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Terms of Use

The following Terms and Conditions (“User Terms”) constitute a legally binding agreement between Towingbids.com (“Towingbids.com”, “we”, “us”, “Company” or “our”), the owner and operator of the Towingbids.com website and its related website-based platform (hereafter, collectively referred to as the “Towingbids.com Service”) and you (“you” or “your”), the User of the Towingbids.com Service.

By completing the registration process and/or using the Towingbids.com Service, you agree to the following:

  • BY USE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS WELL AS ALL OTHER APPLICABLE POLICIES AS IDENTIFIED ON EACH PAGE OF THE SERVICE.
  • IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW.
  • YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
  • YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of April 10, 2018. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute Your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Definitions

Tow Truck Provider (“Provider”). A person or company that arranges to offer towing, transportation, delivery and/or related services to Users. Providers may include carriers, brokers, towing professionals.

Users. A person who utilizes the Towingbids.com Service to engage Providers to obtain bids for towing services and/or the purchase and sale of junk vehicles.

Broker(s) & Carrier(s). Individuals or companies that arrange for the transportation, towing or delivery of vehicles or freight on behalf of a Provider or User.

You or Your. Individuals, companies, or entities that access and utilize the Towingbids.com Service, either as a User or Provider.

Towing Services. Performance of hauling or towing of vehicles which is to be performed by Providers.

TowingBids.com Service Overview

Towingbids.com provides an online platform whereby Users can seek bids for and request tow services from Providers and also to purchase and sell vehicles. Providers then can access the online platform in order to present bids for jobs posted by Users and to also engage Users to purchase and/or sell vehicles. The Towingbids.com Service then allows users to connect with Providers in order to obtain the most competitive price for towing services or vehicle purchases.

Please take notice that Towingbids.com is not a Provider, nor is it in the business of offering transportation, towing and delivery services. The Towingbids.com Service acts as a conduit whereby Users and Providers can interact, negotiate and agree, solely on their own terms, for towing and transportation services along with the buying and selling of vehicles. Towingbids.com is not a party to any arrangements or agreements made between Users and Providers via the Towingbids.com Service. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place through the Towingbids.com Service.

Furthermore, Towingbids.com does not endorse, recommend or refer any specific Provider to Users, nor does it have any control or influence over actions or decisions made by Users of the service. All Users and Providers of the Towingbids.com Service make their own decisions and You acknowledge and agree that we are not in any way arranging for towing services on your behalf. As Towingbids.com is not involved in the actual negotiation and agreements reached between Users and Providers, we have no control over the accuracy of statements made by Providers or the ability of Providers to perform towing services for Users. As such, Towingbids.com, cannot, and we do not guarantee, that Users will be able to complete or fulfill services requested from a Provider. Similarly, Towingbids.com cannot guarantee the verification of Users and Provider’s identities. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means or any warranties or representations made with regard to the arrangement of towing services are not provided by Towingbids.com and are instead, specifically between Users and Providers.
We do not make any representations, warranties or guarantees regarding the information presented by Providers, the Provider’s background or safety history, nor does Towingbids.com have any control over any aspect of Provider’s operations or services rendered. Towingbids.com is also not a broker, agent or insurer for any Users or Providers.

In agreeing to transact with a Provider through the Towingbids.com Service, You understand that you are agreeing to do so at your own risk. Accordingly, we recommend that Users exercise due diligence in reviewing the credentials of all Providers before agreeing to engage in any transactions through the Towingbids.com Service.

Users can only access the Towingbids.com Service through the use of the Towingbids.com website which can be accessed by You on Your computer. You acknowledge that Towingbids.com is not directly involved in or otherwise a party to any transactions that may take place between Users and Providers. Towingbids.com 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 Towingbids.com, the ability of Providers to provide the services offered, or the ability of users to pay for Provider’s services. We also cannot make any assurances to You regarding whether Providers are in full compliance with all applicable licensure and other laws, along with any and all insurance requirements, that Providers are subject to in the State in which said Providers conduct business. We recommend that you contact your local government officials who can confirm for you that Providers are in compliance with any and all applicable laws, regulations and/or statutes.

Registration for Towingbids.com Service.

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. We may, in our sole discretion, change the eligibility criteria at any time.

In addition, you must abide by our policies as stated in this Agreement as well as all other operating rules, policies and procedures that may be published from time to time via the Towingbids.com Service, each of which is incorporated herein by reference and each of which may be updated by Towingbids.com from time to time without notice to you.

How to Use Towingbids.com Service.

The Towingbids.com Service offers you a platform that allows you to request bids for tow services and to submit vehicles for purchase or sale to Providers in your area. Providers will then have the ability to send an offer as to the price for the requested services or vehicles presented for purchase. You will then have the right to either accept or reject any offers made for the requested services or bids for the purchase of vehicles posted by You. By navigating the Towingbids.com Service, you will have the opportunity to then review information regarding each of the Providers in your area, and those that present an offer for the particular services you requested. Once you accept an offer by a Provider, please note the following:

  • Presentation of offers and acceptance of bids by Users may constitute a legally binding contract;
  • Any disagreements with Provider’s fulfilment of services requested will be handled directly between Users and Providers;
  • Towingbids.com does not, and cannot offer any assistance in mediating any issues that arise relating to services requested from a Provider.
  • Users may be subject to cancellation fees in the event of an unreasonable or untimely cancellation of services requested. Any such fees will be subject to the agreement reached between Users and Providers prior to any transaction.

For the avoidance of doubt: Towingbids.com itself does not provide any roadside assistance or tow services, nor is it a services carrier. Towingbids.com also does not engage in, nor is it in the business of buying and selling of vehicles. Any roadside assistance and/or tow services are solely arranged through the Provider. Towingbids.com only provides the platform through which Users and Providers can learn about each other. The provision of services by the Provider to Users is therefore subject to any agreement entered into between Users and Providers. Towingbids.com is never a party to any such agreement and you hereby agree to release Towingbids.com from all liability and claims arising from any acts or omissions of Provider.

Your Use Towingbids.com Service.

By using the Towingbids.com Service, You agree to the following restrictions and requirements: You warrant that the information you provide to Towingbids.com is accurate and complete. Towingbids.com is entitled at all times to verify the information that you have provided and to refuse the Towingbids.com Service for any reason or no reason. You may only access the Towingbids.com Service using authorized means. Towingbids.com is not liable if you do not have a compatible computer. Towingbids.com reserves the right to terminate the Towingbids.com Service should you attempt to access the Towingbids.com Service with an incompatible or unauthorized device or computer.

User and Provider Acknowledgements

Your use of the Towingbids.com Service is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or,
  6. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by Users, Providers or third-parties affiliated with the site. We generally do not pre-screen, monitor, or edit the content posted by Users or Providers utilization of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

In addition, You acknowledge that you are legally able to enter into contracts under applicable law and that You will not authorize any other individuals or entities to access and utilize Your account. Further, You acknowledge and agree that You will not use your Towingbids.com account to harm the Towingbids.com Service, to impair the business of any other individuals or entities. Towingbids.com reserves the right to immediately terminate Your account should you not comply with any of the foregoing.

Provider Specific Acknowledgements

You are responsible for reading all terms, conditions, laws, statutes and other regulations pertaining to Your performance of towing services for Users, or purchasing of vehicles submitted by Users. You acknowledge that you will be agreeing to perform towing services, or purchasing of vehicles solely with individual Users and will not be entering into any agreements with Towingbids.com. You further acknowledge that You will maintain all necessary licenses, certifications and insurance required by the State in which you perform towing services on behalf of Users before bidding or entering into agreements with Users.

You further agree that You will be solely responsible for all aspects of services, pricing, terms offered to Users. You also agree that Towingbids.com will have no involvement in setting rates, services, cancellation fees and terms offered to Users. In addition, You acknowledge that it will be Your responsibility to confirm and verify all personal information regarding Users and that Towingbids.com will have no responsibility to verify or confirm the same.

User Specific Acknowledgements

You are responsible for reading all terms and conditions of usage as set forth in this User Agreement before requesting bids for towing services from Providers or submitting vehicles for purchase through the Towingbids.com Service. You also acknowledge that You will be agreeing to engage Providers directly for the completion of towing services or the purchase and sale of vehicles, but that You will not be entering into any agreements with Towingbids.com.

You further agree that You will be solely responsible for all aspects of services requested from Providers and payments that You agree to pay to Providers. You also agree that Towingbids.com will have no involvement in setting rates, services and terms provided for the performance of towing services or the purchase or sale of vehicles. In addition, You acknowledge that it will be Your responsibility to confirm and verify all personal information regarding Providers and that Towingbids.com will have no responsibility to verify or confirm the same.

Additionally, You acknowledge that Towingbids.com does not guarantee or verify that Providers are qualified or licensed to perform the individual towing services that you request. Similarly, Towingbids.com has no control as to the level of service or services performed by Providers. As such, Towingbids.com cannot verify that Providers carry sufficient insurance coverage for potential damages, loss or thefts that may occur during the performance of towing services. User specifically agrees that Towingbids.com shall not be responsible for the failure of Providers to maintain such coverage.

Payment

Use of the Towingbids.com Service without obtaining Provider services is free of charge for Users. Towingbids.com reserves the right to introduce certain fees in the future. However, Towingbids.com shall provide Users with prior written notice of such fees. The rates for the services charged by Providers can be accessed through the Towingbids.com Service by engaging directly with individual Providers. Users agree to pay for all services requested directly to Providers. Such costs may include costs of service, taxes and late fees, as applicable. It is the responsibility of Users to remain informed about the current rates for the services requested by Providers. Towingbids.com does not set or control prices offered by Providers. Quotes and offers that Users receive from Providers are required to be all-inclusive based upon the information Users provide. However, if the actual agreement terms are materially different than specified or requested by the User, and result in additional charges, the Provider’s invoice may be a different amount than the original quote and the User shall be responsible for all additional costs incurred. Providers, however, shall make every good faith effort to provide all-inclusive and accurate pricing at the time it submits bids to Users.

Providers agree that Towingbids.com may charge Your credit card account as provided by You when registering for the Towingbids.com Service for fees related to use of the Towingbids.com Service or any other purchases by Providers through the Towingbids.com Service. Providers are responsible for the timely payment of all fees and for providing Towingbids.com with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law. In addition, fees assessed to Providers in connection with the use of the Towingbids.com Service may be modified or updated by Towingbids.com from time to time.

For Providers, Towingbids.com uses a third-party payment processor (the “Payment Processor”) to link Your credit card account to the Towingbids.com Service. The processing of payments or credits, as applicable, in connection with Your use of the Towingbids.com 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. Towingbids.com is not responsible for any errors by the Payment Processor and You hereby agree to release Towingbids.com from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the Towingbids.com Service, Towingbids.com will obtain certain transaction details, which shall be maintained in accordance with Towingbids.com’s Privacy Policy.

No Employment/Agent/Broker Relationship

Towingbids.com is not an employment service and does not serve as an employer of any User or Provider of the Towingbids.com Service. Towingbids.com 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 Towingbids.com 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, Towingbids.com is not acting and does not act as an agent or broker for any users, Providers, or any other user of the Towingbids.com Service.

Identification

By using the Towingbids.com Service, You agree that You shall defend, indemnify and hold Towingbids.com, 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 Towingbids.com Service, or (c) your use or misuse of the Towingbids.com Service.

Liability Limitation

BY USING THE TOWINGBIDS.COM SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT TOWINGBIDS.COM 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 TOWINGBIDS.COM SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE TOWINGBIDS.COM SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE TOWINGBIDS.COM 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 TOWINGBIDS.COM SERVICE, (c) YOUR FAILURE TO PROVIDE TOWINGBIDS.COM WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE TOWINGBIDS.COM 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 TOWINGBIDS.COM. 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 TOWINGBIDS.COM, 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 TOWINGBIDS.COM SERVICE, 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.

Disclaimer

The information, recommendations and/or services provided to you on or through the Towingbids.com Service is for general informational purposes only and does not constitute advice. Towingbids.com does not guarantee continuous, uninterrupted access to the Towingbids.com Service. Although Towingbids.com attempts to maintain the integrity and accuracy of the information accessible through the Towingbids.com Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the Towingbids.com Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Towingbids.com Service by other Users, Providers or third parties without Towingbids.com’s knowledge. Towingbids.com cannot and does not guarantee that (the contents of) the Towingbids.com Services along with the Towingbids.com website are free of errors, defects, malware and viruses. Towingbids.com reserves the right to cancel any payment from Providers, 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.

The quality of the services requested through the use of the Towingbids.com Service is entirely the responsibility of the Provider who ultimately agrees to provide services to Users. Towingbids.com 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 Towingbids.com from all liability and claims arising from the use of the Towinbigds.com Service by Users or Providers in any regard. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.

TOWINGBIDS.COM AND ITS AFFILIATES PROVIDE THE TOWINGBIDS.COM SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TOWINGBIDS.COM SERVICE IS AT YOUR SOLE RISK AND THAT TOWINGBIDS.COM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE TOWINGBIDS.COM SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE TOWINGBIDS.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE TOWINGBIDS.COM 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 TOWINGBIDS.COM SERVICE WILL BE CORRECTED. TOWINGBIDS.COM 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 TOWINGBIDS.COM 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.

License Granted by User

Subject to our Privacy Policy, any communication or material that you transmit to or through this site or to us, whether by electronic mail or other means, for any reason (“User Content”), will be treated as non-confidential and nonproprietary. While you retain all rights in such User Content, you grant us and our designated licensees a nonexclusive, paid-up, perpetual, and world-wide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

You acknowledge that Towingbids.com 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. Towingbids.com does not continuously monitor User Content published by Users or Providers or moderate between Users and Providers and Towingbids.com 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 Towingbids.com. Any use by You of the User Content is entirely at your own risk.

You agree to indemnify and hold harmless Towingbids.com, its affiliates and licensors against all costs, expenses, damages, losses and liabilities, including legal fees and costs of suit, incurred or suffered by Towingbids.com or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Towingbids.com Service.

Towingbids.com reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which Towingbids.com 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 Towingbids.com.

Towingbids.com – Service License & Intellectual Property Ownership:

The Towingbids.com Service contains copyrighted material, know how, and patentable business methods, materials, design logos, phrases and other protected material (“Intellectual Property Content”). We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of the Towingbids.com Service including color combinations, sounds, layouts and designs. You agree and acknowledge that your use of the Towingbids.com Service does not confer upon you any license or permission to use our Intellectual Property Content unless otherwise set forth in this Agreement. You further agree that you shall not reproduce, modify, display, sell or distribute the Intellectual Property Content.

You agree that You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Towingbids.com website platform in any way. You also agree that you will not modify, reverse engineer or access the Towingbids.com website in order to design a similar, competitive product or application that is based on the same ideas, features or functions.

Towingbids.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Towingbids.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Towingbids.com has no obligation to monitor Your access to or use of the Towingbids.com Service, but has the right to do so for the purpose of operating the Towingbids.com 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. Towingbids.com reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Towingbids.com, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Towingbids.com Service.

Third Party Interactions

During the use of the Towingbids.com Service, links to websites that are owned and controlled by third parties may be offered to Users and Providers. These links take you off the Towingbids.com Service and are beyond Towingbids.com’s control.

Additionally, during Your use of the Towingbids.com 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 Towingbids.com Service. These links take you off the Towingbids.com Service and are beyond Towingbids.com’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Towingbids.com 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.

Termination of the Agreement.

The agreement between Towingbids.com and You embodied by these User Terms may be terminated at any time. Towingbids.com is entitled to terminate the Agreement at any time and with immediate effect. Towingbids.com is not obliged to give notice of the termination of the Agreement in advance. After termination Towingbids.com will give notice thereof if required by these User Terms.

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.

Amendment to Terms of use

Towingbids.com reserves the right to amend, modify and change the User Terms from time to time as needed. The amended terms of any subsequent Terms of Use shall become operable and binding upon You upon the effective date of the same. Towingbids.com will provide notice to its Users as to the amendment or modification of these User Terms prior to the effective date. If You do not agree to the new Terms of Use, your only recourse will be to immediately cease using the Towingbids.com Service.

Notice

You acknowledge that Towingbids.com shall provide notice to You by electronic mail to Your email address on record or by regular mail to the address you identified at the time you registered with the Towingbids.com Service.

Assignment

You may not assign Your rights under these User Terms without prior written approval of Towingbids.com.

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 New Jersey, without giving effect to any conflicts of laws principles that require the application of the law of a different state.

Any dispute or claim relating in any way to Your use of the Towingbids.com Service will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Towingids.com at its registered offices located 661 Atlantic City Boulevard, Bayville, New Jersey, 08721. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000.00 unless the arbitrator determines the claims are frivolous. Likewise, Towingbids.com will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Towingbids.com to collect our fees and/or recover damages for, or obtain an injunction relating to, Towingbids.com operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Newark, New Jersey and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

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.

If you have any questions about the User Terms of the Towingbids.com Service, please contact us at: info@towingbids.com .

Towingbids.Com
Last Revised Date: April 6, 2018

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