Terms of Service
Effective Date: November 18, 2017
Before accessing and using the Services, please read these Terms carefully because they form a legal agreement between TowZing and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS;
- YOU ARE AT LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT; AND
- IF YOU ARE USING THE SERVICES ON BEHALF OF A THIRD PARTY, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN TOWZING AND THE THIRD PARTY AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT THIRD PARTY TO THESE TERMS.
Please carefully read the “WARRANTY DISCLAIMER,” “LIMITATIONS OF LIABILITY” and“DISPUTE RESOLUTION” sections.These provisions limit TowZing’s liability to you andaffect how disputes are resolved.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.
TowZing provides a platform through which independent providers (the “Alliance Members”) can offer access to towing, fuel delivery, vehicle lockout, tire changes, battery replacements, jump starts and other automobile roadside assistance (“Towing Services”). Alliance Members offer Towing Services in the United States.
Individuals who need Towing Services (“TowZing Customers”) use the TowZing mobile application (available in Google Play and the App Store) (“TowZing App”) or a version of the TowZing App that is branded for a TowZing Client to request and pay for Towing Services.
Alliance Members connect with TowZing and TowZing Customers through the TowZing Operator mobile application (“TowZing Operator App”).
Insurance companies, car dealers, automobile clubs and associations and other organizations (“TowZing Clients”) use the Services to connect with Alliance Members who can provide Towing Services to their customers, members or other individuals who need Towing Services.
Alliance Members, TowZing Customers and TowZing Clients are collectively referred to as “Users.”
YOU ACKNOWLEDGE AND AGREE THAT TOWZING IS A NOT A TOWING OPERATOR AND DOES NOT PROVIDE TOWING SERVICES.
OBTAINING TOWING SERVICES THROUGH THE TOWZING APP DOES NOT ESTABLISH TOWZING AS THE PROVIDER OF THE TOWING SERVICES. TOWZING PROVIDES TECHNOLOGY PLATFORM AND COLLECTS PAYMENT FOR ALLIANCE MEMBERS PROVIDING TOWING SERVICES.
CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features, TowZing may revise or supplement these Terms. We will provide you with advance notice of material revisions to these Terms. We will not make revisions that have a material retroactive effect unless we are legally required to do so. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. As of the Effective Date, the amended Terms supersede all previous versions of or notices or statements about these Terms.
TOWZING’S INTELLECTUAL PROPERTY RIGHTS
TowZing and its licensors reserve and retain all right, title and interest in and to the Services, including TowZing’s business names, logos, product and service names, trademarks or services marks (“TowZing Marks”) and any information, graphic, artwork, text and other content provided on, in or through the Services, (collectively with the TowZing Marks, “TowZing Content“). Any open source or third-party code incorporated in the Services is covered by the applicable open source or third-party license authorizing its use. The inclusion of a link to any third-party website or service does not imply any association with the third-party website or service.
USING THE SERVICES
If you agree to these Terms, then TowZing grants you a personal, revocable, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Services. You acknowledge that the trade secrets embodied in the Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by TowZing.
If you are or represent a TowZing Client, you are required to create a business account that is governed by a separate agreement (“Client Agreement”).
If you are a TowZing Customer, you are required to create an account (“Account”) to use the Services to request Towing Services. You must be the age of legal majority or older in your place of residence to create an Account. You agree that you will maintain the information in your Business Account or Individual Account (together, an “Account”) to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, TowZing may terminate your Account and use of the Services without notice.
You agree to protect the security of your Account. You are responsible for all use of your Account, including all charges incurred through your Account.
Access to the Services
You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
By agreeing to receive text messages, you understand and agree that TowZing uses an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
Restrictions on Use of Services
You may use the Services for lawful, non-commercial purposes only. You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other Users’ Accounts or TowZing’s computer systems or networks,
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services or TowZing Content;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any features or functionality of the Services to any third party for any reason;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without TowZing’s written consent;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- Use the Services to advertise, buy or sell any products or service except as expressly authorized by TowZing;
- Create more than one Account under false pretenses; or
- Collect or store information about any other User without his or her consent.
TowZing may from time to time offer areas in the Services where you and other Users can post or otherwise submit reviews, suggestions, ideas, notes, concepts or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions. But, by submitting your Submission, you grant TowZing and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and TowZing’s products without further notice to or consent from you. Under no circumstances are you entitled to payment if TowZing uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to TowZing under these Terms;
- Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
From time to time, TowZing may offer you the opportunity to participate in discounts, offers or other promotions (collectively, “Promotions”). We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed. You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. Unless required by law, you may not combine any Promotion-related prize, premium or other benefit with a benefit received in connection with any other Promotion.
ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM TOWZING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE TOWZING AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN A PROMOTION OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
FEES FOR THE SERVICES
If you are a TowZing Client, the fees for Towing Services are set forth in your Client Agreement.
TowZing does not store, process or transmit any of your credit or debit card data. TowZing relies entirely on www.authorize.net to handle these functions.
The estimated fee for Towing Services is set by the Alliance Member providing the Towing Services and communicated to you through the TowZing App. You understand and agree that the final fee for Towing Services may exceed the estimated fee provided through the TowZing App depending on your particular circumstances. Please direct your questions about the fee charged for Towing Services to the Alliance Member providing the Towing Services.
You are responsible for your actions. You agree to indemnify and defend TowZing and its directors, officers, members, managers, employees and agents (“TowZing Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against any of the TowZing Parties by any third party arising from your use of the Services in violation of these Terms or applicable law. TowZing reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any of the TowZing Parties may be made without TowZing’s prior written approval.
Although we use commercially reasonable efforts to make sure that the Services are accurate and reliable, TowZing does not warrant that the Services are accurate, complete, reliable or error-free.
We do not guarantee availability of the Services at all times of the day. TowZing may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOWZING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU UNDERSTAND THAT TOWZING MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE TOWING SERVICES. YOUR USE OF THE TOWING SERVICES IS AT YOUR OWN RISK.
Any oral or written advice provided by TowZing or its agents does not and will not create any warranty.
LIMITATIONS OF LIABILITY
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TOWING SERVICES BUT YOU AGREE THAT TOWZING HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO TOWING SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TOWZING IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE TOWING SERVICES.
YOU AGREE THAT TOWZING’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO THE GREATER OF THE TOTAL FEES PAID BY YOU TO TOWZING DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that TowZing would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
California Residents: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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.”
Any dispute between you and any of the TowZing Parties arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, “Covered Disputes“) will be settled in accordance with the process set forth in this “Dispute Resolution” Section.
These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Florida without giving effect to the principles of conflicts of laws rules.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. TowZing will provide such notice by mail or e-mail using the contact information on file with TowZing and you must provide such notice by mail to TowZing, LLC, 4140 SW 28th Way, Fort Lauderdale, Florida 33312, Attention: Legal, Email: with the subject line “Dispute.”
If TowZing and you are not able to resolve a dispute after 60 days, then TowZing or you may initiate arbitration in accordance with the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS Rules”) in effect as of the time of the submission of a Covered Dispute for arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If, however, you are a TowZing Customer and can demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, TowZing will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you.
If the arbitrator determines that any claim you assert in the arbitration is frivolous, you agree to reimburse TowZing for all fees associated with the arbitration that TowZing paid on your behalf, which you otherwise would be obligated to pay under the JAMS Rules.
A single arbitrator will be selected in accordance with the JAMS Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Neither TowZing nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class or representative basis.
If any provision of the agreement to arbitrate in this “Dispute Resolution” Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this “Dispute Resolution” Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16.
Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against TowZing under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION WHERE YOU RESIDE.
You may stop using the Services at any time. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
NOTICE TO CALIFORNIA RESIDENTS
With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Services, California residents are entitled to the following specific consumer rights information:
The provider of the Services is TowZing, LLC, 4140 SW 28th Way, Fort Lauderdale, Florida 33312.
To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact TowZing via e-mail at Info@TowZing.com with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
UPDATES TO THE SERVICES
TowZing may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates also may modify or delete certain features and functionality. You agree that TowZing has no obligation to provide Updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, then Updates will automatically download and install or you may receive notice of or be prompted to download and install available Updates.
Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. All Updates are part of the Services and subject to these Terms.
ADDITIONAL TERMS; LINKS TO OTHER WEBSITES AND SERVICES
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, then the Additional Term will prevail for the Services to which the Additional Terms apply.
IF ANY OF TOWZING’S CONTRACTS WITH TOWZING CLIENTS OR ALLIANCE MEMBERS CONFLICT WITH THESE TERMS, THEN THE CONTRACT PREVAILS OVER THESE TERMS.
The Services also may contain links to other websites and services that we think may interest you but that are not our business partners (collectively, “Linked Services”). Linked Services are not under the control of TowZing and TowZing is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by TowZing of the Linked Services or any association with the operators of the Linked Services. TowZing does not investigate, verify or monitor the Linked Services. TowZing provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
TERMS APPLICABLE TO USE OF THIRD-PARTY MOBILE APPLICATION PLATFORMS
If you download our applications from a third-party app platform or store (the “App Platform”), you acknowledge and agree that:
- These Terms are an agreement between us and not with the App Platform. As between TowZing and the App Platform, TowZing is solely responsible for the applications;
- The App Platform has no obligation to provide any maintenance and support services with respect to the applications;
- In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between TowZing and the App Platform, TowZing’s responsibility;
- The App Platform is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
- If a third party claims that an application infringes another party’s intellectual property rights, as between the App Platform and TowZing, TowZing is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
- The App Platform and its subsidiaries are third-party beneficiaries of these Terms as relates to your license to the applications. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
- You must also comply with all applicable third-party terms of service when using the applications.
Certain Services may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release those Services to or make them accessible from any jurisdiction or country to which export, re-export, or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.
US GOVERNMENT RIGHTS
The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
The Services are based in the State of Florida in the United States. You acknowledge that you may not be able to access the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
You agree that you will not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country designated by Sponsor and/or the United States Treasury’s Office of Foreign Assets Control; to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; and in any other jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. TowZing reserves the right to limit the availability of the Services to any person or geographic area at any time.
GENERAL LEGAL TERMS
- Your affirmative act of using and/or registering for the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with TowZing electronically.
- You agree that TowZing may send you notice via email to the email address you have provided. TowZing is are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that TowZing may post legal notices in the Services.
- Our failure to exercise or enforce any right or provision of these Terms is not a waiver of the right or provision. Waivers are effective only if in writing and signed by TowZing and you.
- These Terms may not be amended unless in writing.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- Nothing contained in these Terms will be deemed to constitute TowZing or you as the agent or representative of the other or as joint venturers or partners.
- These Terms inure to the benefit of and will be binding upon TowZIng’s and your permitted successors and assigns.
- You must not transfer any of your rights or obligations under these Terms to anyone else without TowZing’s prior written consent. All of our rights and obligations under these Terms are assignable.
- Headings and captions are for convenience only.
TOWZING CONTACT INFORMATION
Please address your questions about the Services to:
Attn: Customer Service
4140 SW 28th Way,
Fort Lauderdale, Florida 33312
* * * * *
CLAIMS OF COPYRIGHT INFRINGEMENT
We respond to notices of alleged infringement as required by the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. Our Copyright Agent only responds to notices that comply with the requirements of the DMCA. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information. Please do not send any other correspondence or inquiries to our Copyright Agent.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Services, please send your claim or notice of infringement (“DMCA Notice”) to our Copyright Agent at the address below.
Your DMCA Notice must be in writing, and must include the following: a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list); a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material; enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address; a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law; a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. You must sign (physically or electronically) your DMCA Notice.
After we receive your DMCA Notice, we will promptly remove or disable access to the allegedly infringing materials.
TowZing may forward a copy of a DMCA Notice (including name and email address) to the alleged infringer or may forward a copy of a DMCA Notice to http://www.chillingeffects.org for publication. Any User may ask for a copy of any DMCA Notice, although TowZing may make certain redactions to eliminate irrelevant or personal information. TowZing will terminate, under appropriate circumstances, the Accounts of Users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any User for actual or apparent copyright infringement or other violations of intellectual property rights.
DMCA Counter Notification
If we receive a counter notification from you and TowZing does not receive notice that a court action was filed, we will no longer accept notices from the same copyright holder regarding the content in question on the reported pages.
Under the DMCA, a counter notification must be in writing and include following:
- Identification of the material that has been removed or to which access has been disabled, including the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address provided by you is located (or if the address provided by you is outside the United States, you consent to the jurisdiction of the Federal District Court for any judicial district in which TowZing may be found) and that you will accept service of process from the person who provided the notice or an agent of such person; and
- Your physical or electronic signature on the counter notification.
Copyright Agent Contact Information:
Attn: Copyright Agent
4140 SW 28th Way,
Fort Lauderdale, Florida 33312
Email: Info@TowZing.com with the subject line “Copyright Agent.”