This policy was last Updated: March 19, 2019
USERS AGREE THAT THEY WILL NOT USE OR CALL All ROADSIDE ASSISTANCE WHILE DRIVING OR OPERATING A MOTOR VEHICLE.
All Users must read these Terms and Conditions carefully before using the www.AllRoadsideAssistance.com website, mobile website, and All Roadside Assistance Android, iOS, and Windows applications (collectively “Website”) operated by All Roadside Assistance. Users access to and use of the Website is conditioned on their acceptance of and compliance with these Terms and Conditions. If users do not agree with All Roadside Assistance’s Terms and Conditions, their only available recourse is to discontinue utilizing All Roadside Assistance’s Website and Services. However, by accessing or using All Roadside Assistance’s Website or Services, users agree to abide by these Terms and Conditions. Please be advised that these Terms and Conditions may change from time to time, therefore, the continued use by users of the Website after All Roadside Assistance has made changes to its Terms and Conditions is deemed to be acceptance of those changes, so please check these Terms and Conditions periodically for updates.
I. All Roadside Assistance’s Services
All Roadside Assistance provides an organized national service database for the trucking and automobile industry with advertising and marketing services for businesses that provide roadside-service, repair facilities, towing and other trucking and automobile related services in locations across the United States. This database allows users to access business and advertiser listings within their immediate area and across the United States for their trucking and automobile service needs. These services (“Services”) provided by All Roadside Assistance includes the information on its Website. Users must access All Roadside Assistance’s Website at their own expense and cost.
II. All Roadside Assistance Members
Users of the All Roadside Assistance may register and become members. Once registered, members will receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Therefore, members agree to notify All Roadside Assistance of any unauthorized use of their account or any other breach of security known or reasonably should be known to the member. A member’s right to use of All Roadside Assistance’s Website or Services is personal to the each member. Moreover, the Services provided by All Roadside Assistance is intended to be used personally, and not resold or utilized for commercial purposes. Therefore, by utilizing All Roadside Assistance’s Website, users agree not to resell or make any commercial use of All Roadside Assistance’s Services without the express written consent of All Roadside Assistance.
III. Third-Party Information Disclaimer
On All Roadside Assistance’s Website, product information and specifications has either been provided by third-parties or collected from publicly available sources by All Roadside Assistance. Although All Roadside Assistance makes every effort to ensure that the content and information on its Website is correct and accurate, it cannot make any representations or warranties as to the accuracy or reliability of any of the information provided on its Website. Put another way, All Roadside Assistance does not make any warranties or representations whatsoever with regard to any product or service provided or offered by any third-party on its Website. Further, users of All Roadside Assistance’s Website acknowledge that any reliance on representations or warranties provided by any third-party, shall be at their own risk.
IV. Amendments, Modifications and Interruption to Website and Services
All Roadside Assistance reserves the right to amend, modify or discontinue its Website or Services with or without notice to users. All Roadside Assistance shall not be liable to users or any third-party for exercising its right to amend, modify or discontinue the Website or its Services. Users acknowledge and accept that All Roadside Assistance does not guarantee continuous, uninterrupted or secure access to its Website.
VI. Unauthorized Uses
Users are granted a non-exclusive, non-transferable, revocable license to access and use of All Roadside Assistance’s Website and Services strictly in accordance with these Terms and Conditions. As a condition of a users use of All Roadside Assistance’s Website, users warrant to All Roadside Assistance that they will not use the Website or All Roadside Assistance’s Services to recreate or compete with All Roadside Assistance, to solicit or harass third-parties referenced on the Website, or for any other purpose not contemplated in these Terms and Conditions.
Users acknowledge that a violation of the above uses could result in significant harm and damages to All Roadside Assistance. As such, users agree that they will be liable to All Roadside Assistance for any such damages, and will indemnify and hold All Roadside Assistance harmless, in the event of any claims, costs, or fees arise against All Roadside Assistance that are based on a user’s violation of the Terms and Conditions herein.
All Roadside Assistance reserves the right to revoke any users access to any of All Roadside Assistance’s Website or Services, at any time. All information regarding the third-parties that are mentioned on All Roadside Assistance’s Website is confidential and for users’ personal use only.
If All Roadside Assistance determines or suspects, in its sole discretion, that a user is misusing, attempting to misuse, circumvent All Roadside Assistance’s Services or Website, or is using or attempting to use the Website for inappropriate or non-personal purposes, including but not limited to, activities such as hacking, use of bots, scraping content, infiltrating, fraud, advertising, jamming and spamming, or commercial uses, All Roadside Assistance reserves the right, to immediately terminate the user’s access without notice, and to initiate without notice the appropriate legal action or proceedings necessary to seek appropriate remedial action against the user. This may include, but not be limited to, pursuing legal action for lost revenue, repairs, legal fees, costs and expenses, as well as other equitable relief as All Roadside Assistance deems fit and necessary.
VII. Information Provided to All Roadside Assistance
By utilizing All Roadside Assistance’s Website, users will be prompted to disclose certain information about themselves and the Services they are interested in. Users will be able to store this information on All Roadside Assistance’s Website. Please be advised that some of this information may be sent to advertisers and other third-parties who will need this information to respond to users’ request for services. By users providing this information to All Roadside Assistance, or by submitting a service request, users are requesting, and expressly consenting to being contacted by All Roadside Assistance and by its advertisers, providers and other third-parties via phone, fax, email, mail or other reasonable means, at any of the user’s contact numbers or addresses, even if the user is listed on any federal, state, provincial or other applicable “Do Not Call” list. This communication will be necessary to provide users the Services set forth on All Roadside Assistance’s Website, to service users’ accounts, to address matters pertaining to users’ accounts, and for other purposes reasonably related to Service requests and All Roadside Assistance’s business, including marketing related communications.
Users acknowledge that by completing a search request on All Roadside Assistance’s Website, they agree to be contacted by All Roadside Assistance and/or its partners, advertisers, and other third-parties. Further, users acknowledge and agree that All Roadside Assistance may communicate with them by SMS, MMS or other electronic means to their mobile device and that certain information about their usage of All Roadside Assistance’s Website Services may be communicated to All Roadside Assistance. In the event that a user changes or deactivates their telephone number, or email address, the user agrees to promptly update their account information with All Roadside Assistance to ensure that the correspondence that All Roadside Assistance intends to send to the user is not sent to another party. Users acknowledge and promise that all information provided (including, but not limited to users’ contact information) will be accurate, current and truthful to the best of the user’s knowledge. If a user provides any information that is untrue, not current or incomplete, or All Roadside Assistance has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, All Roadside Assistance has the right to refuse the user any current or future use of its Website and Services. Users are responsible for any and all use of the All Roadside Assistance Website or Services by persons to whom they intentionally or negligently allow access to their password and/or account.
To knowingly provide false information, including, but not limited to, information regarding a user’s name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and/or damages, including but not limited to, invasion of privacy rights to All Roadside Assistance and its partners, advertisers, third-parties, and to users of All Roadside Assistance’s Website and Services, as well as the loss of time, effort and expense responding to and relying on such false information requests. Such conduct could subject a user to regulatory fines and penalties. Therefore, if a user knowingly inputs false information in a service request or on All Roadside Assistance’s website, the user agrees to fully indemnify and hold All Roadside Assistance harmless from any claim, cost, damage, or fees that may arise out All Roadside Assistance’s reliance on such false information
VIII. Intellectual Property
All content included as part of All Roadside Assistance’s Services and Website, such as text, graphics, logos, images, video, audio, lists, as well as the compilation thereof, and any proprietary software used on the Website, is the property of All Roadside Assistance and is protected by federal copyright, trademark and patent laws. Therefore, users do not have the right to utilize the above protected content without the prior written permission of All Roadside Assistance.
As used in these Terms and Conditions, Intellectual property rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, and restorations thereof, now or hereafter in force and effect worldwide. Users agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from All Roadside Assistance’s Website or Services.
Users also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary right notices affixed to or contained within or accessed in conjunction with or through the Website or Services. Any use of materials or information on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission by All Roadside Assistance is strictly prohibited. Users agree that they will not use any electronic-means, such as a robot, spider, or other automatic device, or manual process to monitor or copy All Roadside Assistance’s web pages or the content contained on the Website without the prior written permission of All Roadside Assistance. All Roadside Assistance and www.AllRoadsideAssistance.com are trademarks of All Roadside Assistance Inc. All Roadside Assistance’s trademarks may not be used in connection with any product or service that is not provided or approved by All Roadside Assistance, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits All Roadside Assistance. All other trademarks displayed on All Roadside Assistance’s Website are the trademarks of their respective third-party owners, and neither constitutes an endorsement or partnership between the third-party and All Roadside Assistance, nor a recommendation by All Roadside Assistance to those third-parties. In addition, such use of trademarks or links to the websites of third-parties is not intended to imply, directly or indirectly, that those third-parties endorse or have any affiliation with All Roadside Assistance.
Misuse of any intellectual property is strictly prohibited, and All Roadside Assistance will enforce its rights via civil and criminal proceedings against any party that violates All Roadside Assistance’s intellectual property rights.
IX. No Affiliation
All Roadside Assistance provides information on its Website for advertisers and other entities in an effort to connect its users with third-parties that provide the services that its users desire.
All Roadside Assistance cannot guarantee or warrant the services, workmanship, or quality of work provided by any third-parties suggested on its Website. Therefore, All Roadside Assistance is not liable for any claim against any third-party introduced or suggested to users through the Website. As such, users should contact and transact with third-parties introduced through the Website by All Roadside Assistance, with caution and at their own risk.
X. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, All Roadside Assistance designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: All Roadside Assistance, Inc.
100 S. Saunders Rd STE 150
Lake Forest, IL 60045
By Telephone: 833-425-5772
By Email: [email protected]
Users are responsible for knowing and complying with all applicable laws. Users may not use All Roadside Assistance’s Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Users further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
XII. Disclaimer of Warranties
The Services Provided by All Roadside Assistance are on an “as is and “as available” basis. All Roadside Assistance expressly disclaims any and all warranties, whether express or implied, relating to any third-parties’ information, criteria, procedures, information, or workmanship. Including, but not limited to any warranties of merchantability, or fitness for a particular use.
All Roadside Assistance does not screen or verify that the information it has from third-parties is accurate, timely or error free. Therefore, All Roadside Assistance does not refer or suggest any third-party on it’s Website. As such, All Roadside Assistance will not be liable for any damages, costs, fees, or otherwise that users may incur in utilizing All Roadside’s Assistance’s Website or Services, including, without limitation, damages, loss or profits, business interruption, or loss of information arising out of the use or inability to use your computer, internet-browser, or All Roadside Assistance’s Website or Services. All Roadside Assistance shall not have any liability for any interruptions in the use of its Website or Services. All Roadside Assistance disclaim all warranties with regard to the information provided, including any implied warranties of merchantability and fitness for a particular purpose and non-infringement.
XIII. Limitation of Liability
All Roadside Assistance shall not be liable for any damages whatsoever, and in particular it shall not be liable for any special, indirect, consequential or incidental damages, including, but not limited to, damages for lost profits, loss of revenue, or loss of use, arising out of or related to All Roadside Assistance’s Services, Website, or the information provided by All Roadside Assistance. Regardless if such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if All Roadside Assistance is made aware of such damages.
To the extent that some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, the above limitations are inapplicable and limited in such jurisdictions.
Users agree to indemnify and hold harmless All Roadside Assistance, its subsidiaries, affiliates, officers, employees, agents, and partners, from any and all costs, claims, demands, or damages, including attorney’s fees and court costs, made by any third-party due to or arising out of a user’s use of All Roadside Assistance’s Website or Services, with regard to any dispute between users and any third-party, or a user’s violation of these Terms and Conditions, or arising from User’s violations of any rights of a third-party.
XV. General Provisions
Users acknowledge and agree that All Roadside Assistance’s Website and Services are provided on an “as is” basis without any warranty whatsoever. Therefore, a user’s sole and exclusive remedy for any claim arising out of the use of All Roadside Assistance’s Services or Website, is a user’s freedom to discontinue utilization of All Roadside Assistance’s Website and Services.
These Terms and Conditions will inure to the benefit of All Roadside Assistance’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction, such provision shall be modified in order to make it valid and enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining Terms and Conditions.
The failure of All Roadside Assistance to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of All Roadside Assistance’s Website or Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and Conditions are governed by the laws of the State of Illinois, without giving effect to any choice of law rules. Further, users agree to submit to jurisdiction in Illinois and that any claim arising out of or related to these Terms and Conditions or the use of All Roadside Assistance’s Website or Services will be brought solely in a court in Lake County, Illinois.
These Terms and Conditions constitute the entire agreement between All Roadside Assistance and users, and supersedes all oral and written negotiations or representations of the parties with respect to the subject matter hereof. All Roadside Assistance makes no representation that its Website or other Services are appropriate, legal or available for use in other locations. Accordingly, if a user chooses to access All Roadside Assistance’s Website, the user agrees to do so subject to the internal laws of the State Illinois. These Terms and Conditions may not be modified or amended other than by an agreement signed by All Roadside Assistance.