Please read this Agreement carefully before using the Services.
Welcome to www.TowDeals.com (the "System"). Your use of the system and services provided at this site ("Services") is subject to the terms of legal agreement between you and TowDeals Inc. ("TowDeals"). TowDeals seeks to connect consumers to the nation's best service providers. You are joining an elite team of Road Side Assistance Providers. The term ("Roadside Service Provider", "Driver", "You", "Provider" and "Contractor") refers to you, the Roadside Service Provider. The TowDeals System provides the ability to enable persons who seeks roadside assistant services and/or may need to be towed to certain destinations ("Customers") to be given the opportunity to select Roadside Service Providers driving too or near those destinations. TowDeals also plans to electronically dispatch roadside service needs to qualified, reputable roadside service providers. The terms "we", "us", "our" and "TowDeals" refer to TowDeals.com, LLC, an Arizona Limited Liability Corporation located in Tempe Az, 85281. By using the Services, you agree to be bound by the following terms and conditions ("Terms"). This following user agreement describes the terms and conditions on which TowDeals, Inc. offers you access to the TowDeals system. TowDeals reserves the right to modify the Terms from time to time without notice. By continuing using the Services, you consent to such changes. This Agreement describes the terms and conditions that will govern your use of and participation in the TowDeals System. TowDeals is willing to license, not sell, the TowDeals system to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with by using the TowDeals system, or by selecting the box ("I have read the terms of service") You indicate that You understand this Agreement and accept all of its terms. You agree to be bound by the terms and conditions of this Agreement with respect to such Services. If You do not accept all the terms of this Agreement, then TowDeals is unwilling to license the TowDeals system to You. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access the TowDeals System or register for the services provided on TowDeals. Please acknowledge your acceptance of these terms (the "Agreement")
TowDeals does not provide, roadside assistance, transportation or towing services, and TowDeals is not a transportation, or towing carrier. It is up to the Service Provider or vehicle operator to decide whether or not to offer roadside assistance to a customer contacted through the TowDeals System, and it is up the customer to decide whether or not to accept roadside assistance from any Service Provider contacted through the TowDeals System. Any decision by a roadside service provider or customer to offer or accept such services once such user is connected through the TowDeals System is a decision made in such user's sole discretion. TowDeals offers information and a method to connect Service Providers and customers with each other, but does not and does not intend to provide any type of roadside services or act in any manner as a roadside service provider, transportation or towing carrier, and has no responsibility or liability for any roadside services, transportation or towing services voluntarily provided to any customer by any Service Provider using the TowDeals System.
Service Provider represents and warrants the following: i) Service Provider is properly licensed and qualified in all applicable jurisdictions to offer the Services ii) Service Provider is and plans to be in compliance with all applicable federal, state and local laws and regulations to the best of Service Provider's knowledge
TowDeals offers consumers valuable information on roadside services and an opportunity for consumers to procure roadside services offered by the Service Provider (the "Service"), which can be requested and dispatched through the use of Website and its dispatch process (the "Application"). In order to provide the Services under this Agreement, Service Provider hereby agrees to the following: * Upon receiving the roadside service request through a text message or, application, Service Provider will immediately respond to the request. Service Provider agrees to be bound by the transaction upon acceptance of the request. * Upon accepting the request, Service Provider shall establish contact with the consumer and verify all information provided by the consumer. TowDeals is not liable for inaccuracies provided by the consumer. * Service Provider will not subcontract the Services to third parties * Service Provider will not change the destination or the requested service * No other fees such as repair facility bounties or kick-backs will be collected by Service Provider operating under this Agreement * Service Provider will use best efforts to maintain the integrity of the "estimated time of arrival" "ETA", and only be set to "Available" via the "Application" for service requests when able to meet the requirements * Service Provider must administer a random drug test program for their employees and maintain a no‐tolerance policy with regards to illegal drug use by towing equipment operators under this Agreement. * Service Providers must submit drug test results showing compliance with the Drug Free requirements, prior to the provision of Services, and from time-to-time within 90 days of TowDeals request. * Service Provider shall utilize only light-duty, flatbed towing equipment associated with this Agreement * Service Provider shall hold ongoing training and/or safety classes dedicated to the help roadside service professionals improve performance Violation of any of the above can and will result in TowDeals terminating the Agreement.
IN NO EVENT SHALL TOWDEALS, OR ITS AFFILIATES OR SUBSIDIARIES, AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, USERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (including, but not limited to ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE WEBSITE, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with TowDeals, Our services or this agreement (however arising, including negligence) AND WHETHER OR NOT THE COMPANY, or Our agents or representatives know or have been advised of the possibility of such damages, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PROVIDING ANY SERVICE PURSUANT TO THIS AGREEMENT, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of TowDeals or the services, including, without limitation, to damages arising out of communicating and/or meeting with other users of TowDeals or the services, or introduced to you via TowDeals or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, and suppliers, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.
TowDeals has no responsibility whatsoever for the actions or conduct of Providers or Customers. TowDeals has no obligation to intervene in or be involved in any way in disputes that may arise between providers, Customers, or third parties. Responsibility for the decisions you make regarding providing or accepting Service Request rest solely with You. It is each customer and provider's responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. TowDeals may but has no responsibility to screen or otherwise evaluate potential Customers or users. Users understand and accept that. TowDeals has no control over the identity or actions of the customers and providers, and TowDeals requests that users exercise caution and good judgment when using the services. Providers and customers use the services at their own risk.
Service Provider shall submit a charge to the website for any roadside services that the service provider offers. If no charge is submitted, TowDeals will not dispatch you to any one needing roadside services. TowDeals does not accept roadside service requirements for any Medium duty or Heavy Duty services. If tow is "Gone on Arrival"("GOA") or cancelled after it was dispatched, the Service Provider will need to notify TowDeals within 15min of the "GOA" or Cancelation. TowDeals shall pay Service Provider upon request via a direct deposit, business check, or deposits of funds to your TowDeals Pre-Paid Account. For all charges collected on behalf of the Service Provider pursuant to the Pricing Schedule. TowDeals collects a 10 ("Ten") percent commission on all Services originating from the Website with a minimum commission of $5.00 ("Five Dollars") per transaction. The commission will be deducted from Service Providers pre-paid account via the TowDeals Portal, based on the Service Provider's charges submitted to the Website/System. Service Provider agrees it will not charge the consumer additional or hidden fees for the Services provided unless specifically authorized by TowDeals.
TowDeals reserves the right to terminate this Agreement and close any Service Provider account at any time with or without notice. We may, in our sole discretion, immediately terminate a Service Provider's account without notice. If we have reason to believe Service Provider has breached any of the terms of this Agreement, termination of this Agreement shall not limit our right to take any other action against Service Provider that we deem appropriate to defend our rights. You or TowDeals may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination: email@example.com Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the TowDeals System is terminated, this Agreement will remain in effect.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the TowDeals System or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or TowDeals Admin for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. TowDeals has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.
This Agreement is not intended to and does not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between Service Provider and TowDeals. The rights and the obligations of the parties are only those set forth in this Agreement. Service Provider must perform under this Agreement as an independent contractor and not as a representative, employee, agent, or partner of TowDeals. This Agreement is between TowDeals and the Roadside Service Provider, an independent contractor. If the roadside service provider happens to be an individual, nothing in this Agreement implies an employer-employee relationship.
All reports, data, findings or information in any form provided by or on behalf of TowDeals to Service Provider under this Agreement are the property of TowDeals. Such information will include all personal information such as the name, phone number, address, and vehicle information of the consumer who will receive the Services. Service Provider must not allow said information to be made available to any other individual or organization without the prior written consent of the TowDeals. Further, all documents and other information provided to Service Provider by TowDeals are confidential and must not be made available to any other individual or organization without the prior written consent of the TowDeals.
This Agreement shall be governed by the laws of the State of Arizona without regard to choice of law principles. You agree that TowDeals may automatically assign this Agreement and all incorporated agreements, in Our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. No action or condition on the part of the Service Provider shall be deemed a waiver of rights, remedies, breaches, or subsequent defaults by in the performance of or compliance with the terms of this agreement. If any term or provision herein shall be contrary to law or shall be determined to be invalid, void or unenforceable, such term or provision shall be deemed deleted and the remaining provisions and any application thereof shall continue in full force and effect. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and TowDeals with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.
Your Information is any information You provide, publish or display ("post") to the TowDeals System or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the TowDeals System, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.
By accepting this Agreement, a Service Provider and/or Driver agrees that We may obtain information about the Service Provider and/or Driver, including without limitation the Service Providers and/or Driver's driving record, references and credit information. A Service Provider and/or Driver hereby authorizes Us to perform a background check on a Service Provider and/or Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Service Provider and/or Driver's official driving record, references and credit information during the term of the Agreement.
As part of the functionality of the TowDeals System, You may be able to login through online accounts You may have with third party service providers (each such account, a "Third Party Account") by either:
You represent that You are entitled to disclose Your Third Party Account login information to TowDeals and/or grant TowDeals access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating TowDeals to pay any fees or making TowDeals subject to any usage limitations imposed by such third party service providers. By granting TowDeals access to any Third Party Accounts, You understand that
Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the TowDeals System. Please note that if a Third Party Account or associated service becomes unavailable or the TowDeals System's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the TowDeals System. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. TowDeals makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and TowDeals is not responsible for any SNS Content.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the TowDeals System if You have misused the TowDeals System or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your participation on the TowDeals System or through the Services, You agree that You will not:
You further agree that Your Information and Your interactions on the TowDeals System shall not:
TowDeals owns and retains ownership in the TowDeals System, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, TowDeals hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the TowDeals System on
This license does not allow You to use the TowDeals System on any Android device, iPod touch, or iPhone that You do not own or control, and You may not distribute or make the TowDeals System available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the TowDeals System. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the TowDeals System, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of TowDeals and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by TowDeals that replace and/or supplement the TowDeals System, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Location data provided by the TowDeals System is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither TowDeals, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.
Any of Your Information, including geolocational data, You upload, provide, or post on the TowDeals System may be accessible to certain Users of the TowDeals System. We cannot verify or guarantee the accuracy of the information Users provide Us on the TowDeals System, and We do not control the information provided by other Users that is made available through Our system. Therefore, TowDeals cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the TowDeals System. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the TowDeals System, You agree to accept such risks and TowDeals is not responsible for the acts or omissions of users on the TowDeals System. In order to help You evaluate with whom You are dealing, TowDeals can link to a User's Facebook.com profile if they supply Us with their Facebook.com account information. We also encourage You to communicate directly with each potential Provider or Customer prior to engaging in an arranged roadside service.
E-mail communications and text messages sent from Us or through Us are designed to make Your TowDeals experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Roadside Service Providers or Customers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. TowDeals reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.
All intellectual property rights on the TowDeals System and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the TowDeals System are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the TowDeals System or the Services ("Submissions"), provided by You to Us are non-confidential and shall become the sole property of TowDeals. TowDeals shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
TowDeals respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to TowDeals Copyright Agent at TowDeals Inc., Tempe Az, 85281;
A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow TowDeals to locate the material, and explain why You think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The TowDeals System contains (or You may be sent through the TowDeals System or the Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the TowDeals System or any Third Party Applications, Software or Content posted on, available through or installed from the TowDeals System, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the TowDeals System and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the TowDeals System or relating to any applications You use or install from the TowDeals System.
We, Our subsidiaries, officers, directors, employees and our suppliers provide the TowDeals System and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the TowDeals System and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the TowDeals System or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the TowDeals System or in connection with the Service, whether posted or caused by Users of the TowDeals System, by TowDeals, by third parties or by any of the equipment or programming associated with or utilized in the TowDeals System or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the TowDeals System and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the TowDeals System or in connection with any Content. TowDeals is not responsible for the conduct, whether online or offline, of any user of the TowDeals System or Services. It also is possible for others to obtain personal information about You due to Your use of the TowDeals System or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the TowDeals System or through the Services.
You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the TowDeals System or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers"). TowDeals only offers a venue that enables Roadside Service Providers and Customers to connect with each other. TowDeals does not offer roadside service's, transportation, or towing services and TowDeals is not a roadside service, transportation, or towing company. We are not involved in the actual roadside service, transportation, or towing provided by Providers to Customers. As a result, We have no control over the quality or safety of the roadside service, transportation, or towing that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants' information listed on the TowDeals System. We cannot ensure that a Provider or Customer is who he or she claims to be or that a Provider or Customer will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the TowDeals System and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by TowDeals or the TowDeals System.
The TowDeals System and the Services may be temporarily unavailable from time to time for maintenance or other reasons. TowDeals assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. TowDeals is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the TowDeals System, on any web site or any combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.
In the event that You have a dispute with one or more Users, You agree to release TowDeals (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the TowDeals Service or the Services. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Without limiting other remedies, TowDeals may terminate Your Participation, remove Your Information, warn Our network or community of Your actions, issue a warning, and refuse to provide Our services to You if: You breach this Agreement or the documents it incorporates by reference;
We are unable to verify or authenticate any information You provide to Us;
We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject TowDeals or You or any other User to regulation by any state or local government or regulatory agency; or
if We suspect that You have engaged in fraudulent activity in connection with the TowDeals System or the Services
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to TowDeals business, operations and properties ("Confidential Information") disclosed to You by TowDeals for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TowDeals in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to TowDeals with regard to any Confidential Information which You can prove:
was in the public domain at the time it was disclosed by TowDeals or has entered the public domain through no fault of Yours;
was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;
is disclosed with the prior written approval of TowDeals;
becomes known to You, without restriction, from a source other than TowDeals without breach of this Agreement by You and otherwise not in violation of TowDeals rights; or
is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to TowDeals to enable TowDeals to seek a protective order or otherwise prevent or restrict such disclosure.
You and TowDeals are independent contractors, and no agency, partnership, Service Provider, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to TowDeals shall be given by certified mail, postage prepaid and return receipt requested to TowDeals Inc.,
Tempe Az, 85281, and any notices to You shall be provided to You through the TowDeals System or given to You via the email address You provide to TowDeals during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to TowDeals during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@TowDeals.com.
In order to operate the TowDeals System and to provide You with information about products or services that may be of interest to You, We may "personal information" (i.e. information that could be used to contact You directly (without using the TowDeals System) such as full name, postal address, phone number, credit/debit card information, or email address) or "demographic information" (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with TowDeals and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your TowDeals account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
"non-public information", which consists of service transaction information and one-on-one communications between You and other users of the TowDeals System; and
"public information", which consists of all other demographic information.
Please note that nowhere on the TowDeals System do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.
We use Your email address and Your other personal information to help Us efficiently operate the TowDeals System, to contact You in connection with Your transactions and other activities on the TowDeals System (including, but not limited to, confirmation emails, or important news that could affect Your relationship with TowDeals), to forward service request information to You from other Users, to forward service request information from You to other Users, and to contact You and others to suggest potential connections. We use Your contact information to find and connect with Your customers (when instructed by You). These types of communications are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the TowDeals System, including processing Your transactions and supporting Your activities on the TowDeals System, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the TowDeals System, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the TowDeals System, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
TowDeals provides You with the ability to access and edit Your service provider information. To update Your service provider info, login to the TowDeals portal. There You can view, update and correct Your company information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your address, that You cannot alter Yourself.
Our databases automatically update any service provider information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of TowDeals upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
TowDeals provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. TowDeals gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
Your TowDeals Profile is password-protected so that only You have access to Your password information. If You have registered for TowDeals using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. TowDeals staff will never proactively reach out to You and ask for any personal account information, including Your password If You share a computer, You should sign out of Your TowDeals account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.
TowDeals has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
If You have any questions about this privacy statement, the practices of TowDeals, or Your dealings with TowDeals, You may contact Us at support@TowDeals.com.