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Terms & Conditions

Terms of Service Updated June 9, 2024

BY AGREEING TO THESE TERMS YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND TOWME, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 20 BELOW. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH TOWME ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

BY USING THE SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING OUR WEBSITE OR UTILIZING OUR MOBILE APPLICATION OR ONLINE PLATFORM), YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND OUR PRIVACY POLICY, WHICH CAN BE FOUND AT www.towme.ai AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE SERVICE.

The TowMe Terms of Service (“Terms” or the “Agreement”) constitute a legally binding agreement between (“TowMe” “we”, “us”, or “our”), the owner and operator of the website and its related software application and platform (hereafter, collectively referred to as the “Service” OR “Services”) and you (“you” or “your”), the user of the Service, whether a Customer or Provider (as set forth below).

1. TowMe Service Overview.

TowMe provides an online platform whereby a customer in need of roadside assistance and/or towing services (“Customers”) can connect with third party vendors who offer roadside assistance and/or tow services (“Providers”). Users (both Customers and Providers) can access the Service through the use of a website, a mobile application or through certain third party parties, and can be accessed by you on your single mobile device (smart phone) or computer.

TowMe is not directly involved in or otherwise a party to any transactions that may take place between Customers and Providers. TowMe 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 TowMe, the ability of Providers to provide the services offered, or the ability of Customers to pay

for Provider’s services. TowMe is not a broker, agent or insurer for any Customers or Providers. TowMe makes no representations, warranties or guarantees regarding any content or information provided by Customers or Providers. We encourage you to communicate directly with potential transaction partners through the tools available through the Services. All purchases made by Customers from Providers are made at each party’s own risk. TowMe has customer information and privacy policies as set forth in its Privacy Policy, which is fully incorporated herein by reference.

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

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with TowMe or its subsidiaries regarding Services. To the extent (but only to the extent) any agreement you may have with TowMe regarding Services you provide conflicts with these Terms, those agreements (and not these Terms) will prevail with respect to any disputes arising from your provision of Services; otherwise, any relevant provisions in these Terms apply.

2. Registration for TowMe Service.

By registering with TowMe, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, vehicle information (make, model, year, etc.), and credit card or financial account payment information is completely accurate and truthful.

TowMe may, in our sole discretion, refuse to offer access to or use of the Services to any party and change the eligibility criteria at any time. By registering with TowMe, 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 Terms and register for the Service.

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 TowMe of any unauthorized use of your password or any breach of security. You also agree that TowMe shall not be liable for any loss or damage arising from your failure to keep your password secure.

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 Terms as well as all other operating

rules, policies and procedures that may be published from time to time via the Service, each of which is incorporated herein by reference and each of which may be updated by TowMe from time to time without notice to you.

3. How to use the Service.

The TowMe Service offers Customers a platform to send a request for roadside assistance or tow services to a Provider, and Providers a platform to accept such requests from Customers. The GPS receiver, which should be installed on the mobile device (smart phone), or Internet Protocol address on your computer, requests your permission to detect your location and sends your location information to the relevant Provider/Customer.

A Provider has sole and complete discretion to accept or reject each request for service. A Provider also has sole and complete discretion over whether to use the Service to receive the leads generated through the TowMe platform. If a Provider accepts a request, the TowMe mobile application notifies the Customer and provides information regarding the Provider – including vehicle information, and the ability to contact the Provider by telephone.

TowMe may place an immediate payment authorization to a Customer’s credit card account in the estimated amount of the service (or in the case of third-party payment, for any costs not covered by a third party). The final charge to a Customer credit card account may differ from this initial estimate and authorization.

A Customer may cancel their order within two minutes of the Provider dispatching a truck to their location at no cost to Customer. If more than two minutes have elapsed after a Customer places an order, cancellation is subject to payment of a 50% non-refundable charge. A Customer will be charged the full amount of the quoted service price for any of the following cancellation instances/reasons: Provider is on scene and Customer cancels for any reason; Provider determines Customer inaccurately stated the conditions of vehicle thus the cost of service will be higher than initially quoted and Customer cancels service; you are [Gone On Arrival (GOA)] and/or fail to cancel service.

To the extent a Customer’s description of the services needed and/or conditions impacting Customer’s vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive or different than Customer’s description indicated, the price quote provided through the TowMe mobile application shall not be binding on TowMe, and Customer will be responsible for paying for any additional services agreed to by Customer.

4. Your Use of the Service.

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

to terminate the Service should you attempt to access the Service with an incompatible or unauthorized device or computer. In addition:

  • You will only use the Service for your 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 Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

  •  You will not use the Service to cause nuisance, annoyance or inconvenience;

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

  • You will not copy, or distribute the Service or any portion or feature thereof without advance written permission from TowMe;

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

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

  • You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;

  • You will not use the Service with an incompatible or unauthorized device or computer; and

  • You will comply with all applicable laws and regulations while using the Service.

    TowMe reserves the right to immediately terminate the Service should you not comply with any of the foregoing.

    You may not authorize third-parties to use your account, and you may not allow persons under the age of 18 to use the Service unless they are accompanied by you or an adult. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child’s activity on the Services. If you are under the age to obtain an account, you must have your parent or legal guardian’s permission to use an

account and accept any additional terms required in connection with your access and use of the Services as a minor. Please have your parent or legal guardian read these additional terms with you. Please note: if there is an incident involving minors, in addition to any mandatory reporting obligations, TowMe may also proactively report incidents to the applicable authorities.

5. Payment

Customer use of the Services may result in charges to Customer for the services or goods Customer receives from TowMe and/or from Providers (“Charges”). Prices displayed to you when purchasing goods through the Services may be inclusive of retail prices charged by the Provider and fees paid to TowMe. TowMe will enable Customer payment of the applicable Charges for services or goods obtained through Customer use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

Charges incurred by a Customer will be owed directly to Providers, and TowMe will collect payment of those charges from Customer, on the Provider’s behalf as their limited payment collection agent. There also may be certain Charges a Customer incurs that will be owed and paid directly to TowMe or its affiliates.

All Charges and payments will be enabled by TowMe using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that TowMe may use another available payment method in your Account.

As between you and TowMe, TowMe reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. TowMe will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Charges paid by you are final and non-refundable, unless otherwise determined by TowMe and (if applicable) the Provider assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please contact us at [email protected] to initiate such requests within 30 days after the Charge took place or TowMe will have no further responsibility and you waive your right to later dispute the amounts charged.

TowMe does not designate any portion of your payment as a tip or gratuity to a Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so.

You agree that you will pay for all services you purchase from the Provider, and that TowMe may charge your credit card account as provided by you when registering for the Service for the Provider services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing TowMe with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.

TowMe uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. TowMe is not responsible for any errors by the Payment Processor and you hereby agree to release TowMe from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the Service, TowMe will obtain certain transaction details, which shall be maintained in accordance with TowMe’s Privacy Policy.

6. No Employment/Agent/Broker Relationship.

TowMe is not an employment service and does not serve as an employer of any Customer or Provider. TowMe 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 Service or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms. Without limiting the foregoing, except as expressly set forth herein, TowMe is not acting and does not act as an agent or broker for any Customers, Providers, or any other user of the Service.

7. Indemnification.

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

8. Liability Limitation.

BY USING THE SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT TOWME 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 SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE TwMe 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 SERVICE, (c) YOUR FAILURE TO PROVIDE WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE 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 TowMe. 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 TOWME, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE 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 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 TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

9. Disclaimer.

The information, recommendations and/or services provided to you on or through the Service is for general informational purposes only and does not constitute advice. TowMe does not guarantee continuous, uninterrupted access to the Service. Although TowMe attempts to maintain the integrity and accuracy of the information accessible through the Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized

additions, deletions, or alterations could be made to the Service by other users or third parties without TowMe’s knowledge. TowMe cannot and does not guarantee that (the contents of) the Services (including the website and the mobile application) are free of errors, defects, malware and viruses. TowMe reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.

The quality of the towing services requested through the use of the Service is entirely the responsibility of the Provider who ultimately provides such services to a Customer. TowMe under no circumstance accepts liability in connection with and/or arising from the services provided by any Provider or actions of any Customer or any acts, action, behavior, conduct, and/or negligence on the part of any Provider and you hereby agree to release TowMe from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOWME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TOWME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

TOWME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

TOWME DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF TOWME. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE TOWME FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

TOWME DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. TOWME CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TOWME’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.

10. License Grant.
For purposes of these 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 TowMe mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

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

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

  • “Collective Content” means, collectively, TowMe Content and User Content.

    Subject to your compliance with these Terms, TowMe grants you a limited, non-exclusive, non-transferable license to view, download and print any TowMe Content solely for your purposes, and to view any User Content to which you are permitted access solely for such 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 Service or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of TowMe. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TowMe or its licensors, except for the licenses and rights expressly granted in these 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 Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, TowMe shall have the right and you hereby grant TowMe 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 TowMe website or through the 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 TowMe the rights granted in the License Grant without restriction.

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

TowMe reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which TowMe believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to TowMe.

12. TowMe Mobile Application License.

Subject to your compliance with these Terms, TowMe grants you a limited non-exclusive, non-transferable license to use the TowMe mobile application and to access the Service via a single mobile device or computer that you own or control and to run such copy of TowMe mobile application solely for your own use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the TowMe mobile application in any way; (ii) modify or make derivative works based upon the Service or TowMe mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the TowMe mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the TowMe 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 Service or TowMe mobile application, or (c) copy any ideas, features, functions or graphics of the Service or TowMe 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 Service or TowMe 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 Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

TowMe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TowMe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TowMe has no obligation to monitor your access to or use of the 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 Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TowMe reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TowMe, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Service.

13. Intellectual Property Ownership.

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

These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Service or any intellectual property rights owned by TowMe. TowMe’s name, logo, and the product names associated with the Service are trademarks of TowMe, 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 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, and participate in promotions of third parties. These links take you off the Service and are beyond TowMe’s control.

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

This Agreement shall commence upon your acceptance and shall remain in effect until terminated as set forth herein. Either party may terminate this Agreement with or without cause upon five (5) days’ advance written notice to the other party. TowMe, in its sole discretion, may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. All outstanding payment obligations and the other provisions of this Agreement that by their terms should survive such termination shall survive the termination of this Agreement.

16. Invalidity of one or more provisions.

If any provision of these 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 Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.

17. Modification of the Terms.

TowMe may change these Terms and will post the modified terms (which shall then become the agreement between you and TowMe) with the new effective date listed above. TowMe will also give you prior notice that the Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. TowMe also encourages you to check the terms of these Terms from time to time to see if they have been updated. If you do not agree to the modified Terms, your sole recourse is to stop using the Services. Your continued use of the Services after the date the modified Terms are posted will constitute your acceptance of the modified Terms.

18. Notice.

TowMe may give notice by means of a general notice on the Service or mobile application, or by electronic mail to your email address on record in TowMe’s account information, or by written communication sent by regular mail to your address on record in TowMe’s account information. Any notice required or permitted to be delivered to TowMe by this Agreement shall be submitted via [email protected] .

19. Assignment.

You may not assign your rights under these Terms without prior written approval of TowMe. 20. Applicable law and Dispute Resolution.

The Terms and the resolution of any dispute related to these Terms will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state.

You and TowMe agree to resolve any disputes between us in accordance with this Section 20. If you believe that TowMe has not adhered to the Terms or you have any dispute with TowMe, please contact TowMe using the contact information provided below. We will do our best to address your concerns and each party agrees to attempt to resolve any disputes with the other amicably.

Except as provided herein, you and TowMe agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and TowMe relating to the Services or these Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). If AAA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

For any claim where the total amount of the award sought is $10,000 or less, the AAA (or ADR Provider, if applicable), you and TowMe must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules, and the hearing (if any) will be held in a location reasonably convenient to both parties unless the parties agree otherwise on a specific location.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TowMe will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the

compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and TowMe also have the right to bring qualifying claims in small claims court. In addition, you and TowMe retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor TowMe may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TowMe’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section 20 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 20 shall continue in full force and effect. No waiver of any provision of this Section 20 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section 20 will survive the termination of this Terms or your relationship with TowMe.

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.

21. Confidentiality and Press.

The term “Confidential Information” shall mean any confidential or proprietary business, technical or financial information or materials of a party (“Disclosing Party”) provided to the other party (“Receiving Party”) in connection with the Agreement, whether orally or in physical form. However, Confidential Information shall not include information (a) previously known by Receiving Party without an obligation of confidentiality, (b) acquired by Receiving Party from a third party which was not, to Receiving Party’s knowledge, under an obligation of confidentiality, (c) that is or becomes publicly available through no fault of Receiving Party, or (d) that Disclosing Party provides written permission to Receiving Party to disclose, but only to the extent of such permitted disclosure. Receiving Party agrees that (a) it will use Confidential Information solely for the purposes permitted under this Agreement and (b) it will not disclose the Confidential Information to any third party other than Receiving Party’s employees or agents who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein. In the event Receiving Party receives a subpoena, administrative or judicial order, or any other request for disclosure of any Confidential Information of Disclosing Party,

Receiving Party will give Disclosing Party prompt written notice of such subpoena, order or request and allow Disclosing Party to assert any available defenses to disclosure. Receiving Party will protect the Disclosing Party’s Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.

Other than as expressly set forth herein, neither you nor us may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

Each Provider agrees that it comply with the obligations applicable to it under the applicable data protection law with respect to the collection, storage, use or other processing of any personal data of any Customer, including that it shall implement appropriate technical and organizational measures to protect such personal data against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure.

22. Code of Conduct.

TowMe maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. Violence of any kind will not be tolerated. TowMe expects that all providers and customers treat each other with respect and courtesy.

It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. This type of behavior can result in permanent termination from the TowMe program.

It is unacceptable to make derogatory remarks about a person or group. Furthermore, commenting on appearance, asking overly personal questions and making unwanted physical contact are all inappropriate and in many cases, against the law. We encourage you be considerate and respectful of other’s privacy and personal space.

Safety is a top priority for all TowMe services, including the physical safety of persons and property involved. We require Providers to keep documents up to date to remain active, including Certificate of Insurance, employee Background Check(s), driver’s license(s) and vehicle registration. Additionally, TowMe Providers are responsible for proper maintenance of any equipment essential to safely performing service.

Illegal substances and – unless explicitly allowed by law – open containers of alcohol are not permitted in Provider vehicles. This is against the law and a serious violation of TowMe policy. TowMe does not tolerate drug or alcohol use by Providers while involved with any stage of a TowMe service or customer.

Providers who are tow truck drivers must maintain a smoke-free vehicle. Furthermore, it is your responsibility to transport customers and/or their vehicle safely in accordance with the rules of the road in your city and the regulations of the towing industry. It is your responsibility to abide by the seat belt laws in your state. However, we recommend that you and any customer(s) you transport always wear a seatbelt while riding in any vehicle.

Violations of this Code of Conduct could result in termination of your TowMe account.

If at any time you feel that you are faced with a situation that requires immediate emergency attention, please call the emergency service number in your area. Once all parties are safe and the situation has been handled by the authorities, please then notify TowMe. We will assist and take appropriate action as needed, including cooperating with law enforcement.

23. Contact Us.
If you have any questions about the Terms of the Service, please contact us at [email protected].