Last Updated: August 19, 2024
Welcome, and thank you for your interest in Tow4Tech. We appreciate you reviewing and following these guidelines so that we can continue to provide end-to-end roadside assistance services where truck companies, truck fleet management companies, and roadside assistance providers (collectively with its representatives, employees, service providers, and agents, the “Service Requester”) can use the technology provided by Tow4Tech to connect with tow truck service providers, tow dispatchers, tow truck operators, and other service providers (collectively with its representatives, employees, service providers, and agents, the “Service Provider”) to obtain towing services in case of an incident and/or other related services. These terms of service (“Terms”) are between you and Tow4Technologies, Inc. (“Tow4Tech,” “we,” “our,” or “us”) and establish the terms that apply to you when you use the Service (defined below) as a Service Requester or Service Provider.
These Terms may need to change as we do. We can change these Terms at any time, and if we do, we will make reasonable efforts to provide you with prior notice of any material changes. Your continued use of the Service after any change to these Terms means that you accept the new version. You should consult these Terms each time you access the Service to view any changes. These Terms were last modified on the date indicated above.
AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND LIMIT THE REMEDIES AVAILABLE TO YOU IN A DISPUTE. YOU CAN OPT OUT OF THIS AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@TOW4TECH.COM WITHIN 30 DAYS AFTER FIRST ACCEPTING THESE TERMS AND STATING YOUR FIRST AND LAST NAME AND THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE.
Please review our Privacy Policy (located at https://www.tow4tech.com/privacy-policy-copy) which explains how we collect, use, and share information about you when you access or use the Service. By accepting these Terms, you agree to the Privacy Policy.
A. Service. The “Service” includes: (1) Tow4Tech’s website located at tow4tech.com (the “Site”) and iOS and Android apps including, but not limited to, Tow4Tech Service, Tow4Tech Roadside, Tow4Tech Dispatch, Tow4Tech Operator (collectively, the “Apps”) as may be updated, relocated, or otherwise modified from time to time; (2) technologies, including messaging and communication services, for providing or obtaining tow services through the Site and Apps; and (3) all content on the Site and Apps and all intellectual property rights arising out of or related to the foregoing. Any person who accesses or uses the Service, whether on their own behalf or on behalf of any third party, as a Service Requester or as a Service Provider, is a “User”.
B. License. Subject to your compliance with these Terms, Tow4Tech hereby grants you a non-exclusive, revocable, non-transferable license to use the Services, to access the Site and to download a copy of the Apps; in each case, solely for your personal use.
A. Tow4Tech Users. To access some features of the Service, you must register for an account. You must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form.
B. Accuracy of Information. You acknowledge that if you provide any information to us that is not current, complete, and accurate, Tow4Tech may terminate these Terms and your continued access and use of the Service. You agree to update your information if it is no longer current, complete, and accurate.
C. Closing your Account. You may close your account at any time and without cost, but you will remain liable for any outstanding purchases as well as any fees or other charges incurred in connection with your account or your use of the Services. Tow4Tech will not issue refunds for amounts previously incurred through our Service once you close your account. You can close your account by emailing support@tow4tech.com or in-App.
D. Eligibility. You represent and warrant that: (1) if you are an individual, you are at least 18 years of age; (2) you have not been previously suspended or removed from the Service; and (3) your registration and your use of the Service is in compliance with all applicable laws. Tow4Tech provides the Service from the United States, and, except as expressly set forth herein, is not intended to subject Tow4Tech to the laws or jurisdiction of any state, country or territory other than that of the United States. Tow4Tech does not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access and/or using the Services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. Tow4Tech may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction Tow4Tech chooses, at any time and in Tow4Tech’s sole discretion.
E. Credentials. As part of the registration process, you might be asked to provide a phone number and verify your identity, provide an email address, select a username, password, or other login credentials. You are responsible for maintaining the security and confidentiality of your login credentials. You agree to notify Tow4Tech immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at support@tow4tech.com You are responsible for all use of the Service occurring under your account and all content posted with your account on the Service. You may not share your login credentials with any third party. Tow4Tech will not be liable for any loss that you incur as a result of someone else using your login credentials or account.
F. Your Responsibilities. You may use the Service solely for lawful purposes, and you may not (and you may not allow or assist any third party to):
We may take any legal action and implement any technical remedies to prevent the violation of these restriction sand to enforce these Terms.
A. Fees. Users may register an account for free. As a User, you understand that certain features within the Service may require you to pay fees, including, but not limited to, fees resulting from requests to a Service Provider to provide tow services and service fees to Tow4Tech for providing the Services. In addition, Tow4Tech may charge a “Service Fee” for each towing service performed, as set forth on the Site, the Apps, or as otherwise agreed with the Service Provider and/or the Service Requester. All prices are in U.S. Dollars unless otherwise indicated. Pricing may vary based on the type of service you request and in what area.
B. Invoicing and Payment. Users will provide Tow4Tech with valid payment information, a valid purchase order, or alternative document reasonably acceptable to Tow4Tech. If you activate or update recurring payments through the Service, you authorize the Service Provider, Tow4Tech, or its third-party service providers, as applicable from time to time, to periodically charge all accrued sums. Where payment is to be made by a method other than one of our third-party payment processors, Tow4Tech will invoice the User in advance and User will make payment no later than net thirty (30) days from the invoice date. If any amount due is not received by Tow4Tech by the due date, then, without limiting Tow4Tech’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and/or (b) Tow4Tech may condition future purchases on payment terms shorter than those specified herein.
C. Payment Processing. Payment processing services for Tow4Tech may be provided by our third-party payment processors, which may include Stripe Inc. (“Stripe”). If you are a Service Provider, you will receive payment for your towing services by uploading your invoice to the App or Site, as directed therein, after the completion of the towing services. Stripe uses your chosen payment method to make payments. Such payment methods may include, but is not limited to, credit card or Automated Clearing House (ACH). The processing of charges or credits, as applicable, relating to your use of the Service will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). You hereby agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time as set forth therein. If required by Stripe from time to time, you agree to provide Tow4Tech with current, accurate, and complete information about you and your payment methods (billing address, credit card number, expiration date, etc.) and you authorize Tow4Tech to share it and transaction information related to your use of the payment processing services provided by Tow4Tech. Tow4Tech may replace its third-party payment processor without notice to you. If you are a Service Requester, you accept the payment terms of the Service Provider as such (i) are listed in the Services, (ii) communicated to you in connection with your service request, or (iii) otherwise set forth by the Service Provider provided that such payment terms are commercially reasonable.
A. User Content. Certain features of the Service may permit Users to upload and publish content to the Service, which may include text and images, as well as App store reviews and ratings (“User Content”). You own any User Content you provide. Except as expressly described in these Terms, no ownership rights in the User Content are transferred to Tow4Tech by these Terms.
B. License to Tow4Tech. By sending us User Content or by posting or publishing it to the Service, you grant Tow4Tech and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publish, publicly display, and use such User Content in any media now known or hereafter developed, to provide the Service to you and other Users and to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you.
C. Responsibility for User Content. You are solely responsible for your User Content and the consequences of posting it on the Service. None of the User Content will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. Tow4Tech may (but is not obligated to) remove or alter any User Content at any time for any reason. We neither endorse nor are responsible for any User Content. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. The opinions expressed on the Service by Users reflect solely the opinions of the Users and do not reflect the opinions of Tow4Tech. If you believe User Content violates these Terms or any policies we provide, please contact Tow4Tech immediately at support@tow4tech.com so that we can consider its editing or removal. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable right or remedy you may have against Tow4Tech with respect to User Content.
D. Messages. The Service may allow Tow4Tech Users to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and Tow4Tech may terminate such privileges of any User at any time and for any reason. If a User sends you an objectionable Message, please contact Tow4Tech immediately at support@tow4tech.com. You are solely responsible for the content of any Message you send. You agree that Tow4Tech may monitor Messages for compliance with these Terms, and Messages should not be considered confidential or proprietary.
Tow4Tech and third parties may make available integrations between the Service and third-party products or services, including plugins and related services (“Third-Party Services”) that you may elect to use. Any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. Because the Third-Party Services rely on the Third-Party Service provider’s continued operation, Tow4Tech does not warrant or provide support for Third-Party Services. Tow4Tech is not responsible for any violations of applicable law by Third-Party Service providers, or for any liability arising from your use of Third-Party Services. Tow4Tech does not guarantee the continued availability of any Third-Party Services (or any integration with Third-Party Services or related Service features), and if such Third-Party Services or related features are discontinued, you will not be entitled to any refund, credit, or other compensation. Depending on your location, certain Third-Party Services may not be available to you.
A. Tow4Tech IP. The Service, including any content, modifications, and updates, and all intellectual property rights therein (collectively, “Tow4Tech IP”), is owned by Tow4Tech and its licensors. No ownership rights in the Tow4Tech IP are transferred to you by these Terms. You do not have any rights in or to the Tow4Tech IP except for the limited express rights granted in these Terms.
B. Trademarks. You acknowledge that Tow4Tech has acquired, and is the owner of, common law or registered trademark rights in the name and word mark "Tow4Tech" and in the other marks and design marks displayed on the Service. You acknowledge that these names and marks are famous and internationally known. You will not challenge the validity of, or Tow4Tech’s ownership of, the foregoing names or marks, and you waive any rights you may have to do so. You may not use our names or marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. All use of the foregoing names and marks by you will inure exclusively to Tow4Tech’s benefit.
С. Feedback. If you give Tow4Tech feedback, comments, or suggestions concerning the Service (collectively, “Feedback”), you hereby assign to Tow4Tech all right, title, and interest in and to the Feedback, and Tow4Tech is free to use the Feedback without payment, attribution, or restriction.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Tow4Tech infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
A. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
C. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tow4Tech to locate the material on the Service;
D. the name, address, telephone number, and email address (if available) of the complaining party;
E. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
F. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Tow4Tech a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov or details. Notices and counter-notices with respect to the Service should be sent to support@tow4tech.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be penalties for false claims under the DMCA.
In the course of providing the Service, Tow4Tech may disclose or make available to you information about its business. You acknowledge that all knowledge, information, and data provided by Tow4Tech to you with respect to the business, operations, and marketing of Tow4Tech’s products and services that is not generally known or publicly available, whether or not designated as “confidential,” is Tow4Tech’s confidential information and you will not use or disclose such confidential information to any third party without Tow4Tech’s prior written consent.
A. Usage Data. Tow4Tech may collect and analyze data relating to your use of the Service that is aggregated and/or deidentified in such a way that it is not associated with you (“Usage Data”) and other information relating to the provision, use, and performance of various aspects of the Service and related systems and technologies (including information provided by third-party analytical tools). Tow4Tech may analyze, process, collect, and use Usage Data for any purpose, including for improving the Service and developing new products, services, features, and functionality.
A. Transactional Communications. By using the Services, you agree to receive communications from us, our affiliates, or our third-party partners, or other Users, at any of the phone numbers provided to Tow4Tech by you or on your behalf, as well as via email, text message, calls, and push notifications messages in connection with your use of the Service. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.
B. Administrative Communications. By using the Service, you agree that we may communicate with you electronically regarding registration, security, privacy, and administrative issues relating to your use of the Service.
C. Consent. Tow4Tech does currently plan to send any marketing-related to Users. However, you consent to receiving our email newsletter and other marketing-related emails from us. If you wish to remove yourself from our email list for such marketing-related emails, please use the unsubscribe link in any email received from us, or email us with “OPT-OUT”, “UNSUBSCRIBE”, “STOP”, or “REMOVE” in the subject line.
D. SMS Messaging. By creating an account, you agree that Tow4Tech and other Users may send you transactional and promotional text (SMS) messages in connection with your use of the Service. You may opt out of receiving text (SMS) messages through the Service at any time by responding “STOP” or emailing support@tow4tech.com. Opting out of receiving text (SMS) messages may impact and limit your use of the Service. Please be aware that your cellular carrier may charge fees in connection with your use of the Service. You are responsible for any mobile charges that you may incur in connection with using the Service, including data charges. If you are not sure what those charges may be, you should ask your carrier before using the Service. Tow4Tech is not responsible or liable for any fees, costs, or overage charges associated with any data charges or data plan.
A. Term. The term of these Terms will commence on the date on which you first access or use the Service and will continue as long as you continue until terminated.
B. Termination. If you breach (or if Tow4Tech suspects you have breached) these Terms, Tow4Tech may, in its sole discretion, terminate these Terms and your User account and/or limit, suspend, or terminate your access to the Apps or Service, with or without notice. You may terminate these Terms by contacting us at support@tow4tech.com.
C. Effect of Termination. Upon termination of these Terms, you remain obligated to pay any outstanding fees relating to your use of the Service that were incurred prior to termination. The following Sections of these Terms will survive termination of these Terms: 1.A, 2, 4 - 9, 11.C, and 12 - 23. Either party’s termination of these Terms is without prejudice to any other remedies it may have at law or in equity, and does not relieve either party of liability for breaches occurring prior to the effective date of termination. Neither party will be liable to the other for damages arising solely as a result of terminating these Terms.
D. Deactivation. Tow4Tech may, without notice to you: (1) restrict, deactivate, or terminate your access to the Service (or any portion); or (2) terminate or modify the Service (or any portion). Tow4Tech will not be liable to you or any third party for any termination of or modification to the Service regardless of the reason for such termination or modification. If you are dissatisfied with any termination or modification of the Service, your only remedy is to stop using the Service.
A. User Content. You represent and warrant that: (1) you are the creator and owner of any User Content you provide or otherwise have sufficient rights and authority to grant the rights granted to Tow4Tech in these Terms; (2) Tow4Tech’s use of your User Content in accordance with these Terms will not infringe, violate, or misappropriate any third-party right, including any intellectual property right, proprietary right, or privacy right; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content does not contain any confidential information of any third party.
B. DISCLAIMER. TOW4TECH MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, SERVICES PROVIDED BY USERS, THIRD-PARTY SERVICES, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TOW4TECH DOES NOT WARRANT THAT THE SERVICE, SERVICES PROVIDED BY USERS, OR THIRD-PARTY SERVICES WILL SATISFY YOUR REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF THE SERVICE, SERVICES PROVIDED BY USERS, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED. Some jurisdictions may limit or prohibit warranty disclaimers, and this Section 12.B will apply solely to the extent permitted under applicable law.
A. Defense. At Tow4Tech’s option and request, you will defend Tow4Tech, its affiliates, and their respective directors, officers, employees, agents, and contractors (the “Tow4Tech Parties”) from any actual or threatened third-party claim, proceeding, or suit arising out of or based on: (1) your breach of any representation, warranty, or covenant in these Terms; (2) your violation of applicable law or any third-party intellectual property, proprietary, or privacy right; (3) any dispute between you and any other User or any third party; or (4) your use of the Service in a manner not authorized under these Terms (each, a “Claim”). If Tow4Tech requests you to defend a Tow4Tech Party from any Claim, Tow4Tech will: (a) give you prompt written notice of the Claim; (b) grant you full and complete control over the defense and settlement of the Claim; (c) provide assistance in connection with the defense and settlement of the Claim as you may reasonably request; and (d) comply with any settlement or court order made in connection with the Claim. Notwithstanding the previous sentence, you may not enter into any settlement that involves an admission of guilt or liability of a Tow4Tech Party without Tow4Tech’s prior written consent. Tow4Tech may participate in the defense of a Claim at its own expense and with counsel of its own choosing.
B. Indemnification. You will indemnify and hold harmless the Tow4Tech Parties from and pay: (1) all damages, costs, and attorneys’ fees finally awarded against a Tow4Tech Party in any Claim; (2) all out-of-pocket costs (including attorneys’ fees) reasonably incurred by a Tow4Tech Party in connection with the defense of a Claim; and (3) all amounts that you agree to pay to any third party to settle any Claim.
A. EXCLUSION OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOW4TECH NOR ANY TOW4TECH PARTY WILL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF TOW4TECH IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. TOW4TECH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR RECEIPT OR PROVISION OF USER-PROVIDED PRODUCTS AND SERVICES, OR ANY THIRD-PARTY SERVICES.
B. DAMAGES CAP. TOW4TECH’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (INCLUDING WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF: (1) THE AMOUNT OF FEES PAID BY YOU TO TOW4TECH DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION); OR (2) $100.
IF YOU ARE A RESIDENT OF NEW JERSEY, SECTIONS 12.B (DISCLAIMER) AND 14 (LIMITATION OF LIABILITY) ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
If you have a dispute with one or more Users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from all claims, demands, and damages (actual and consequential) of every kind, known and unknown, arising out of or in any way connected with such disputes. You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
A. Generally. In the interest of resolving disputes between you and Tow4Tech in the most expedient and cost-effective manner, you and Tow4Tech agree that any dispute arising out of or related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOW4TECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THIS SECTION 17 WILL APPLY TO YOU AND TOW4TECH UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO SECTION 17.J (OPT OUT).
Whether to agree to arbitration is an important decision. It is your decision to make, and you should not rely solely on the information provided in these Terms, as they are not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
B. Exceptions. Despite the provisions of Section 17.A (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (1) bring an individual action in small claims court; (2) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (3) seek injunctive relief in a court of law; or (4) file suit in a court of law to address an intellectual property infringement claim.
C. Arbitrator. Any arbitration between you and Tow4Tech will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Tow4Tech. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
D. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). Tow4Tech’s email address for Notice is support@tow4tech.com. The Notice must: (1) describe the nature and basis of the claim or dispute; (2) set forth the specific relief sought; and (3) if you are sending the Notice to Tow4Tech, include your name and address (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 45 days after the Notice is received, you or Tow4Tech may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Tow4Tech must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Tow4Tech will pay you the highest of the following: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Tow4Tech in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.
E. Fees; Location; Language. If you commence arbitration in accordance with these Terms, Tow4Tech will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance-based telephone hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Tow4Tech for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The language of the arbitration shall be English, unless you do not speak English, in which case the arbitration shall be conducted in both English and your native language.
F. Confidentiality. The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties, and the decisions made by the arbitrator, including its awards, except as required by applicable law and to the extent not already in the public domain.
G. No Class Actions. YOU AND TOW4TECH 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 PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, CALIFORNIA LABOR CODE § 2698 ET SEQ., WHICH ARE NOT COVERED BY THIS SECTION 17 (ARBITRATION)). Unless both you and Tow4Tech agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
H. Modifications to this Arbitration Provision. If Tow4Tech makes any future change to this arbitration provision, other than a change to Tow4Tech’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Tow4Tech’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Tow4Tech. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
I. Enforceability. If Section 17.G (No Class Actions) is found to be unenforceable or if the entirety of this Section 16 (Arbitration) is found to be unenforceable, then the entirety of this Section 17 will be null and void and the exclusive jurisdiction and venue described in Section 21.B (Governing Law) will govern any action arising out of or related to these Terms or your use of the Service.
J. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section 17 (Arbitration), you may opt out by notifying Tow4Tech in writing of your decision by sending, within 30 days after the effective date of these Terms, an email to support@tow4tech.com, stating clearly your full name, address, and intent to opt out of this Section 17. Should you choose not to opt out within the 30-day period, you and Tow4Tech will be bound by the terms of this Section 17. You have the right to consult with counsel of your choice concerning regarding your right to opt out of this Section 17, and you understand that you will not be subject to retaliation if you exercise your right to opt out.
Tow4Tech may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Tow4Tech may disclose any information as Tow4Tech deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Tow4Tech’s sole discretion.
Nothing in these Terms limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding that may be conducted by any federal, state, provincial, or local government agency or commission (“Protected Activity”). In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Tow4Tech. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Tow4Tech confidential information to any parties other than the applicable government agencies.
Each party will comply with all applicable federal, state, provincial, and local laws, regulations, binding regulatory guidance, directives, and governmental requirements in connection with exercising its rights or performing its obligations under these Terms.
A. Subcontractors. Tow4Tech may use subcontractors or other third parties to perform its obligations under these Terms, but Tow4Tech will remain responsible for all such obligations.
B. Governing Law. These Terms are governed by Florida law without reference to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Subject to Section 17 (Arbitration), all claims arising under these Terms will be litigated exclusively in the federal or state courts of Miami, Florida. The parties submit to the jurisdiction of those courts. In any proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
C. Injunctive Relief. If you breach Sections 2 (Accounts; Registration; Restrictions), 6 (Ownership), or 8 (Confidentiality), Tow4Tech may suffer irreparable harm, and monetary damages may be inadequate to compensate Tow4Tech. Accordingly, Tow4Tech may, in addition to any other remedies available, seek injunctive or other equitable relief in response to any such breach.
D. Further Assurances. You agree to execute and deliver any documents or instruments, and take any further actions that are reasonably required, to provide the other party the full benefits and rights described in these Terms.
E. Assignment. You may not assign these Terms or delegate your performance without Tow4Tech’s prior written consent, and any attempt to do so is void. Tow4Tech may assign or transfer these Terms without your consent. These Terms are binding upon and inure to the benefit of the parties’ permitted successors and assigns.
F. Severability. If any provision of these Terms or portion of a provision is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.
G. No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
H. Entire Agreement. These Terms constitute the entire agreement and supersede any other agreement of the parties relating to their subject matter. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, or supplement these Terms.
I. Nature of Rights. The licenses granted under these Terms are rights in “intellectual property” within the scope of Section 101 (or its successors) of the United States Bankruptcy Code (the “Code”). Each party as licensee will have and may fully exercise all rights available to a licensee under the Code, including under Section 365(n) or its successors.
J. Relationship. Neither Tow4Tech’s provision of the Apps to you, nor your access to and use of the Service, creates any direct business relationship between you and Tow4Tech. You acknowledge and agree that these Terms are not an employment agreement, nor does it create an employment or contractor relationship, between you and Tow4Tech; and no joint venture, partnership, or agency relationship exists between you and Tow4Tech. As a User, YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TOW4TECH. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF TOW4TECH, INCLUDING BY INAPPROPRIATELY USING ANY TOW4TECH IP.
K. No Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms, except as described in Section 23 (Notice Regarding Apple).
L. Notices. All notices under these Terms must be in writing, and will be considered given: (1) upon delivery, if delivered personally or by internationally recognized courier service; (2) three business days after being sent, if delivered by U.S. registered or certified mail (return receipt requested); or (3) upon acknowledgement of receipt, if delivered by email. Either party may update its notice address by notice to the other party in accordance with this Section 21.L. All notices to Tow4Tech will be sent to:
Tow4Technologies, Inc.
11555 Heron Bay Blvd., Suite 200
Coral Springs, FL 33076
Email: support@tow4tech.com
Attn: Legal
M. Force Majeure. Tow4Tech will not be liable for any delay or failure to perform under these Terms as a result of any cause or condition beyond Tow4Tech’s reasonable control (a “Force Majeure Event”), so long as Tow4Tech uses reasonable efforts to avoid or remove those causes of delay or non-performance. If a Force Majeure Event causes Tow4Tech to delay or fail to perform its obligations under these Terms for 30 consecutive days, either party may terminate these Terms.
N. Interpretation. If Tow4Tech provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and does not define or explain any provision. Any use of the term “including” or variations thereof should be construed as if followed by the phrase “without limitation.”
Under California Civil Code Section 1789.3, Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
This Section 23 only applies to the extent you are using the Apps on an iOS device. You acknowledge that these Terms are between you and Tow4Tech only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (A) product liability claims; (B) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. of these Terms. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at support@tow4tech.com.
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