TERMS OF SERVICE

By completing our inspection form online and/or purchasing by phone you are agreeing to be bound by the terms of service. There are no implied or express warranties or guarantees of any kind in connection with this vehicle inspection. The vehicle inspection is intended solely as an "evaluation" of said vehicle's condition at the time and date of examination. ProMobile Automotive specifically disclaims any liability for any loss or damage arising in connection with ownership or operation of said vehicle AND further disclaims any liability of any hidden wreck, flood damage or tampered components not readily apparent. The items visually inspected were in the reported condition listed in the report at the time of the inspection only. Further disclaimed is any liability for any damage or defects not found during this inspection. Other conditions may exist which did not occur or appear during inspection. The report is for information only and is not to be considered a recommendation for or against the purchase of the inspected vehicle. Therefore, any liability is strictly limited to the amount charged for this report. You unconditionally agree to the foregoing terms by ordering and consenting to this inspection process.

• Dispute resolution
  1. Right to Cure Prior to instituting any proceeding against Promobile Automotive as set forth below, you agree to provide us with written notice [see paragraph 12] detailing your complaint about our services and give us at least thirty (30) calendar days to fix the problem.
  2. Mediation Upon expiration of the cure period set forth above, you agree to attempt to resolve any dispute with Promobile Automotive through non-binding mediation. Mediation shall occur at a location of Promobile Automotive’s choosing in Houston, Texas. No other legal or administrative proceedings between you and Promobile Automotive shall be instituted without first attempting to resolve the involved claims through mediation. The parties shall pay their respective costs and expenses of mediation. Your failure to mediate any dispute prior to pursuing any other legal or administrative proceedings will constitute an acknowledgment on your part of a waiver of your claim(s) against Promobile Automotive.
  3. Litigation, Applicable Law, and Waivers You agree that any action relating to this agreement or Promobile Automotive’s services, shall be construed under the laws of the State of Texas, and that any such action shall be instituted and prosecuted in either the federal or state courts located in the County of Harris, State of Texas. Both you and Promobile Automotive waive the right to seek a change of venue. Both you and Promobile Automotive waive the right to a jury trial in any such litigation.
• LIMITATION OF LIABILITY BECAUSE PROMOBILE AUTOMOTIVE IS NOT THE SELLER OR MANUFACTURER OF THE VEHICLE OR ITS PARTS, AND BECAUSE A PROMOBILE AUTOMOTIVE INSPECTION IS NOT A SUBSTITUTE FOR A MECHANICAL INSPECTION OF THE VEHICLE USING DIAGNOSTIC EQUIPMENT AND TOOLS, YOU AGREE THAT PROMOBILE AUTOMOTIVE’S LIABILITY IS LIMITED TO REFUNDING THE PRICE YOU PAY FOR THE PROMOBILE AUTOMOTIVE INSPECTION IN THE EVENT YOU ARE DISSATISFIED WITH PROMOBILE AUTOMOTIVE’S SERVICE, OR INJURIES OCCUR DUE TO AN UNREPORTED DEFECT IN THE VEHICLE.

Cancellation Once your order is placed, all sales are final. Promobile Automotive may decline to undertake the requested inspection, in which case your prepaid inspection fee will be promptly refunded. If the vehicle is sold before an inspector is dispatched, your order will be considered “on hold” and you will have a credit for the amount paid which can be applied to another inspection and which expires in 30 days. However, you cannot cancel your order for a refund.

Privacy At Promobile Automotive, we care about our customers’ privacy. By purchasing a vehicle inspection through Promobile Automotive you will be providing certain personal information to us. Promobile Automotive will only share your information with our affiliates to carry out the intent of the service you purchased from us or to present you special offers and/or incentives from our affiliates. We will not share your information with an unaffiliated third party, unless we are required to do so by law.

Other State Laws Some states do not allow the limitation, exclusion or disclaimer of implied warranties or incidental and consequential damages, so the limitations or disclaimers in this agreement may not apply to you.

Severability If any section of this agreement is found by competent authority to be invalid, illegal or unenforceable in any respect and for any reason, the validity, legality and enforceability of the unaffected remainder of such section and the remainder of the agreement shall continue in effect.

Third Party Inspection By purchasing a Promobile Automotive Inspection, you are agreeing that you are purchasing the inspection for your own use and will not resell the inspection to third parties or use the inspection other than for your own evaluation of the vehicle being inspected.