You agree, without limitation or qualification, to be bound by the terms of the Agreement in its entirety , when you: (a) access the Site; (b) utilize one of the 24 X 7-Towing Service phone numbers ("Directory Service") in order to be connected with a third party home service professional ("Third Party Service Providers"); and (d) register to become a pro (“Become a Pro”) (the Site, Directory Services, and Become a Pro, collectively the “24 X 7-Towing Service Offerings”). Any and all parties that use the Site will be collectively referred herein as “Site Users”. PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE 24 X 7-Towing Service OFFERINGS IN ANY MANNER OR FORM.
You understand and agree that 24 X 7-Towing Service shall not be liable to you, any other Site User (as defined below) or any third party for any claim in connection with your use of, or inability to use, the 24 X 7-Towing Service Offerings. 24 X 7-Towing Service disclaims any and all liability for any loss, damage, or injury based on Third Party Offerings or other products, services and information directly or indirectly obtained through the 24 X 7-Towing Service Offerings. You understand and agree that 24 X 7-Towing Service is not responsible or liable in any manner whatsoever for any dispute between you and any Site User.
1. Scope/Modification of Agreement. The Agreement constitutes the entire and only agreement between you and 24 X 7-Towing Service with respect to your use of the 24 X 7-Towing Service Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the 24 X 7-Towing Service Offerings. By your continued use of the 24 X 7-Towing Service Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the 24 X 7-Towing Service Offerings shall be subject to the Agreement. If 24 X 7-Towing Service terminates the Agreement for any reason, 24 X 7-Towing Service shall have no liability or responsibility to you. You understand and agree that refusal to use the 24 X 7-Towing Service Offerings is your sole right and remedy with respect to any dispute with 24 X 7-Towing Service. The Agreement only governs your use of the 24 X 7-Towing Service Offerings.
2. Non-Endorsement: Site Content and Site users.
1. 24 X 7-Towing Service does not sponsor, recommend or endorse: (i) any Third Party Service Providers (including Advertisers) that are accessible by and through the Directory Service. The Site facilitates communication between Third Party Service Providers and Site visitors (“Visitors”) that are potential users of associated Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service.
2. 24 X 7-Towing Service does not involve itself in the agreements arrived at by and between Visitors and Third Party Service Providers, or in the actual provision of Third Party Offerings in connection with the relationships created thereby. Therefore, 24 X 7-Towing Service does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Third Party Service Providers. Visitors, and not 24 X 7-Towing Service, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Service Providers that such Visitors contact via the Directory Service.
3. 24 X 7-Towing Service does not review the standing of any Third Party Service Provider with any regulatory authority. Therefore, 24 X 7-Towing Service makes no representation regarding the status, standing or ability of any Third Party Service Provider. 24 X 7-Towing Service does not attempt to verify licenses or insurance, or perform background checks. When considering retaining a Third Party Service Provider, Site Users should perform their own due diligence.
3. Requirements. The 24 X 7-Towing Service Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The 24 X 7-Towing Service Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), you do not have permission to use and/or access the 24 X 7-Towing Service Offerings.
4. Directory Service. 24 X 7-Towing Service provides Visitors with the opportunity to be connected to a Third Party Service Providers based on their category of home service (e.g., plumbers) and their zip code; and (b) obtain contact information for such Third Party Service Providers in order to contact them regarding their Third Party Offerings. Some of the Third Party Service Providers that are accessible by and through the Directory Service pay a fee for inclusion in the Directory Service. Please be advised that 24 X 7-Towing Service does not itself provide any underlying products and/or services, and the ultimate terms and conditions of any Third Party Offerings will be determined by the applicable Third Party Service Providers. You understand and agree that 24 X 7-Towing Service shall not be liable to you or any third party for any modification, suspension or discontinuation of any service offered by any Third Party Service Provider.
5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the 24 X 7-Towing Service Offerings and associated content in accordance with the Agreement. 24 X 7-Towing Service may terminate this license at any time for any reason. Other than where expressly permitted by 24 X 7-Towing Service, you may only use the 24 X 7-Towing Service Offerings on one computer for your own personal, non-commercial use. No part of the 24 X 7-Towing Service Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the 24 X 7-Towing Service Offerings or any portion thereof. 24 X 7-Towing Service reserves all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the 24 X 7-Towing Service Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on 24 X 7-Towing Service infrastructure. Your right to use the 24 X 7-Towing Service Offerings is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the 24 X 7-Towing Service Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the 24 X 7-Towing Service Offerings is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from 24 X 7-Towing Service is prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed at the Site or through the 24 X 7-Towing Service Offerings. The posting of information or material on the Site by 24 X 7-Towing Service does not constitute a waiver of any right in or to such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
8. Legal Warning. Any attempt by any individual, whether or not a 24 X 7-Towing Service customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the 24 X 7-Towing Service Offerings, is a violation of criminal and civil law and 24 X 7-Towing Service will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification. You agree to indemnify and hold 24 X 7-Towing Service, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the 24 X 7-Towing Service Offerings; (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 9 are for the benefit of 24 X 7-Towing Service, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 24 X 7-Towing Service MAKES NO WARRANTY THAT: (A) THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL MEET YOUR REQUIREMENTS; (B) THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WILL BE ACCURATE OR RELIABLE. THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 24 X 7-Towing Service, ANY SITE USER OR OTHERWISE THROUGH OR FROM THE 24 X 7-Towing Service OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 24 X 7-Towing Service SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 24 X 7-Towing Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE 24 X 7-Towing Service OFFERINGS; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE 24 X 7-Towing Service FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF 24 X 7-Towing Service TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 24 X 7-Towing Service. THE 24 X 7-Towing Service OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third-Party Websites. The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites. Because 24 X 7-Towing Service has no control over such third party websites and/or resources, you hereby acknowledge and agree that 24 X 7-Towing Service is not responsible for the availability of such third party websites and/or resources. Furthermore, 24 X 7-Towing Service does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the 24 X 7-Towing Service Offerings, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York or the county of your residence, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here . We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration as set forth above, by filing a separate Demand for Arbitration, which form is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against 24 X 7-Towing Service and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that 24 X 7-Towing Service incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
14. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any 24 X 7-Towing Service Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
15. Contact Us. If you have any questions regarding the Agreement, or would like more information from 24 X 7-Towing Service, please contact us via email