ROADSIDE ASSISTANCE 24 TERMS AND CONDITIONS

Last updated: September 29, 2021

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE ROADSIDE ASSISTANCE 24APPLICATION AND/OR USING OUR WEBSITE AND/OR SERVICE.

The ROADSIDE ASSISTANCE 24 Terms and Conditions (“User Terms”) constitute a legally binding agreement between ROADSIDE ASSISTANCE 24 (“ROADSIDE ASSISTANCE 24” “we”, “us”, or “our”), the owner and operator of the www.ROADSIDEASSISTANCE24.com website and its related software application and platform (hereafter, collectively referred to as the “ROADSIDE ASSISTANCE 24 Service”) and you (“you” or “your”), the user of the ROADSIDE ASSISTANCE 24 Service. BY USING THE ROADSIDE ASSISTANCE 24 SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING ROADSIDEASSISTANCE24.COM OR UTILIZING THE ROADSIDE ASSISTANCE 24 MOBILE APPLICATION OR ONLINE PLATFORM), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND ROADSIDE ASSISTANCE 24 PRIVACY POLICY, WHICH CAN BE FOUND AT HTTP://WWW.ROADSIDEASSISTANCE24.COM/PRIVACY-POLICY/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE ROADSIDE ASSISTANCE 24 SERVICE.

THE USER TERMS ARE INTENDED FOR ALL USERS OF THE ROADSIDE ASSISTANCE 24 SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO 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. ROADSIDE ASSISTANCE 24 Service Overview.

ROADSIDE ASSISTANCE 24 provides an online platform whereby users can connect with vendors who offer roadside assistance and tow services (hereafter, “Providers”). Users can access the ROADSIDE ASSISTANCE 24 Service through the use of the ROADSIDEASSISTANCE24.com website, the ROADSIDE ASSISTANCE 24 mobile application or through certain third party parties, and can be accessed by you on your single mobile device (smart phone) or computer. ROADSIDE ASSISTANCE 24 is not directly involved in or otherwise a party to any transactions that may take place between users and Providers. ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24, the ability of Providers to provide the services offered, or the ability of users to pay for Provider’s services. ROADSIDE ASSISTANCE 24 is not a broker, agent or insurer for any users or Providers. ROADSIDE ASSISTANCE 24 makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. All purchases made by users from Providers are made at each party’s own risk. ROADSIDE ASSISTANCE 24 has privacy policies as set forth in its Privacy Policy https://www.ROADSIDEASSISTANCE24.com/privacy-policy/, which is fully incorporated herein by reference.

2. Registration for ROADSIDE ASSISTANCE 24 Service.

Registration with the ROADSIDE ASSISTANCE 24 Service is subject to the following additional terms and conditions:

(a) Eligibility: By registering with ROADSIDE ASSISTANCE 24, you represent and warrant that all registration information you submit, including, without limitation, Business Name, Business Phone, Business description, Parking address with zip code, Website, Photos of vehicles is completely accurate and truthful. ROADSIDE ASSISTANCE 24 may, in our sole discretion, refuse to offer access to or use of the ROADSIDE ASSISTANCE 24 Services to any party and change the eligibility criteria at any time. By registering with ROADSIDE ASSISTANCE 24, 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 ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 of any unauthorized use of your password or any breach of security. You also agree that ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service, each of which is incorporated herein by reference and each of which may be updated by ROADSIDE ASSISTANCE 24 from time to time without notice to you.

3. How to use the ROADSIDE ASSISTANCE 24 Service.

The ROADSIDE ASSISTANCE 24 Service offers you a platform to find roadside assistance or tow services 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 ROADSIDE ASSISTANCE 24 Service.

For the avoidance of doubt: ROADSIDE ASSISTANCE 24 itself does not provide any roadside assistance or tow services, and ROADSIDE ASSISTANCE 24 is not a services carrier. Any roadside assistance and/or tow services are through the Provider. ROADSIDE ASSISTANCE 24 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. ROADSIDE ASSISTANCE 24 is never a party to any such agreement and you hereby agree to release ROADSIDE ASSISTANCE 24 from all liability and claims arising from any acts or omissions of Provider.

4. Your Use of the ROADSIDE ASSISTANCE 24 Service.

By using the ROADSIDE ASSISTANCE 24 Services, you agree to the following restrictions on your use of the ROADSIDE ASSISTANCE 24 Service:

You warrant that the information you provide to ROADSIDE ASSISTANCE 24 is accurate and complete. ROADSIDE ASSISTANCE 24 is entitled at all times to verify the information that you have provided and to refuse the ROADSIDE ASSISTANCE 24 Service for any reason or no reason. You may only access the ROADSIDE ASSISTANCE 24 Service using authorized means. ROADSIDE ASSISTANCE 24 is not liable if you do not have a compatible mobile device or computer. ROADSIDE ASSISTANCE 24 reserves the right to terminate the ROADSIDE ASSISTANCE 24 Service should you attempt to access the ROADSIDE ASSISTANCE 24 Service with an incompatible or unauthorized device or computer.

You will only use the ROADSIDE ASSISTANCE 24 Service for your sole, personal use and will not resell it to a third party;

You will not authorize others to use your account;

You will not assign or otherwise transfer your account to any other person or legal entity;

You will not use an account that is subject to any rights of a person other than you without appropriate authorization;

You will not use the ROADSIDE ASSISTANCE 24 Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

You will not use the ROADSIDE ASSISTANCE 24 Service to cause nuisance, annoyance or inconvenience;

You will not try to harm the ROADSIDE ASSISTANCE 24 Service or impair the proper operation of any related network, platform or application in any way whatsoever;

You will not copy, or distribute the ROADSIDE ASSISTANCE 24 Service or any portion or feature thereof without advance written permission from ROADSIDE ASSISTANCE 24;

You will keep secure and confidential your account password or any identification we provide you which allows access to the ROADSIDE ASSISTANCE 24 Service;

You will provide us with whatever proof of identity we may reasonably request;

You will only use an access point or 3G data (or later) account (AP) which you are authorized to use;

You will not use the ROADSIDE ASSISTANCE 24 Service with an incompatible or unauthorized device or computer;

You will comply with all applicable laws and regulations while using the ROADSIDE ASSISTANCE 24 Service. ROADSIDE ASSISTANCE 24 reserves the right to immediately terminate the ROADSIDE ASSISTANCE 24 Service should you not comply with any of the foregoing.

You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. ROADSIDE ASSISTANCE 24 reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.

5. Payment

Use of the ROADSIDE ASSISTANCE 24 Service without obtaining Provider services is free of charge for users. ROADSIDE ASSISTANCE 24 reserves the right to introduce certain fees in the future. However, ROADSIDE ASSISTANCE 24 shall provide you with prior written notice of such fees.

The rates for the services charged by Providers can be accessed through the Providers. 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.

6. No Employment/Agent/Broker Relationship.

ROADSIDE ASSISTANCE 24 is not an employment service and does not serve as an employer of any user of the ROADSIDE ASSISTANCE 24 Service or Provider. ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 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, ROADSIDE ASSISTANCE 24 is not acting and does not act as an agent or broker for any users, Providers, or any other user of the ROADSIDE ASSISTANCE 24 Service.

7. Indemnification.

By using the ROADSIDE ASSISTANCE 24 Service, you agree that you shall defend, indemnify and hold ROADSIDE ASSISTANCE 24, 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 ROADSIDE ASSISTANCE 24 Service, or (c) your use or misuse of the ROADSIDE ASSISTANCE 24 Service.

8. Liability Limitation.

BY USING THE ROADSIDE ASSISTANCE 24 SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE ROADSIDE ASSISTANCE 24 SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 SERVICE, (c) YOUR FAILURE TO PROVIDE ROADSIDE ASSISTANCE 24 WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24. 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 ROADSIDE ASSISTANCE 24, 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 ROADSIDE ASSISTANCE 24 SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $1. 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 ROADSIDE ASSISTANCE 24 Service is for general informational purposes only and does not constitute advice. ROADSIDE ASSISTANCE 24 does not guarantee continuous, uninterrupted access to the ROADSIDE ASSISTANCE 24 Service. Although ROADSIDE ASSISTANCE 24 attempts to maintain the integrity and accuracy of the information accessible through the ROADSIDE ASSISTANCE 24 Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the ROADSIDE ASSISTANCE 24 Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the ROADSIDE ASSISTANCE 24 Service by other users or third parties without ROADSIDE ASSISTANCE 24’s knowledge. ROADSIDE ASSISTANCE 24 cannot and does not guarantee that (the contents of) the ROADSIDE ASSISTANCE 24 Services (including the ROADSIDEASSISTANCE24.com website and the ROADSIDE ASSISTANCE 24 mobile application) are free of errors, defects, malware and viruses.

The quality of the services requested through the use of the ROADSIDE ASSISTANCE 24 Service is entirely the responsibility of the Provider who ultimately provides such services to you. ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 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.

ROADSIDE ASSISTANCE 24 AND ITS AFFILIATES PROVIDE THE ROADSIDE ASSISTANCE 24 SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ROADSIDE ASSISTANCE 24 SERVICE IS AT YOUR SOLE RISK AND THAT ROADSIDE ASSISTANCE 24 AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE ROADSIDE ASSISTANCE 24 SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE ROADSIDE ASSISTANCE 24 SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 SERVICE WILL BE CORRECTED. ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 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 (excluding the ROADSIDE ASSISTANCE 24 mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“ROADSIDE ASSISTANCE 24 Content” means Content owned or used by ROADSIDE ASSISTANCE 24, its affiliates or licensors and made available through the ROADSIDE ASSISTANCE 24 Service (including the ROADSIDEASSISTANCE24.com website and ROADSIDE ASSISTANCE 24 mobile application), including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that a ROADSIDE ASSISTANCE 24 user posts, uploads, publishes, submits or transmits to be made available on the ROADSIDE ASSISTANCE 24 website or through the ROADSIDE ASSISTANCE 24 Service.

“Collective Content” means, collectively, ROADSIDE ASSISTANCE 24 Content and User Content.

Subject to your compliance with these User Terms, ROADSIDE ASSISTANCE 24 grants you a limited, non-exclusive, non-transferable license:

to view, download and print any ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, ROADSIDE ASSISTANCE 24 shall have the right and you hereby grant ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 website or through the ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 the rights granted in the License Grant without restriction.

You acknowledge that ROADSIDE ASSISTANCE 24 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. ROADSIDE ASSISTANCE 24 does not continuously monitor User Content published by you or any other user or moderate between users and ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24. Any use by you of the User Content is entirely at your own risk.

You agree to indemnify and hold harmless ROADSIDE ASSISTANCE 24, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by ROADSIDE ASSISTANCE 24 or its affiliated companies related to any Content posted or transmitted by you or your other use of the ROADSIDE ASSISTANCE 24 Service.

ROADSIDE ASSISTANCE 24 reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24.

12. ROADSIDE ASSISTANCE 24 Mobile Application License.

Subject to your compliance with these User Terms, ROADSIDE ASSISTANCE 24 grants you a limited non-exclusive, non-transferable license to use the ROADSIDE ASSISTANCE 24 mobile application and to access the ROADSIDE ASSISTANCE 24 Service via a single mobile device or computer that you own or control and to run such copy of ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 mobile application in any way; (ii) modify or make derivative works based upon the ROADSIDE ASSISTANCE 24 Service or ROADSIDE ASSISTANCE 24 mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the ROADSIDE ASSISTANCE 24 mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service or ROADSIDE ASSISTANCE 24 mobile application, or (c) copy any ideas, features, functions or graphics of the ROADSIDE ASSISTANCE 24 Service or ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service or ROADSIDE ASSISTANCE 24 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 violative 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 ROADSIDE ASSISTANCE 24 Service or the data contained therein; or (v) attempt to gain unauthorized access to the ROADSIDE ASSISTANCE 24 Service or its related systems or networks.

ROADSIDE ASSISTANCE 24 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ROADSIDE ASSISTANCE 24 may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that ROADSIDE ASSISTANCE 24 has no obligation to monitor your access to or use of the ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 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. ROADSIDE ASSISTANCE 24 reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ROADSIDE ASSISTANCE 24, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the ROADSIDE ASSISTANCE 24 Service.

13. Intellectual Property Ownership.

ROADSIDE ASSISTANCE 24 (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the ROADSIDE ASSISTANCE 24 Service (including the ROADSIDEASSISTANCE24.com website and ROADSIDE ASSISTANCE 24 mobile application) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the ROADSIDE ASSISTANCE 24 Service, in which you hereby assign all rights, title and interest to ROADSIDE ASSISTANCE 24.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the ROADSIDE ASSISTANCE 24 Service or any intellectual property rights owned by ROADSIDE ASSISTANCE 24. ROADSIDE ASSISTANCE 24’s name, logo, and the product names associated with the ROADSIDE ASSISTANCE 24 Service are trademarks of ROADSIDE ASSISTANCE 24, its affiliated companies or third parties, and no right or license is granted to use them.

14. Third Party Interactions.

During the use of the ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service and are beyond ROADSIDE ASSISTANCE 24’s control.

During use of the ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Service. These links take you off the ROADSIDE ASSISTANCE 24 Service and are beyond ROADSIDE ASSISTANCE 24’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. ROADSIDE ASSISTANCE 24 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.

15. Termination of the Agreement.

The agreement between ROADSIDE ASSISTANCE 24 and you embodied by these User Terms may be terminated at any time.

If you wish to terminate the Agreement, you must permanently delete the ROADSIDE ASSISTANCE 24 mobile application installed on your smart phone, thus disabling your use of the ROADSIDE ASSISTANCE 24 Service.

ROADSIDE ASSISTANCE 24 is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the ROADSIDE ASSISTANCE 24 Service). ROADSIDE ASSISTANCE 24 is not obliged to give notice of the termination of the Agreement in advance.

16. 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.

17. Modification of the Service and User Terms.

ROADSIDE ASSISTANCE 24 may change these User Terms and will post the modified terms (which shall then become the agreement between you and ROADSIDE ASSISTANCE 24) with the new effective date listed above. ROADSIDE ASSISTANCE 24 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 ROADSIDE ASSISTANCE 24 Services. Your continued use of the ROADSIDE ASSISTANCE 24 Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.

18. Assignment.

You may not assign your rights under these User Terms without prior written approval of ROADSIDE ASSISTANCE 24.

19. Contact Us.

If you have any questions about the User Terms of the ROADSIDE ASSISTANCE 24 Service, please contact us at:

[email protected]