle we service. An example of this would be a stripped oil drain plug upon our arrival, or, removing an oil drain plug to find that the previous person(s) who tightened it stripped out the threads.

Every effort will be made to identify unknown vehicle problems during a visual inspection and notify the customer. This service is provided as a courtesy to the customer and does not constitute any guarantee of a vehicle's overall condition or state of repair. Nomad Mobile Oil LLC’s services seek to maintain and prolong the operation of vehicle components. We are not liable for any damage or injury resulting from an accident or malfunction of safety or control systems.

We employ experienced technicians and utilize the latest maintenance technology to deliver premium automotive care while taking every precaution to prevent damage to vehicles, property, and the environment.

Authorization to Enter Property
By scheduling an appointment with Nomad Mobile Oil, we assume you have confirmed permission for us to be on/in the assigned property. You authorize the technician to enter the private property for the purposes of performing our service(s). It is the sole responsibility of the customer to arrange all permissions required, such as from security staff, landlord, or office facility. If the technician is unable to access the vehicle, the upfront partial payment made for the appointment will not be refunded.

Waiting Period for Customer Vehicles
If, upon our arrival at appointment time, we cannot access the vehicle or make contact with you, we will wait a maximum of 15 minutes before canceling the appointment. The cancellation from this type of event will result in forfeiture of the upfront partial payment made for the appointment.

Insurance
Nomad Mobile Oil LLC is fully licensed and insured in the state of Arizona. Our insurance policy covers your vehicle while it is in our care.
We are not currently insured to perform oil changes or automotive maintenance on Class A Motorhomes, Off-Road UTVs/ATVs, buses, boats, motorcycles, or heavy duty trucks. The scope of our insurance pertains to passenger vehicles, passenger light-duty trucks, and passenger heavy-duty trucks (think 1-ton pickups).

Resetting Oil Maintenance Indicator
Nomad Mobile Oil LLC will reset the oil maintenance light/indicator/tracker on your vehicle after every oil change, if possible. We do not utilize OBD-II or dealership level automotive computers. Some higher end luxury vehicles require the use of a dealer computer to reset the oil maintenance indicator, which we are unable to do. If this situation arises, we will let you know.

Capture of Photo, Video, and Other Media
By using our services, you permit employees and technicians of Nomad Mobile Oil LLC to capture photo, video, audio, and other media of your vehicle(s) and/or property for any reason. These reasons include but are not limited to: marketing, liability, advertising, internal analysis, and social media. While we will try our best to exclude any personally identifiable information in captured content, we cannot guarantee that all will be free of such.

13. Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, which can be found here http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 U.S.C. § 512(c)(3), we will respond expeditiously to claims of copyright infringement committed using the Company Website if such claims are reported to Company’s Designated Copyright Agent identified below.

If you are a copyright owner or authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Website by completing a DMCA Notice of Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action in our sole discretion as we deem appropriate, including removal of the challenged content from the Website. Please note that if you fail to comply with all of the requirements of this section and of 17 U.S.C. § 512(c)(3), your DMCA notice may not be valid.
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by your Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
--> "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
--> "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:

3101 N. Central Ave, STE 183 #3974
Phoenix, AZ 85012

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder's agent, or pursuant to law, to post and use the material in your content, you may send a counter-notice containing the following information to Nomad Mobile Oil LLC’s Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against Nomad Mobile Oil LLC or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.

Nomad Mobile Oil LLC does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Nomad Mobile Oil LLC or of others. Nomad Mobile Oil LLC reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of Nomad Mobile Oil LLC or others. Nomad Mobile Oil LLC reserves the right to define the criteria by which Nomad Mobile Oil LLC will determine that a person is a 'repeat infringer.' In the event that 'repeat infringer' is defined by statute, law, or regulation as applicable to 17 U.S.C. § 512, Nomad Mobile Oil LLC will adopt that definition as a minimum standard. Without limiting Nomad Mobile Oil LLC’s right to define 'repeat infringer,' as a general rule, Nomad Mobile Oil LLC will define a 'repeat infringer' as any person or entity about whom Nomad Mobile Oil LLC has received two or more DMCA Notices of Alleged Infringement. Nomad Mobile Oil LLC will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.

REGARDLESS OF WHETHER NOMAD MOBILE OIL LLC TERMINATES ACCESS AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, 'REPEAT INFRINGER' OR OTHERWISE, NOMAD MOBILE OIL LLC IN NO WAY WAIVES ANY RIGHT TO PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR WILL NOMAD MOBILE OIL LLC INDEMNIFY OR PROVIDE LEGAL REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE ALLEGED INFRINGER’S USE OF ANY NOMAD MOBILE OIL LLC WEBSITE OR SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

14. Privacy Policy
Nomad Mobile Oil LLC will use your personal information (name, email, phone number, vehicle information, and address information) only for the purpose of delivering our services you sign up for and reminders for future maintenance services. Your personal information will not be shared with or sold to any other parties.

15. Governing Law
The Website and these Terms of Service will be governed by and construed in accordance with the laws of Arizona and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of Arizona, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

16. Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

17. Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

18. Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

19. Notice
We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Nomad Mobile Oil LLC, 3101 N. Central Ave, STE 183 #3974 Phoenix, AZ 85012. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

20. Contact
You can contact us anytime during business hours via:
Phone: (480) 788-3787
Email: info@nomadmobileoil.com
or the contact form on our website.