Terms and Conditions

Last updated: May 18th, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE, AND/OR BROWSING OUR WEBSITE AND/OR DOWNLOADING OR INSTALLING OUR MOBILE APPLICATION

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE, BROWSE OR INTERACT WITH TOWNOW.COM

These terms and conditions, together with the Privacy Policy (https://townow.com/privacy.html) (hereafter, collectively referred to as the “Agreement”), constitute a legal agreement between Tow Now, Inc. (“we”, “us”, “our” or “the Company”) owner and operator of the TowNow.com website and it’s related software, mobile apps and online platform (collectively, the “TOW NOW Service”), and you (“you”, “your” or “User”), the user of the TOW NOW Service.

TOW NOW IS NOT AN EMERGENCY SERVICE. IN THE EVENT OF AN EMERGENCY CALL 911

By using the TOW NOW Service in any fashion or form, including but not limited to, visiting or browsing our website or installing or downloading our mobile app, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to the Agreement as published from time to time on the Company website or through other TOW NOW Service. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, DO NOT DOWNLOAD, INSTALL, BROWSE, USE, OR REGISTER TO USE THE TOW NOW SERVICE.

THE AGREEMENT IS INTENDED FOR ALL USERS OF THE TOW NOW SERVICE, INCLUDING THOSE WHO ARE SIMPLY BROWSING THE WEBSITE. HOWEVER, DIFFERENT SECTIONS OF THE AGREEMENT AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.

The Company reserves the right to modify the terms and conditions of the Agreement or its policies relating to the TOW NOW Service at any time, effective upon posting an updated version of the Agreement on the TOW NOW Service. You are responsible for regularly reviewing the Agreement. Continued use of the TOW NOW Service after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about the Agreement, please feel free to contact us by email at support@townow.com

The Agreement is between you and the Company only, and not any third party smartphone, tablet, computer, smartwatch or other electronic mobile device (collectively, “Device”) manufacturer or application distribution.

TOW NOW Service Overview

The TOW NOW Service provide an online communication platform that connects Users with vendors who provide roadside assistance and towing services (collectively, “Roadside Assistance Services”). Upon submitting your request for Roadside Assistance Services (“Requested Service”) through the TOW NOW Service, the Company will offer your request to a third party Roadside Assistance Services provider (“Provider”) from the TOW NOW Service Provider database if any is available and willing to provide the Requested Service. The Provider has sole and complete discretion to accept or reject each request for service. Upon your approval of the quoted price, selected Provider and estimated time of service, the Company will collect payment from you for the Requested Service according to the payment terms below. Then the Company will forward your information to the Provider.

TOW NOW Service connects Users with Providers who may provide some of the following Roadside Assistance Services for light duty passenger cars or pickup trucks, motorcycles or scooters (collectively, “Vehicle”):

Towing for Vehicles that are located at a publicly accessible street, highway, garage or parking area.
Winching service for Vehicles that are within a Provider’s equipment reachable distance from a paved publicly accessible area.
Tire Change for Vehicles that have a good spare and no wheel locking security features.
Jump Starts for Vehicles with standard 12V batteries.
Lock-Out service for Vehicles with typical one step mechanical door locks.
Fuel Delivery for up to two gallons of regular gasoline, or if requested, diesel fuel.

These Roadside Assistance Services are only available at the discretion of the Provider based on the Provider’s capability, existing equipment, availability and willingness to provide the requested Roadside Assistance Services.

Some or all of these Roadside Assistance Services may not be available in all areas nor at all times. The Company does not guarantee or warrant the availability of any of these Roadside Assistance Services in any area or at any time.

The Company is not directly involved in or otherwise a party to any transactions that may take place between Users and Providers. The Company does not guarantee or warrant, and makes no representations regarding, the quality, safety, reliability, stability, legality or availability of any aspect of Providers services or offerings or any claims made by Providers about the services they offer, the truth or accuracy of warranties or price lists supplied by Providers to the Company, the ability of Providers to provide the Roadside Assistance Services offered, or the ability of Users to pay for Provider’s services. The Company does not conduct background checks regarding any Users or Providers. The Company is not a broker, agent or insurer for any Users or Providers. The Company makes no representations, warranties or guarantees regarding any content or information provided by Users or Providers. When interacting with Providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with strangers. We encourage you to communicate directly with potential transaction partners through the tools available through the TOW NOW Service. All purchases made by Users from Providers are made at each party’s own risk. By using the TOW NOW Service, you agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transactions involved. THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE TOW NOW SERVICE OR ANY PROVIDER. THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE TOW NOW SERVICE.

Please make sure that either you or someone on your behalf is with your disabled Vehicle when the Provider arrives. Vehicles that are left unattended at the disablement site are likely to not receive the Requested Service, and you may still be charged for the Provider showing up to provide your Requested Service.

Payment

Use of the TOW NOW Service without obtaining Provider services is free of charge for Users. The Company reserves the right to introduce additional fees for the use of TOW NOW Service at any time in the future.

Once you accept the quoted price, selected Provider and estimated time of service, the Company will process your provided method of payment for payment.

The quoted price varies depending on your Vehicle’s geographical location, Provider rates, Vehicle specifications, number of miles the Vehicle will be towed, nature of disablement and timing of service among other factors. A quote for Roadside Assistance Services will only be provided once the User fills the requested fields. More than one quote may be provided to give you an option to choose the best price/time of service combination that suits your needs. You will have a 120 seconds window to make a choice to proceed with your order before the quotes expire, after which you will have to submit a new request for Roadside Assistance Services through the TOW NOW Service. The quoted price/time of service combination may change after it expires 120 seconds from the time it was offered to you.

In addition to the factors affecting the quoted price listed above, Providers can have different prices depending on many other factors, including but not limited to time of day, day of week, how far the disablement location is from the Provider location. Providers do update their prices from time to time at their own discretion.

You agree that you will pay for all services you order from the Provider, and that the Company may charge your credit card account that you provide at the time of ordering the service, for the Provider services, including any taxes and fees, as applicable, that may be accrued by or in connection with your Requested Service. You are responsible for the timely payment of all fees and for providing the Company with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.

The Company has no control over the methods of payment accepted by Providers. The Company, its affiliates and/or licensors will not be liable for any delay, damage, extra fees, or claim of any nature arising in connection with the methods of payment accepted by the Provider or lack thereof. PLEASE DISCUSS YOUR METHOD OF PAYMENT OPTIONS DIRECTLY WITH THE PROVIDER BEFORE THE START OF THE REQUESTED SERVICE.

The Company uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the TOW NOW Service. The processing of payments or credits, as applicable, in connection with your use of the TOW NOW Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to the Agreement. The Company is not responsible for any errors by the Payment Processor and you hereby agree to release the Company from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the TOW NOW Service, the Company will obtain certain transaction details, which shall be maintained in accordance with the Company’s Privacy Policy that is a part of the Agreement.

All payments, charges, credits, as applicable, in connection with your use of the TOW NOW Service may appear on your credit card statement as Tow Now, Inc. A receipt of the charges for Roadside Assistance Services rendered will be emailed to your email account provided in the TOW NOW Service.

Cancellation

You may cancel your request for Roadside Assistance Service at no cost to you, provided that no Roadside Assistance Services have been performed or attempted and no service provider has been dispatched to help you. Please make sure to cancel your request for services as soon possible if you decide that you no longer need the assistance. In the event that you have not canceled on a timely basis, and a service provider has already been dispatched to help you, you will be charged the full amount for the requested service.

Representations and Warranties

By using the TOW NOW Service, you agree to comply with the terms and conditions of the Agreement, including providing accurate information that can be relied upon by the Company, such as your name, email address, telephone number, Vehicle information (make, model, year, color), location information, other descriptive information of the Vehicle and disablement reasons, and credit card or financial account payment information.

By using the TOW NOW Service, you expressly represent and warrant that you are legally entitled to enter the Agreement. If you reside in a jurisdiction which restricts the use of the TOW NOW Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits or you must not use the TOW NOW Service.

By using the TOW NOW Service, you agree that:

You will only request Roadside Assistance Services through TOW NOW Service for Vehicles that you own, or authorized to serve by Vehicles registered owners.
You will only use the TOW NOW Service for lawful purposes. You will not use the TOW NOW Service for sending or storing any unlawful material or for fraudulent purposes.
The Company is entitled at all times to verify the information you have provided and refuse your use of the TOW NOW Service without providing a reason to you.
You will not use the TOW NOW Service to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the TOW NOW Service or the network.
You will use the TOW NOW Service solely for your own personal use and not for commercial purposes, and will not resell any of the services accessed through the use of the TOW NOW Service to a third party.
You will not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the TOW NOW Service for commercial purposes.
You will provide us with whatever proof of identity the Company may reasonably request.
You may only access the TOW NOW Service using authorized means. The Company is not liable if you do not have a compatible Device. The Company reserves the right to terminate the TOW NOW Service should you attempt to access the TOW NOW Service with an incompatible or unauthorized Device.
You will only use an access point or accounts which you are authorized to use.
You are legally authorized to make payments from the debit or credit card account provided through the payment tool in the TOW NOW Service, and there are sufficient funds or credit available to complete a payment using the debit or credit card account submitted.
You will not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the TOW NOW Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
You will not portray the Company, its affiliates and/or its licensors in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner.
You will comply with all applicable laws and regulations while using the TOW NOW Service. The Company reserves the right to immediately terminate the TOW NOW Service should you not comply with any of the foregoing.
You are aware that when requesting services, communications or service updates by SMS (if available in your jurisdiction), standard messaging charges will apply, and you represent and warrant that the number provided is your own cell phone number.

Your phone calls made in connection with your requested Roadside Assistance Services may be recorded and/or monitored. By using the TOW NOW Service, you are consenting to the recording and/or monitoring of these telephone calls by the Company.

Trademark

TOW NOW is a registered trademark of Tow Now, Inc, and may not be used without permission.

Intellectual Property Rights

The Company (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the TOW NOW Service (including all original content, features, and functionality) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the TOW NOW Service, in which you hereby assign all rights, title and interest to the Company. The Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the TOW NOW Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the TOW NOW Service are trademarks of the Company, its affiliated companies or third parties, and no right or license is granted to use, copy, modify, or distribute them.

License Grant and Restrictions

Subject to your compliance with the terms and conditions of the Agreement, the Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to view, download, install and use the TOW NOW Service, solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. All rights not expressly granted to you are reserved by the Company, its affiliates and/or its licensors.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company, its affiliates and/or its licensors, except for the licenses and rights expressly granted in the Agreement.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the TOW NOW Service in any way; (ii) modify or make derivative works based upon the TOW NOW Service; (iii) create Internet “links” to the TOW NOW Service or “frame” or “mirror” the TOW NOW Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the TOW NOW Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the TOW NOW Service, or (c) copy any ideas, features, functions or graphics of the TOW NOW Service, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per a set amount of time, or unduly burdens or hinders the operation and/or performance of the TOW NOW Service.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, defamatory, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the TOW NOW Service or the data contained therein; or (v) attempt to gain unauthorized access to the TOW NOW Service or its related systems, servers or networks.

You are advised that the Company will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, injunctive relief or other equitable remedies. Except for the limited permission in the preceding paragraphs, no express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights are granted by the Agreement.

License Granted by User

Material that you submit to the Company, including any questions, comments, feedback, data, suggestions, in any form or media, which may be submitted via the TOW NOW Service, telephone, text messaging, email, regular mail, or otherwise, may be treated by the Company as non-confidential and nonproprietary to you. You grant the Company a worldwide, irrevocable, perpetual, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such material.

Third Party Services

Use of the TOW NOW Service requires involvement of hardware, software, services, and applications that were not developed by the Company and that are not under the control of the Company, such as your Device, the network provided by your internet service provider or the mobile network provided by your wireless service provider, your Device’s operating system, browser, email and SMS programs, dialer and other applications. The Company cannot assure you that such third party hardware, software, services, and applications will function correctly with the TOW NOW Service and expressly denies any liability related to the involvement and interaction with such third party hardware, software, services and applications. You must comply with all third party terms and conditions when using the TOW NOW Service.

Third Party Interactions

During use of the TOW NOW Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Providers, advertisers, sponsors or other third parties showing their goods and/or services through the TOW NOW Service either directly or through links to their respective websites. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company, its affiliates and/or its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the TOW NOW Service, and in no event shall the Company, its affiliates and/or its licensors be responsible for any content, products, services or other materials on or available from such sites or third parties. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The Company is not responsible and cannot be held liable for the content and activities of these websites. You, therefore, visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to Users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

The Company may rely on third party advertising and marketing supplied through the TOW NOW Service and other mechanisms to subsidize the TOW NOW Service. By accepting the Agreement you agree to receive such advertising and marketing. The Company may compile and release information regarding you and your use of the TOW NOW Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the TOW NOW Service.

Fees, Costs and Other Expenses

Use of the TOW NOW Service requires the use of a data network operated by your wireless service provider and/or internet service provider to send both data and information from your Device to the Company, and to send information back to you. You are responsible for your own connectivity to the TOW NOW Service (including, without limitation, via mobile connection, internet access, wifi, and other communications and connectivity), at your own cost and expense. Depending on your method of access and/or data plan, you may incur charges from your wireless and/or internet service provider(s) for use of their network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your usage of the TOW NOW Service.

Indemnification

By using the TOW NOW Service, you agree that you shall defend, indemnify and hold the Company, its affiliates and/or its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of the Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the TOW NOW Service, or (c) your use or misuse of the TOW NOW Service.

Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE TOW NOW SERVICE.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT:
(A) THE USE OF THE TOW NOW SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, DEVICE, APPLICATION, SYSTEM OR DATA, (B) TOW NOW SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TOW NOW SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (E) ERRORS OR DEFECTS IN THE TOW NOW SERVICE WILL BE CORRECTED, OR (F) THE TOW NOW SERVICE OR THE SERVER(S) THAT MAKE THE TOW NOW SERVICE AVAILABLE ARE FREE OF ERRORS, VIRUSES, MALWARE, DEFECTS OR OTHER HARMFUL COMPONENTS.

TOW NOW SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS.

THE QUALITY OF THE ROADSIDE ASSISTANCE SERVICES PROVIDED BY THE PROVIDER SCHEDULED THROUGH THE USE OF THE TOW NOW SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROVIDER WHO PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE TOW NOW SERVICE, YOU MAY BE EXPOSED TO PROVIDER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE TOW NOW SERVICE, AND THE ROADSIDE ASSISTANCE SERVICES BY THE PROVIDER, AT YOUR OWN RISK. THE COMPANY UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE SERVICES PROVIDED BY THE PROVIDER OR ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE PROVIDER AND YOU HEREBY AGREE TO RELEASE THE COMPANY FROM ALL LIABILITY AND CLAIMS ARISING FROM THE FOREGOING. ANY COMPLAINTS ABOUT THE SERVICES PROVIDED BY THE PROVIDER SHOULD THEREFORE BE SUBMITTED TO THE PROVIDER.

The information, recommendations and/or services provided to you on or through the TOW NOW Service is for general informational purposes only and does not constitute advice of any kind. The Company does not guarantee continuous, uninterrupted access to the TOW NOW Service. Although the Company attempts to maintain the integrity and accuracy of the information accessible through the TOW NOW Service, we make no guarantees as to its correctness, completeness, or accuracy. The Company cannot and does not guarantee that (the contents of) the TOW NOW Service are free of errors, defects, malware and viruses.

Breaches of the Agreement

Without prejudice to the Company’s other rights under the Agreement, if you breach the Agreement in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the TOW NOW Service, prohibiting you from accessing the TOW NOW Service, blocking computers using your IP address from accessing the TOW NOW Service, contacting your internet service provider to request that they block your access to the TOW NOW Service and/or bringing court proceedings against you.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE TOW NOW SERVICE, INCLUDING BUT NOT LIMITED TO (i) THE USE OR INABILITY TO USE THE TOW NOW SERVICE, (ii) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PROVIDER, EVEN IF THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT OR YOUR USE OF THE TOW NOW SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. SOME STATES AND JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Notwithstanding the foregoing disclaimers and limitations of liability, to the extent the Company is required to provide indemnification by applicable law, the Company shall be responsible for the investigation, defense, settlement and discharge of any claim that the TOW NOW Service or your use of it infringes any third party intellectual property right. Additionally, the company is responsible for addressing any claims by you relating to the TOW NOW Service or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the TOW NOW Service fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in the Agreement shall be deemed an admission that you may have any such claim.

THE COMPANY MAY INTRODUCE YOU TO PROVIDERS FOR THE PURPOSES OF PROVIDING ROADSIDE ASSISTANCE SERVICES TO YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR, CAUSES OF ACTION, DAMAGES ARISING FROM YOUR USE OF THE TOW NOW SERVICE, OR IN ANY WAY RELATED TO THE PROVIDERS INTRODUCED TO YOU BY THE TOW NOW SERVICE.
THE COMPANY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS BETWEEN YOU AND SUCH PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING ROADSIDE ASSISTANCE SERVICES OFFERED VIA THE TOW NOW SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU.

NOTHING IN THE TOW NOW SERVICE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, MEDICAL OR AUTOMOTIVE RELATED MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE TOW NOW SERVICE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THE AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE TOW NOW SERVICE.

Notice

The Company may give notice by means of a general notice on the TOW NOW Service (which may include posting on the Company website), electronic mail to your email address or SMS text message to your mobile phone number provided by you through the TOW NOW Service and on record in the Company’s account information, or by written communication sent by first-class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or SMS text message). You may give notice to the Company at any time by writing only (such notice shall be deemed given when received by the Company), addressed to: Tow Now, Inc. 1408 N. Riverfront Blvd. Ste 230 Dallas, TX 75207 Attention: Support.

Assignment

You may not assign your rights under the Agreement without prior written approval of the Company. The Company may assign your rights under the Agreement without your consent to a parent or subsidiary, or to an acquirer of assets, or to a successor by merger. Any purported assignment in violation of this section shall be void.

Governing Law

The Agreement and the resolution of any dispute related to the Agreement will be governed and interpreted by and under the laws of the State of Texas, without regard to choice of law principles.

International Use and Legal Compliance

The TOW NOW Service is controlled, operated and administered by the Company from within the United States. Company makes no representation that the TOW NOW Service is available for access or use at other locations outside the United States. However, any access or use from outside the United States is still subject to the Agreement. Access to the TOW NOW Service is expressly prohibited from territories where this site or any portion thereof is illegal.

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country: and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

You agree not to access or use any information or materials on the TOW NOW Service in violation of United States export laws and regulations, or any laws or regulations in the country from which you are accessing the TOW NOW Service.

Dispute Resolution

You and the Company agree that any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the TOW NOW Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You acknowledge and agree that you and the Company are each waiving certain rights, including the right to maintain a court action or to have a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Agreement.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (the “Association”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “Arbitration Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration Rules. The arbitration will be conducted by a single arbitrator, who is knowledgeable in consumer disputes, is either a retired judge or an attorney licensed to practice law and who will be selected by the mutual agreement of the parties from the Association’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Association will appoint the arbitrator in accordance with the Arbitration Rules. Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the Arbitration Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any provision of applicable law notwithstanding, the arbitrator will not have the authority to award damages, remedies or awards that conflict with the terms of the Agreement.

The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Arbitration Rules. Each party shall bear its own costs and expenses, and only the prevailing party shall be entitled to an award of reasonable attorney’s fees.

Changes. Notwithstanding the provisions of the modification-related provisions above, if the Company changes this “Dispute Resolution” section after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).

General

No agency, brokerage, joint venture, partnership, employment, franchise or agency relationship exists between you, the Company, Provider or any third party as a result of the Agreement or use of the TOW NOW Service. Without limiting the foregoing, except as expressly set forth herein, the Company is not acting and does not act as an agent or broker for any Users, Providers, or any other user of the TOW NOW Service.
Using the TOW NOW Service with the intent of knowing the Company breakdown pricing is not allowed. The TOW NOW Service is intended for customers who are soliciting Roadside Assistance Services for personal use.
The Company is not an employment service and does not serve as an employer of any User of the TOW NOW Service or any Provider. The Company is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the TOW NOW Service or Provider’s services.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
The failure of the Company to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
The Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Network Delays

THE TOW NOW SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Termination

The Company is entitled to terminate the Agreement at any time, without cause or notice, and with immediate effect (by disabling your use of the TOW NOW Service). The Company is not obligated to give notice of the termination of the Agreement in advance.

The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the TOW NOW Service (or any part thereof) and (ii) refuse any and all current and future use of the TOW NOW Service, suspend or terminate your account (or any part thereof) or use of the TOW NOW Service, for any reason, including if the Company believes that you have violated the Agreement. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the TOW NOW Service.

Prevalence of the English Text

The English text of the Agreement constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

Questions or Comments

If you have any questions, comments or complaints about the TOW NOW Service or the Agreement, please contact us at:

Tow Now, Inc.
1408 N. Riverfront Blvd. Ste 230
Dallas, TX 75207
support@townow.com