Lone Mountain Tow Truck Company
www. lonemountaintowtruck.com
Terms of Service
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR THE REFERRAL SERVICE. USE OF THE SITE CONSTITUTES TOTAL AGREEMENT OF ALL TERMS.
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Terms and Conditions (“User Terms”) constitute a legally binding agreement between the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE (“LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE” “we”, “us”, or “our”), the website and its related software application and platform (hereafter, collectively referred to as the “LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE”) and you (“you” or “your”), the user of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE BY USING THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE FOR HELP, YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’S PRIVACY POLICY, WHICH CAN BE FOUND ON THE WEBSITE UNDER “PRIVACY POLICY” AND INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE ORDERED TO CEASE AND DECIST USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
THE USER TERMS ARE INTENDED FOR ALL USERS OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REQUEST AN APPOINTMENT OR INFORMATION OR REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
1. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE Overview
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE provides an online platform whereby users can connect with vendors who offer roadside assistance and tow services (hereafter, “Providers”). Users can access the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE through the use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE MOBILE APPLICATION and can be accessed by you on your single mobile device (smart phone) or computer. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not directly involved in or otherwise a party to any transactions that may take place between users and Providers. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE has no control over the quality, safety, or legality of any aspect of Providers’ services or offerings or any claims made by Providers about the services they offer, the truth or accuracy of warranties or pricing supplied by Providers to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, the ability of Providers to provide the services offered, or the ability of users to pay for Provider’s services. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE does not conduct background checks regarding any users or Providers. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not a broker, agent or insurer for any users or Providers. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. We encourage you to communicate directly with potential transaction partners through the tools available through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. All purchases made by users from Providers are made at each party’s own risk. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE has customer information and privacy policies as set forth in its PRIVACY POLICY as provided on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE which is fully incorporated herein by reference.
2. Registration for the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service.
Registration request for appointment, service or quote with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service is subject to the following additional terms and conditions:
(a) Eligibility: By registering with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, vehicle information (make, model, year, etc.), and credit card or financial account payment information is completely accurate and truthful. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may, in our sole discretion, refuse to offer access to or use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICES to any party and change the eligibility criteria at any time. By registering with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
(b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE of any unauthorized use of your password or any breach of security. You also agree that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE shall not be liable for any loss or damage arising from your failure to keep your password secure.
(c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the User Terms as well as all other operating rules, policies and procedures that may be published from time to time via the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service, each of which is incorporated herein by reference and each of which may be updated by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE from time to time without notice to you.
3. How to use the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service.
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE offers you a platform to send a request for roadside assistance or tow services to a Provider. The GPS receiver, which should be installed on the mobile device (smart phone), or Internet Protocol address on your computer, requests your permission to detect your location and sends your location information to the relevant Provider. The Provider has sole and complete discretion to accept or reject each request for service. The Provider also has sole and complete discretion over whether to use the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE to receive the leads generated through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE platform. If the Provider accepts a request, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application notifies you and provides information regarding the Provider – including vehicle information, and the ability to contact the Provider by telephone.
Once you select a Provider, please note the following:
PAYMENT AUTHORIZATION: If paying in advance via phone call or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or MOBILE APPLICATION, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE will place an immediate payment authorization to your credit card account in the estimated amount of the service (or in the case of roadside assistance, the amount quoted in the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application). However, the ultimate charge to your credit card account will be for the actual cost of the service.
CANCELLATION
You may cancel your order within 5 minutes of the Provider dispatching a vehicle to your location at no cost to you. If more than 5 minutes have elapsed after the Provider dispatched a vehicle and prior to driver arriving on scene, cancellation is subject to payment of a $30 non-refundable charge. You will be charged the full amount of the quoted service price for any of the following cancellation instances/reasons: driver is on scene and you cancel for any reason; driver determines you have inaccurately stated the conditions of your vehicle thus the cost of service will be higher than initially quoted and you cancel service; you are Gone-On-Arrival (GOA) and/or fail to cancel service.
ADDITIONAL CHARGES
To the extent your description of the services needed and/or conditions impacting your vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive than your description indicated, the price quote provided through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application shall not be binding and you are responsible for paying for any additional services needed and/or requested.
For the avoidance of doubt: The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE itself does not provide any roadside assistance or tow services, and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not a services carrier. Any roadside assistance and/or tow services are through the Provider. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE solely provides the platform through which you and the Provider can learn about each other. The provision of the services by the Provider to you is therefore subject to any agreement that you choose to enter into with the Provider. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is never a party to any such agreement and you hereby agree to release the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE from all liability and claims arising from any acts or omissions of Provider.
4. Your Use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
By using the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, you agree to the following restrictions on your use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE:
You warrant that the information you provide to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is accurate and complete. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is entitled at all times to verify the information that you have provided and to refuse the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service for any reason or no reason. You may only access the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service using authorized means. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not liable if you do not have a compatible mobile device or computer. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves the right to terminate the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service should you attempt to access the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE with an incompatible or unauthorized device or computer.
You will only use the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Service for your sole, personal use and will not resell it to a third party;
5. Payment
Use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE without obtaining Provider services is free of charge for users. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves the right to introduce certain fees in the future. However, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE shall provide you with prior written notice of such fees.
The rates for the services charged by Providers can be accessed through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. These may be modified or updated by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE from time to time. It is your own responsibility to remain informed about the current rates for the services.
You agree that you will pay for all services you purchase from the Provider, and that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may charge your credit card account as provided by you when registering for the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE for the Provider services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. The processing of payments or credits, as applicable, in connection with your use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not responsible for any errors by the Payment Processor and you hereby agree to release the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE will obtain certain transaction details, which shall be maintained in accordance with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s Privacy Policy.
6. No Employment/Agent/Broker Relationship
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not an employment service and does not serve as an employer of any user of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or Provider. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not acting and does not act as an agent or broker for any users, Providers, or any other user of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
7. Indemnification
By using the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, you agree that you shall defend, indemnify and hold the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, or (c) your use or misuse of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
8. Liability Limitation
BY USING THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, (c) YOUR FAILURE TO PROVIDE THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
9. Disclaimer
The information, recommendations and/or services provided to you on or through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE is for general informational purposes only and does not constitute advice. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE does not guarantee continuous, uninterrupted access to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. Although the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE attempts to maintain the integrity and accuracy of the information accessible through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE by other users or third parties without the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s knowledge. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE cannot and does not guarantee that the contents of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or mobile application are free of errors, defects, malware and viruses. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.
The quality of the services requested through the use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE is entirely the responsibility of the Provider who ultimately provides such services to you. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider and you hereby agree to release the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.
THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE AND ITS AFFILIATES PROVIDE THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE IS AT YOUR SOLE RISK AND THAT THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE WILL BE CORRECTED. THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
10. License Grant, Restrictions and Copyright Policy
For purposes of these User Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software including that of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Content” means Content owned or used by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, its affiliates or licensors and made available through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE including the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, mobile application, including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE user posts, uploads, publishes, submits or transmits to be made available on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
“Collective Content” means, collectively, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Content and User Content.
Subject to your compliance with these User Terms, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE grants you a limited, non-exclusive, non-transferable license:
To view, download and print any of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or its licensors, except for the licenses and rights expressly granted in these User Terms.
11. License Granted by User
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. User Content will be deemed non-confidential and non-proprietary. Accordingly, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE shall have the right and you hereby grant the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or through the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third-party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE the rights granted in the License Grant without restriction.
You acknowledge that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE does not continuously monitor User Content published by you or any other user or moderate between users and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE. Any use by you of the User Content is entirely at your own risk.
You agree to indemnify and hold harmless the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or its affiliated companies related to any Content posted or transmitted by you or your other use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
12. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE Mobile Application License
Subject to your compliance with these User Terms, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE grants you a limited non-exclusive, non-transferable license to use the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application and to access the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE via a single mobile device or computer that you own or control and to run such copy of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application in any way; (ii) modify or make derivative works based upon the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application, or (c) copy any ideas, features, functions or graphics of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or the data contained therein; or (v) attempt to gain unauthorized access to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or its related systems or networks.
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE has no obligation to monitor your access to or use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or Collective Content or to review or edit any Collective Content but has the right to do so for the purpose of operating the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
13. Intellectual Property Ownership
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE or SERVICE, in which you hereby assign all rights, title and interest to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or any intellectual property rights owned by the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s name, logo, and the product names associated with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE are trademarks of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, its affiliated companies or third parties, and no right or license is granted to use them.
14. App Store Sourced Application
With respect to any application accessed through or downloaded from Google Play or Apple App Store (“App Store Sourced Applications”), you agree that you will use the App Store Sourced Applications only: (i) on a product that runs the required proprietary operating system software; and (ii) as permitted by the “Usage Rules” set forth by the respective App Store in their Terms of Service. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE reserves all rights in and to the application not expressly granted to you under these User Terms.
You acknowledge and agree that (i) these User Terms are valid between you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE only, and not Google or Apple, and (ii) the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, not Google or Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Google and Apple have no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Google and Apple, and Google and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and Google and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
You and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE acknowledge that, as between the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and Google and Apple, Google and Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and Apple, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE acknowledge and agree that Google and Apple, and Google and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
15. Third Party Interactions
During the use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, links to websites that are
owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE and are beyond the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s control.
During use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. These links take you off the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE and are beyond the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
16. Termination of the Agreement
The agreement between the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must cease and desist immediately using the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE’s, contacting any of the Providers and permanently delete the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE mobile application installed on your smart phone, thus disabling your use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE.
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE).
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE is not obliged to give notice of the termination of the Agreement in advance. After termination the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE will give notice thereof if required by these User Terms.
17. Invalidity of one or more provisions
If any provision of these User Terms should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these User Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.
18. Modification of the Service and User Terms
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may change these User Terms and will post the modified terms (which shall then become the agreement between you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE) with the new effective date listed above. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE. Your continued use of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.
19. Notice
The LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may give notice by means of a general notice on the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or mobile application, or by electronic mail to your email address on record in the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s account information, or by written communication sent by regular mail to your address on record in the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s account information.
20. Assignment
You may not assign your rights under these User Terms without prior written approval of the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
21. Applicable law and Dispute Resolution
The User Terms and the resolution of any dispute related to these User Terms will be governed and interpreted by and under the laws of the State of Texas, County of Dallas, United States of America without giving effect to any conflicts of laws principles that require the application of the law of a different state. You and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE agree to resolve any disputes between us in accordance with this Section 21. If you believe that the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE has not adhered to the User Terms or you have any dispute with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE, please contact the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE using the contact information provided below. We will do our best to address your concerns and each party agrees to attempt to resolve any disputes with the other amicably.
Except as provided herein, you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE relating to the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE SERVICE or these User Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). If AAA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
For any claim where the total amount of the award sought is $10,000 or less, the AAA (or ADR Provider, if applicable), you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules and the hearing (if any) will be held in a location reasonably convenient to both parties unless the parties agree otherwise on a specific location.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE also have the right to bring qualifying claims in small claims court. In addition, you and the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these User Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these User Terms.
Neither you nor the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and or the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section 21 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 21 shall continue in full force and effect. No waiver of any provision of this Section 21 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this User Terms. This Section 21 will survive the termination of this User Terms or your relationship with the LONE MOUNTAIN TOW TRUCK COMPANY WEBSITE.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES OR THE RULES OF AN ADR PROVIDER.
22. English Text
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
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