TOWING NATION™ Terms of Service Agreement
- General/Intro: The following terms and conditions (“T&C”) govern the relationship between You and Body Shop Nation, inc, a Delaware Corporation, for the TOWING NATION TM service (“TNS”). By signing up for TNS you agree to be bound by the T&C and act in accordance with them, and recognize this Agreement as a legal contract between you and TN.
If you do not accept and agree to all provisions of the T&C, now or in the future, you may reject the T&C by immediately terminating all access and use of TNS, in which case any continuing access or use of TNS is unauthorized.
This Agreement is a limited, fully revocable, nonexclusive license to access the TNS and use the TNS, in whole or in part, including but not limited to TN intellectual property therein, solely in compliance with the T&C.
- Cessation of Service: TN has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of TNS at any time without notice. TN and TN representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
- Own Account Use: Use is authorized only for accounts associated with their specific users and/or user groups. Users are not authorized to share or distribute account information or account access information with anyone not specifically associated with their account. Users are not authorized to use accounts of others. Users are not authorized to give, share, lend, or otherwise provide access, directly or indirectly to those who are not authorized users associated with their account.
- Sale of Account: The purchase, sale, lease, rental, and/or resale of accounts is expressly prohibited.
- Geolocation and Global Positioning Systems: Upon permission granted by You TN may from time to time access your current location whether via mobile device, personal computer, or other device. Geolocation and/or Global Positioning services may be provided by a third party under contract with TN.
- Territory: The world
- Unauthorized Access & Activities: To maintain the integrity and functionality of TNS for its users, access to TNS and/or activities related to TNS that are harmful to, inconsistent with or disruptive of TNS and/or its users’ beneficial use and enjoyment of TNS are expressly unauthorized and prohibited.
- Content: You are also responsible for any content that you transmit, cause to be transmitted or provide for the purpose of transmission.
Content prohibited from TNS includes but is not limited to:
- illegal content;
- content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
- offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
- content that discloses another’s personal, confidential or proprietary information;
- false or fraudulent content;
- malicious content (including, without limitation, malware or spyware);
Any access to or use of TNS to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with TNS (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
- Conduct: TN does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research, and/or due diligence with respect to any user or user conduct. Your use of the TNS is at your own risk.
You are also responsible for your own conduct and activities on, through or related to TNS, and you are responsible for all conduct or activities on, through or by use of your account. TNS has the right, but not the obligation, to regulate conduct (including but not limited to any authorized or unauthorized access to or use of TNS) by any user (or any other third party in any manner)
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the T&C.
- Enforcement: TN reserves the right to enforce the TNS, for any reason and in any manner or by any means that TN, in its sole discretion, deems necessary or appropriate. TN may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. TN action or inaction to regulate content or conduct or to enforce against any potential violation of the T&C by any user (or any other third party) does not waive TN’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential T&C violation.
- Spam/Unauthorized or Unwanted communication: Spam, unauthorized or unwanted communication (including but not limited to harassment, derogative remarks, false or fake inquiries or false or fake offers) are expressly prohibited and may result in the immediate suspension or termination of your account.
- Limitation of Liability: You also understand and agree that any action or inaction by TN or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “TN representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential T&C violation is undertaken voluntarily and in good faith, and you expressly agree that neither TN nor any TN representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the T&C.
TN Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of TN will “take care” of any alleged problem or complaint, or that they or anyone else on behalf of TN will otherwise stop, cure or prevent any problem, content, conduct or purported T&C violation from occurring or recurring. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by TN ‘s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
- Fees & Refunds: TN does not collect fees for towing services provided by third party towing service providers. Fees received by TN for TNS are paid by towing service providers under contract with TN. TN is not responsible for complaints regarding towing service providers, towing requests, damage to vehicles towed, or refunds requested. All towing service issues shall be addressed solely with the towing service provider.
- Representations & Warranties:
You represent and warrant the contact information (including but not limited to, address, phone number, and email address) provided to TN is accurate and is either your own or given under authorization of the contact information owner.
You represent and warrant that your use of the TNS does not violate any laws, agreements, contracts or commitments made to third parties.
You represent and warrant that you are at least 18 years of age.
- Disclaimers: YOUR ACCESS TO, USE OF AND RELIANCE ON TNS AND CONTENT ACCESSED THROUGH TNS IS ENTIRELY AT YOUR OWN RISK. TNS (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, TNS ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO:
- THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF TNS AND CONTENT ACCESSED THROUGH TNS;
- COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF TNS OR CONTENT ACCESSED THROUGH TNS;
- ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF TNS OR CONTENT ACCESSED THROUGH TNS.
THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Limitations of Liability:
- Content: TN DOES NOT CONTROL, IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCESS TO, US OF AND/OR RELIANCE ON ANY CONTENT. YOU MUST CONDUCT ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDISCIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO ANY CONTENT.
TN AND THE TN REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON TNS OR CONTENT ACCESSED THROUGH TNS BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO TNS OR CONTENT ACCESSED THROUGH TNS, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF TN OR ANY TN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF TNS OR CONTENT ACCESSED THROUGH TNS; ANY INABILITY TO ACCESS OR USE TNS OR CONTENT ACCESSED THROUGH TNS; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF TNS OR CONTENT ACCESSED THROUGH TNS.
- Conduct: YOU AGREE TO INDEMNIFY AND HOLD TN AND TN REPRESENTATIVES HARMLESS FROM AND AGAINST ANY THIRD-PARTY CLAIM, CAUSE OF ACTION, DEMAND OR DAMAGES RELATED TO OR ARISING OUT OF YOUR OWN CONDUCT OR ACTIVITIES ON, THROUGH OR RELATED TO TNS OR TN, AND RELATED TO OR ARISING OUT OF ANY CONDUCT OR ACTIVITIES ON, THROUGH OR BY USE OF YOUR TNS ACCOUNT, IF ANY. THIS INDEMNIFICATION OBLIGATION INCLUDES PAYMENT OF ANY ATTORNEYS’ FEES AND COSTS INCURRED BY TN OR TN REPRESENTATIVES.
- General: THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF TNS OR CONTENT ACCESSED THROUGH TNS.
- Release: You hereby release TN and each of the TN representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to TNS or content accessed through TNS, or any interactions with others arising out of or related to TNS or content accessed through TNS.
If you believe that the terms of this Agreement have been violated by yourself or another user and such violation warrants reporting, you will notify TN’s agent for notice of claims of terms violation, at: firstname.lastname@example.org.
- Indemnification: You agree to indemnify and hold TN and TN representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of:
- content that you post or transmit;
- activity that occurs through or by use of your account; or
- your violation of the T&C. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TN or TN Representatives.
This indemnification obligation includes payment of any attorneys’ fees and costs incurred by TN or TN representatives.
- Intellectual Property
- Trademarks: Body Shop Nation, Inc. is the owner of the trademarks TOWING NATION, the TN trade dress, TN logos and other related marks. These marks are protected by United States and international laws. No use, whether commercial or non-commercial, of trademarks owned by TN is authorized without express written consent.
- Copyrights: TN is the owner of copyrights in its software, marketing materials and other related content. These copyrights are protected by United States and international laws. No use, whether commercial or non-commercial, of copyrights owned by TN is authorized without express written consent.
If you access TNS or copy, display, distribute, perform or create derivative works from TNS webpages or other TN intellectual property in violation of the T&C or for purposes inconsistent with the T&C, your access, copying, display, distribution, performance or derivative work is unauthorized.
For purposes of this paragraph, you agree that cached copies of TNS webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of TN pursuant to 17 U.S.C. § 1201.
- Trade Secrets: Any effort to decompile, disassemble or reverse engineer all or any part of TNS in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
- Non-Circumvent: Circumvention of any technological restriction or security measure on TNS or any provision of the T&C that restricts content, conduct, accounts or access is expressly prohibited. Users may not circumvent any technological measure implemented by TN to restrict the manner in which content is shared or transmitted. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent TNS accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
- Injunctive Relief: You acknowledge and agree that any violation or breach of the T&C may cause TN immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the T&C or other applicable legal requirements, TN has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the T&C. In addition to any and all other remedies available to TN in law or in equity, TN may seek specific performance of any term in the T&C, including but not limited to by preliminary or permanent injunction.
TN collects your name, phone number, and email address, which will be used to assist in implementing the TNS. TN may use your name, phone number, and email address to inquire with You regarding service provided by the towing service provider.
- Generally: Either party may terminate this Agreement at any time for any reason.
- No discharge on termination: No termination of this Agreement for any reason shall relieve or discharge either party from any duty, obligation, or liability that was accrued as of the date of the termination, including, without limitation, the obligation to warrant and/or indemnify or to pay any amounts as of the date of termination.
- Dispute Resolution/Choice of Law: This agreement shall be construed, governed, interpreted, and applied in accordance with the laws of the State of Utah, by a Utah court of competent jurisdiction, and the parties to this agreement assent to the personal jurisdiction thereof.
- Attorney’s Fees: In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable court fees and costs, including attorney’s fees.
- Headings: Any headings shall be of no legal consequence.
- Severability/Survival: If any provision of this Agreement is held invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the Parties, and all other provisions will remain in full force and effect.
- Entire Agreement: Both Parties agree that the Agreement is the complete and exclusive statement of their mutual understanding and supersedes and cancels all previous written and oral agreement and other understandings related to the subject matter of this Agreement. No change or modification by you to this Agreement shall be valid unless it is in writing and is signed by TN. TN may amend this Agreement at its sole discretion and shall notify you of any such amendments. Should you choose to reject such amendments, your only recourse is to immediately terminate your agreement. This Agreement may be executed by a “click-through” agreement electronically.
- Assignment: Neither party’s rights or obligations hereunder shall be assigned or transferred to any third party without the prior written approval of the non-assigning party, except through acquisition of either party by a purchasing third party or as granted through bankruptcy.
- No Waiver: Failure by either of the parties to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged agreed to by the parties in writing.
- Miscellaneous: The parties have read this agreement, and had the opportunity to consult with their legal advisors. No agency, partnership, or joint venture is created hereby.