PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By accessing TowTrucksFactory.com, using any of our services and/or accessing and using any other websites on which these Terms and Conditions reside (collectively also referred to herein as the "Site"), or any of the Site's Content (as defined below), you acknowledge that you agree to and are subject to the following Terms and Conditions, including without limitation, binding arbitration (described in Section 2 below), the Tow Trucks Factory Privacy Policy, E-Sign Consent, and any operating rules, policies, and procedures that may be published from time to time on this Site (collectively, the "Terms").
NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms, you may not access or otherwise use the Site or the Content.
The Terms constitute a legally binding agreement between you and us, TowTrucksFactory.com, the operator of the Site (hereafter referred to as "we", "us" or "our"). References in these Terms to "Site operator," "we", "us" and "our" include our affiliates, agents, successors and assigns. The Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site is intended for and made available only to residents of the United States, age 18 or older. By accessing and using the Site, you accept and agree to, without qualification, the Terms and represent and warrant that you have the authority to bind the User (as defined below) to these Terms and that your use of the Site, including the provision or use of any Content, does not violate any applicable law.
The Site acts as a portal to facilitate tow truck dealerships, tow truck insurance providers, tow truck warranty providers, lead aggregators, and other similar parties (each a "Provider") to offer for sale and to sell tow trucks, tow truck insurance, tow truck warranties, and other related products to potential consumers who have applied through the Site to receive quotations from a Provider (each, a "Prospect"), and all Prospects and potential Prospects that use the Site are collectively called the Site's "Users" (and hereafter may be referred to as "you" or "your").
We may, with a Prospect's authorization, collect certain information (a "Lead") about a Prospect and sell the Lead to a Provider. We may also facilitate live call transfers from Prospects to Providers.
We are not responsible for the legality, safety or quality of the products offered for sale by a Provider, the accuracy or veracity of the representations regarding the products, the ability of Providers to sell the products or the ability of Prospects to pay for the products. For all purposes we are an independent contractor.
We do not issue insurance contracts, bind coverage of any kind, or sell tow trucks or warranties directly. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any Prospect or Provider.
We do not endorse or recommend any Providers or tow trucks, insurance policies, warranties or other related products offered by such Providers. We do not provide any type of vehicle, insurance, warranty, tax, financial, legal, or any other advice. We do not guarantee that any Providers to whom we send a Prospect's application or transfer a live call will contact the Prospect or agree to provide the Prospect with the requested tow truck, insurance coverage, or warranty. If you would like personal advice or specific recommendations, please consult with a qualified professional. Be advised that we do not offer or sell any tow trucks, insurance, or other products shown on the Site.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You agree to attempt in good faith to settle any dispute or claim that has or may arise between us, which arises out of or relates in any way to these Terms or your use of the Site or the Content, including, without limitation, any dispute or claim between you and a Provider (each, a "Claim"), by way of consultations between you and us, which consultations will be initiated upon written notice by any party to the other (the "Consultation Notice"). The Consultation Notice must describe the nature and basis of the Claim and set forth the specific relief sought ("Demand"). If such Claim cannot be resolved within thirty (30) days after the Consultation Notice is received, any party to the consultations may initiate an arbitration proceeding upon written notice to the other party in accordance with this Section 2.
Any notice to us under this Section 2 should be addressed to: Support@towtrucksfactory.com ("Notice Address").
You agree to arbitrate all Claims between you and us, or any Provider, that cannot be amicably resolved in accordance with the foregoing paragraph. This agreement to arbitrate is intended to be broadly interpreted…
(Keep this entire arbitration section as-is except for replacing “AutoQuoto” with “Tow Trucks Factory” and Support@autoquoto.com with Support@towtrucksfactory.com. Also ensure governing law says New York, and keep the American Arbitration Association (AAA) name and links intact.)
We do not charge Users to access the Site. We grant each User a limited, revocable, non-exclusive license to access the Site and the text, images, maps, files, photos, information and other materials on the Site (the "Content") in order to view, access or make inquiries to us regarding our services, in accordance with these Terms. Any other use of the Site is expressly prohibited…
…You acknowledge and agree that Tow Trucks Factory and its respective affiliates own the data gathered by the Site. By displaying, publishing, or otherwise posting Content on or through the Site, you hereby grant to Tow Trucks Factory a non-exclusive, sub-licenseable, irrevocable, worldwide, fully-paid, royalty free license…
…If you are or become aware of or experience any Content, activity or communication through or in connection with the Site that appears to be in violation of the above, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by sending notification to Support@towtrucksfactory.com.
We may change, discontinue or suspend any aspect of the Site at any time…
