This site is maintained as a service to our customers. By using this site, you agree to comply
with and be bound by the following terms and conditions of use as set forth in Section Two
of This Agreement.
In addition, if you book an appointment with Scenic City Mobile Oil, LLC (“SCMO”) for
any of the Services (as defined on the website page located at _________), you additionally
Please review these terms and conditions carefully. If you do not agree to these terms and
conditions, you should not use this site.
Cancellation, Rescheduling, & Refund.
SCMO will collect payment in advance of
performing the Services.
Cancellations more than 2 days in advance of the scheduled date of the Services will be
refunded in full. Cancellations less than 2 days in advance of the scheduled date of the
Services are subject to a $10 fee.
Appointments may be rescheduled for another time for no added charge.
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, or
other factors, will be rescheduled free of charge.
Payment. SCMO accepts payments via a secure third-party processor. SCMO provides a link
to access this payment system. SCMO retains customer vehicle, address, and contact info to
support future services but does not save customer payment information. The third-party
payment processor is responsible for protecting the security of payment data in its 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.
All payment must be rendered online before services are rendered.
Limitation of Liability for Services Performed, Waiver of Jury Trial, and Jurisdiction.
If Services are performed, then the limit of SCMO’s liability for the Services shall be the
greater of $100.00 or the value of the Services performed as identified by the Payment made
for the Services. Further, SMCO is only liable for direct damages (subject to the limitation of
liability) and in no event is SMCO liable for indirect, consequential, attorneys’ fees or costs,
or any remote damages.
Further, by allowing SMCO to perform the Services, you hereby voluntarily waive your right
to a jury trial for any claims related to the Services and you consent to the exclusive
jurisdiction of the Courts located in Hamilton County, Tennessee.
Authorization to Enter Private Property.
By scheduling an appointment with SCMO, you
authorize SCMO’s technicians to enter the private property for the purposes of performing
the Services. It is your sole responsibility to arrange any additional permissions required. If
the SCMO technician is unable to access your vehicle, the Services will not be performed,
and the payment will not be refunded. SCMO cannot perform automotive service on public
property, including, but not limited to, streets, parks, or municipal lots.
Limitation of Warranty. The limited warranty provided in this Agreement is the sole and
exclusive warranty regarding the Services. SCMO does not warrant the goods used in its
performance of the Services. SCMO only warrants that the Services performed will be
professional and done in a manner consistent with someone of similar skill as SCMO’s
THE WARRANTY PROVIDED IN THIS SECTION AND THE OBLIGATIONS AND
LIABILITIES OF SCMO THEREUNDER ARE EXCLUSIVE AND IN LIEU OF AND
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE
(INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF SCMO WITH
RESPECT TO FITNESS, MERCHANTABILITY AND CONSEQUENTIAL DAMAGES)
OR WHETHER OR NOT OCCASIONED BY SCMO’S NEGLIGENCE. THIS
WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A
WRITTEN INSTRUMENT SIGNED BY SCMO. SCMO WILL NOT BE LIABLE FOR
ANY CONSEQUENTIAL DAMAGES OF WHATSOEVER KIND OR NATURE..
This Term of Use agreement (“the “Agreement”) specifies the Terms and
Conditions for access to and use of [website address] (the “Site”) and describe the terms and
conditions applicable to your access of and use of the Site. This Agreement may be modified
at any time by SCMO upon posting of the modified Agreement. Any such modifications
shall be effective immediately. You can view the most recent version of these terms at any
time at [website address]. Each use by you shall constitute and be deemed your unconditional
acceptance of this Agreement.
All content included on this site is and shall continue to be the property of
SCMO or its content suppliers and is protected under applicable copyright, patent, trademark,
and other proprietary rights. Any copying, redistribution, use or publication by you of any
such content or any part of the Site is prohibited, except as expressly permitted in this
Agreement. Under no circumstances will you acquire any ownership rights or other interest
in any content by or through your use of this Site.
[Trademark], [trademark], [trademark], and others are either trademarks or
registered trademarks of SCMO. Other product and company names mentioned on this Site
may be trademarks of their respective owners.
SCMO grants you a limited, revocable, nonexclusive license to use this site solely
for your own personal use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other use. You agree not to copy materials on the
site, reverse engineer or break into the site, or use materials, products or services in violation
of any law. The use of this website is at the discretion of SCMO who may terminate your use
of this website at any time.
Compliance with Laws.
You agree to comply with all applicable laws regarding your use of
the website. You further agreed that information provided by you is truthful and accurate to
the best of your knowledge.
You agree to indemnify, defend and hold SCMO and our partners,
employees, and affiliates, harmless from any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS
AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE
RISK. SCENIC CITY MOBILE OIL, LLC DISCLAIMS ALL WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES,
STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW
LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE
SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SCENIC CITY MOBILE
OIL, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF
BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT
OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE
CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO
CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not
allow the exclusion of implied warranties, or the exclusion or limitation of certain damages.
If these laws apply to you, the exclusions or limitations in this Agreement that directly
conflict with such laws may not apply to you.
Use of Information.
SCMO reserves the right, and you authorize us, to use and assign all
information regarding site uses by you and all information provided by you in any manner
You agree that the laws of the state of Tennessee, without regard to
conflicts of laws provisions will govern these Terms and Condition of Use and any dispute
that may arise between you and SCMO or its affiliates. Any dispute related to this Agreement
may only be brought in Hamilton County, Tennessee.
Severability. If any provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full force and
The failure of SCMO to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. Any waiver of this
Agreement by SCMO must be in writing and signed by its authorized representative
Termination. SCMO may terminate this Agreement at any time, with or without notice, for
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site
shall be construed to constitute either party as a partner, joint venturer, employee or agent of
the other party, nor shall either party hold itself out as such. Neither party has any right or
authority to incur, assume or create, in writing or otherwise, any warranty, liability or other
obligation of any kind, express or implied, in the name of or on behalf of the other party, it
being intended by both parties that each shall remain independent contractors responsible for
its own actions.
SCMO and governs the terms and conditions of your use of the Site, and supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between you and SCMO with respect to this Site. Notwithstanding the foregoing, you may
also be subject to additional terms and conditions, posted policies (including but not limited
determine if any changes have been made. Your continued use of this website after any
Scenic City Mobile Oil, LLC