Towlos Terms of Use

EFFECTIVE DATE: Aug. 01, 2022

Towlos LLC (“Towlos” or “we,” “us” or “our”) provides an online marketplace that connects vehicle Hosts and Guests. Unless otherwise indicated “you”, “your”, and “yourself” refers to both Hosts and Guest. These Terms of Use (“Terms”) govern your use of our website towlos.com, along with the features, functionalities, applications, browser extensions and other services available through our website, including without limitation our online marketplace, (collectively, our “Website”) and any other services we may provide (the “Services”). Our Website and Services are collectively referred to herein as our “Platform.”

By visiting our Platform and/or submitting anything to us through our Platform, you agree to read, comply with, and be legally bound by: (1) these Terms and (2) any additional terms and conditions, agreements, policies, and additional terms published on the Platform or otherwise applicable to your use of the Platform (the “Rules”). These Terms and the Rules are collectively referred to herein as the “Agreements.”

THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. FURTHER, THESE TERMS REQUIRE THAT YOU AGREE TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE SUCH A DISPUTE, INSTEAD OF RESOLUTION THROUGH A COURT OR JURY TRIAL OR A CLASS ACTION SUIT. THUS, PLEASE CAREFULLY REVIEW THE AGREEMENT TO ARBITRATE PROVIDED IN SECTION 15 OF THESE TERMS BEFORE YOU ACCESS, PARTICIPATE IN OR USE OUR PLATFORM. 

  1. ACCEPTANCE AND APPLICABILITY OF AGREEMENTS
    1. Acceptance of Agreements. By creating an account with us, accessing, or using our Platform, you agree to be bound by these Terms. If you do not agree to the following, you may not access, participate in or use our platform (in whole or in part). Only individuals eligible to access, participate in or use our platform as provided in any of the Agreements are permitted to do so.  
    2. Eligibility. Without limiting the foregoing, the Platform is intended for United States residents 21 years of age or older. Use of our Platform by anyone under 21 years old is strictly prohibited. 
    3. Representations and Warranties. By accessing the Platform, you represent to us that: (1) you are a United States resident; (2) you are 21 years of age or older; (3) you are legally able to enter into contracts; (4) you are not a person barred from using the Platform under federal, state, local or other laws; and (5) you have not previously been suspended or prohibited from using the Platform for any reason other than your cancellation of your account on the Platform.
    4. Changes to Terms. We may update or modify these Terms from time to time, without limitation by posting a revised version of these Terms throughout our Platform and by publishing a general notice of such changes across our Platform. You can review the most current version of these Terms at https://towlos.com/terms-conditions. By accessing or using our Platform after we have provided such notice, you agree to be bound by such modifications.
    5. Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:
      1. change or terminate all or any part of the Platform;
      2. restrict or terminate your access to all or any part of the Platform;
      3. refuse, move or remove any content that is available on the Platform; or
      4. deny access to the Platform to anyone at any time in our sole and absolute discretion.
    6. Conflicts. In the event of any conflict between these Terms and any other Agreements, these Terms shall control.
  2. ACCOUNTS
    1. Registration. To access certain features of the Platform, you must sign up for an account with us. You can create an account by providing us your first and last name, email address, and creating a password. When you reserve a vehicle as a Guest or list a vehicle as a Host, we may require you to provide certain additional information. When registering for an account, you must provide true, accurate, current and complete information about yourself as may be prompted by any registration form. If any information you previously provided to us changes, you must promptly update the relevant information.
    2. Account Security and Responsibility. You are responsible for maintaining the confidentiality of your passcode and account and are fully responsible for all activities that occur under your password and account. You agree to notify Towlos immediately of any unauthorized use of your passcode or account or any breach of security. You must set up your account in your own name. You further agree not to use anyone else’s password on the Platform. Towlos will not be liable for any loss or damage arising from your failure to comply with this provision or any other provisions in the Agreements. If Towlos suspends or terminates your account, you acknowledge that all information and content associated with such account will no longer be available to you.
    3. Additional Information Sharing. If you open an account, you understand that Towlos will collect and maintain information related to your use of the Platform. Towlos connects, though may not always display, that information to your account in order to conduct our business operations.
    4. Our Termination or Suspension of Your Account. Without limiting any other rights we have under the Agreements, in the event we determine, in our sole discretion, that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code or due to other theft of your account information, we reserve the right to invalidate, delete or otherwise modify your account in order to protect your account, the accounts of other users and our systems from further damage or exposure. This may include proactively changing your password. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address listed on your account or other viable means of communication.
    5. Cancellation of Your Account. Towlos may terminate your account for any reason or no reason.You may close and/or terminate your account by contacting us at contact@towlos.com and following the instructions we provide. If your account is terminated, these Terms shall be terminated and your license to access and use our Platform shall immediately terminate and you must discontinue all use of the Platform. 
    6. Verification and Applications. Towlos may permit or refuse your request to book or list a vehicle in its sole discretion. Where permitted, Towlos has the right, but not the obligation, to undertake screenings, checks, and engage in processes to (a) assist with the verification of identities or check the backgrounds of users, including driving history and driver’s license validity, and (b) verify vehicle details. Towlos does not endorse any vehicle, user, or user’s background, or commit to undertake any specific screening process. Towlos may in its sole discretion use third-party services to verify the information that you provide to Towlos and to obtain additional related information and corrections, where applicable. In furtherance of the foregoing you hereby expressly authorize Towlos to request, receive, use, and retain such information.  
  3. VEHICLE SHARING
    1. Our Role. Towlos is not an equipment or vehicle rental company. Towlos does not own a pool of equipment or a fleet of vehicles and is not in the business of renting equipment or vehicles to the public. Towlos provides the Platform where individuals who own vehicles and register on the Platform (“Hosts”) and individuals in need of such vehicles who register on the Platform (“Guests”), can meet and share vehicles via the Platform, subject to these Terms. WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR ARE WE A VEHICLE BROKER, AGENT OR INSURER. WE HAVE NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE PLATFORM.
    2. Individual Use. The Platform is strictly for individual use, and you as a Guest may not use it for any business or commercial purposes. If you would like to use the Platform as a Guest for any business or commercial purpose, please contact us at contact@towlos.com
    3. How it Works. 
      1. Hosts List Vehicles. If you are a Host, you must register for an account on the Platform. You can then create vehicle listings. When you create a listing, you’ll need to provide certain details about the vehicle and when it is available. 
      2. Guests Browse Listings and Submit Requests. If you are a Guest, you can browse the vehicles listed on the Platform. When you find a vehicle that meets your needs and is available when you need it, you can submit a request to book it starting on a specific day/time (the “Start Date”) for a specified period of time (the “Hire Period”).  A few things to keep in mind:
        • You must provide a credit card or other payment method that we approve (a “Payment Card”) before you submit a request. We – or a third party we use to process payments – will place a hold on your Payment Card when you submit the request. You will be charged when the Host accepts the request. 
        • You cannot submit a request less than 5 hours in advance of the Start Date. 
        • Towlos in its sole discretion may reject a booking request for any reason or no reason prior to the confirmation of the Host.
  4. Reservations. Once a Guest submits a request, the Host will receive it and has a certain amount of time to respond – typically, 5 days. However, things are a little different closer to the Start Date. The deadlines for the Host to respond to a request are as follows:
Time period between when the Guest Summits a Request and the Start Date Host must accept
6 days + Within 5 days
24 hours – 6 days At least 24 hours before the Start Date
Less than 24 hours With 3 hours

If the Host accepts the request, the request is confirmed and becomes a binding rental agreement (“Reservation”) between the Host and the Guest. The terms of the Reservation shall be substantially to these Terms. The Guest and the Host hereby designate Towlos as a third-party beneficiary of the Reservation having the right to enforce the Reservation against the Guest and the Host as if a party thereto.

  1. Rejected Request. If the Host declines the request or does not respond, the request is canceled, and the hold on the Guest’s Payment Card will be lifted.
  2. No Shows. 
    • For Guests, if you fail to pick up the vehicle during the Hire Period, you will still be charged the full cost of the Reservation.  
    • For Hosts, if you fail to show up for pick up, the Guest is eligible to receive a full refund.
  3. Cancelation 
    1. For Guests: If you are a Guest, you may cancel your request or Reservation as follows: 
  1. Up to 24 hours in advance. You may cancel up to 24 hours in advance of the Start Date. If you haven’t been charged, we will lift the hold on your Payment Card. If you have been charged, we will provide you a full refund.  
  2. Less than 24 hours in advance. We do not provide refunds for Reservations less than 24 hours before your Start Date, with one exception.If you submit your request less than 24 hours in advance of the Start Date, you can change your mind and cancel within 1 hour after you submit your request.  
  3. For Hosts: Hosts are strongly discouraged fromcanceling Reservations. If you must cancel, we encourage you to notify the Guest via the Platform as soon as possible. If you have more than 3 no-shows or cancelation, we may cancel or de-list your hosting account. 
  1. INSURANCE
    1. For Hosts. By listing a vehicle on the Platform you agree that (i) you maintain a vehicle insurance policy underwritten by a reputable national insurance company for such vehicle; (ii) so long as you list a vehicle on the Platform you shall, at your sole cost and expense, maintain the insurance policy applicable to such vehicle in full force and effect; (iii) that you are the primary or sole beneficiary of any such policy; and (iv) if at any time after a vehicle is listed on the Platform the insurance policy for such vehicle expires or is otherwise terminated for any reason or no reason, you (x) will immediately remove the vehicle from the Platform, and (y) terminate any existing or pending Reservations for the vehicle. 
    2. For Guests. By reserving a vehicle on the Platform, you acknowledge and agree that (i) you maintain and carry in full force and effect a vehicle insurance policy underwritten by a reputable national insurance company for the vehicle that will be connected to the Host’s vehicle; and (ii) you are the primary or sole beneficiary of such policy.
    3. Acknowledgement. You hereby acknowledge and agree that Towlos is not an insurer and that Towlos makes no warranty, and hereby expressly disclaims any representation or warranty, that the personal insurance of a Guest or Host (i) complies with the legal requirements of the applicable jurisdiction; (ii) is sufficient to cover the use of any vehicle listed on the Platform, either in coverage or in amount; or (iii) will cover any incident that occurs during a Reservation. You acknowledge and agree that it is your sole duty and responsibility to review and confirm that the insurance of the other party to a Reservation is sufficient for the purposes of the Reservation. 
  2. PAYMENT AND CONFIRMATION
    1. Confirmation. Guests and Hosts will receive confirmation emails.
    2. Payment. Guests will be charged for all fees, expenses or applicable taxes when the Host accepts the Guest’s request and thus confirms the Reservation. 
    3. Third Party Payment Processing. We may use third-party services to process and facilitate payments between Guests and Hosts. We currently use Stripe, which has its own separate terms of service. Before submitting any payment information on our Platform, you agree to read and be bound by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.
      1. For Hosts, by accepting these Terms and as a condition of Towlos enabling payment processing services through Stripe, you authorize Towlos to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate the renting of your vehicle. You further agree to provide accurate and complete information about you and authorize Towlos to share it with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Towlos reserves the right to switch payment processing vendors at its discretion.
      2. For Guests and Hosts, by accepting these Terms, you give Towlos (or a third-party payment processor acting on our behalf) permission to charge the Payment Card you provided in submitting the booking request or registering a vehicle. Additionally, you authorize Towlos, or third-party service providers acting on behalf of Towlos, to store your payment credential for future use in the event you owe Towlos any money. You authorize Towlos to use stored payment credentials for outstanding balances. In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. 
    4. Accuracy. All payment information you provide to Towlos must be accurate, complete, and current. You agree to pay all charges you incur using our Platform. 
    5. Credits and Refunds. Except as otherwise provided in the Agreements, no refunds or credits will be provided once your Payment has been charged or your payment otherwise paid to Towlos, except that, (1) at our sole discretion, refunds or credits may be granted in extenuating circumstances, and (2) Guests may receive a refund if the Host cancels a booked Reservation. 
    6. Security. While we will use commercially reasonable efforts to ensure the security of all Payment Card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. 
    7. Failure to Pay. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) reverse any credits to your bank account; or (iii) collect payment or reimbursement from you by any other lawful means. 
  3. USE OF THE PLATFORM 
    1. Acceptable Use. Your use of the Platform must comply with the following (“Platform Use Restrictions”):
      1. You are only allowed to use the Platform for its intended purposes, as determined by us in our sole discretion.
      2. Without limitation, you are not allowed to access or use our Platform to: (1) violate any laws; (2) transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature; (3) engage in commercial activity except as expressly permitted under the Agreements; (4) engage in any action with another user on the Platform designed to circumvent the features provided by the Platform; (5) refer or promote external websites that facilitate sales of products and services outside the Platform; and (6) use contact information obtained through the Platform to offer to buy or sell products or services outside of the Platform.
      3. You are also prohibited from: (1) reformatting or framing any portion of our Platform; (2) using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of our Platform; (3) taking any action that imposes, or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure; (4) modifying, adapting, disassembling, decompiling, translating or reverse engineering any portion of our Platform or otherwise attempting to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming interoperability interfaces of our Platform; (5) disrupting or otherwise interfering with our Platform or the networks or servers we use; (6) impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity; (7) collecting or storing, or attempting to collect or store, personal information about other users of our Platform, except as expressly permitted under the Agreements; (8) engaging in any activity that is illegal under federal, state, local, or other laws; (9) creating a false identity on our Platform; (10) creating an account on our Platform for anyone else (except when, and only to the extent, you create one or more sub-accounts on our Platform for your employees or other representatives that are authorized to use or access our Platform on your behalf); (11) releasing to any third party information related to your access to or use of our Platform for purposes of monitoring our Platform’s availability, performance, or functionality, or for any other benchmarking or competitive purposes without our prior written approval; (12) copying our Platform, except as expressly permitted under the Agreements; (13) accessing or using our Platform in a service bureau or time-sharing environment (including, without limitation, accessing our Platform to provide third parties a service consisting solely of the collection and entry of data and other information on our Platform); (14) selling, assigning, transferring, sublicensing, pledging, renting, or otherwise sharing your rights under the Agreements; (15) creating any derivative works based on our Platform; and (16) modifying, obscuring, or removing any proprietary notices on our Platform or copies thereof.
    2. Compliance with Applicable Laws. You certify that you will comply with all applicable laws (e.g., federal, state, local, and other laws) and the Agreements when accessing or using our Platform. Without limiting the foregoing, by accessing or using our Platform, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list or prohibited of restricted parties. If you access or use our Platform outside the United States, you are solely responsible for ensuring that your access to and use of the Platform in such country, territory, or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation to, in our sole discretion, monitor where our Platform is accessed from, and the right, but not the obligation, to block or otherwise restrict access to our Platform, in whole or in part, from any geographic location.
    3. Mistakes or Errors. Without limiting anything set forth in the applicable Agreements, you acknowledge and agree that under no circumstances will we or any of our licensors or suppliers be responsible for any loss, damage or liability arising out of any mistakes or other errors made by you as a result of your access to or use of our Platform.
    4. Abusive and Offensive Language. Abusive or offensive language will not be tolerated on our Platform, social media sites or with our personnel. You are not entitled to make untrue, malicious and/or damaging comments with regard to our operations in any media or forum.
    5. Links to Third Party Websites. Our Platform may include links to other websites (e.g., sponsors’ and/or advertisers’ websites) or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and that we do not endorse and are not responsible or liable for any such linked sites or other information, material, products or services contained on or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites, unless otherwise provided in the Agreements. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
    6. Personal Information. By accessing or using our Platform, you acknowledge and understand that we may collect, use, disclose, transfer, and share your personal information. This may include, but is not limited to, sharing your information with other Platform users as described in our Privacy Policy, available at https://towlos.com/privacy-policy, and elsewhere in these Terms. The Privacy Policy may be updated from time to time, so please review it regularly. If you do not agree with the collection and use of personal information as described in the Privacy Policy, please stop using our Platform and terminate your access to our Platform.
    7. Feedback. By submitting ideas, suggestions, documents, proposals, products, and/or technologies (“Ideas” or “Innovations”) to us in any way, you acknowledge and agree that: (1) your Ideas and/or Innovations do not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations; (3) we shall be entitled to disclose (or choose not to disclose) such Ideas and Innovations for any purpose and in any way; (4) we may have something similar to the Ideas and Innovations already under consideration or in development; (5) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
    8. User Content. Our Platform may provide users with the ability to add, create, upload, submit, distribute, post, or share content on or through our Platform, including, but not limited to, pictures, information, and profiles, (collectively, “User Content”). If you provide any User Content (“Your Content”), unless otherwise specified in an applicable Agreement, you expressly grant, and represent and warrant that you have the right to grant, us a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense Your Content in any manner or through any media now known or later developed without any payment obligation to you. Without limiting the foregoing, you acknowledge and agree that Your Content may be viewable by any other users of our Platform (whether registered or unregistered). Further, you understand and agree that we have the right, but not the duty, to pre-screen, edit, refuse, move, or remove any User Content, including, without limitation, Your Content, posted to our Platform. Reliance on User Content is at your own risk. We do not participate in any way in the development of any User Content. You acknowledge and agree that we are not responsible or liable for, nor do we endorse, any User Content that appears on the Platform.
  4. PLATFORM OWNERSHIP AND LICENSE
    1. Ownership. All rights, title and interest in and to our Platform, including, but not limited to, all of the software and code that comprise and operate our Platform, and all of the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through our Platform are owned by us or third parties who have licensed their content to us. Our Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Platform is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of our Platform. 
    2. Marks. The Towlos names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within our Platform, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Towlos, LLC (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress (collectively, “Other Marks”) mentioned, displayed, cited, or otherwise indicated within our Platform are the property of their respective owners. You are not authorized to display or use Our Marks in any manner without our prior written permission. You are not authorized to display or use any Other Marks that appear on our Platform without the prior written permission of the applicable third party.
    3. Limited License. Subject to your acceptance of, and compliance with, the Agreements, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Platform in a manner that is consistent with the Agreements and our Platform’s intended purpose(s). You obtain no rights in our Platform except to use it in accordance with the Agreements. Without limiting the generality of the foregoing, you shall not access or use our Platform in violation of the terms set forth in any of the Agreements, including, without limitation, the Platform Use Restrictions set forth in these Terms (collectively, “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission by any person of a Prohibited Activity and shall provide us with reasonable assistance upon our request with any investigations we may conduct in connection with any such Prohibited Activity.
  5. TERMINATION
    1. Right to Terminate. Subject to the terms set forth in the Agreements, in addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, with or without notice and in our sole discretion, to terminate these Terms and your ability to access or use our Platform for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of our Platform. You agree that we will not be liable to you or any third party for any such termination.
    2. Effects of Termination. If we exercise our termination rights available under the Agreements, your license to access and use our Platform shall immediately terminate and you must discontinue all access to and use of our Platform affected by such termination.
    3. Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive, or illegal activity, we may refer such matter to appropriate law enforcement authorities.
    4. Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.
  6. GENERAL OBLIGATIONS AND RESTRICTIONS
    1. In connection with your use of the Platform, you agree that you shall not, and shall not permit, encourage, request, or assist any other person, in connection with your access or use of the Platform, to engage in any of the prohibited activates listed in this Section 9.1.
      1. You shall not violate any law, including by:
        • breaching, violating, and/or circumventing any local, state, territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, licensing or registration requirements, or third-party rights;
        • posting false, inaccurate, misleading, defamatory, or libelous content; or
        • infringing, reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works of the Platform.
      2. You shall not dilute, tarnish, or otherwise harm the Towlos brand in any way including:
        • through unauthorized use of the Platform;
        • registering and/or using “Towlos” or derivative terms in domain names, trade names, trademarks, or otherwise; or
        • registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Towlos domains, trademarks, and/or Towlos Materials.
      3. You shall not provide or submit any false or misleading information, including:
        • a false name, date of birth, driver’s license details, payment method, insurance, or other personal information;
        • by registering for an account on behalf of an individual other than yourself; or
        • by impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity.
      4. You shall not circumvent any obligation hereunder, including:
        • use the Platform to find a Guest or Host, then complete a transaction partially or wholly independent of the Platform for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of Services by Towlos; or
        • transfer your Towlos account and/or your user identification to another party without our prior written consent.
      5. You shall not harm or threaten to harm other users including by:
        • harassing, stalking, or defaming any other Towlos user;
        • collecting or storing any personally identifiable information about any other user, except for purposes of transacting as a Guest or a Host in accordance with these Terms; 
        • engaging in physically or verbally abusive or threatening conduct;
        • using the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation photographs of others without their permission, personal contact information, payment method details, or account numbers;
        • threaten any legal action against Towlos or a Towlos user except as in the manner described in Section 15 hereof. 
      6. You shall not use the Platform for your own unrelated purposes, including to:
        • contact another Towlos user for any other purpose other than in relation to a booking, listing, or the use of the Platform by such user;
        • commercialize any content found on the Platform or software associated with the Platform; 
        • harvest or otherwise collect information about users without the prior written consent of Towlos and such user;
        • solicit or induce any user to engage the services of a third-party that are competitive to Towlos.
      7. You shall not interfere with the operation of the Platform, including by:
        • interfering with any other user’s listing in any way;
        • using the Platform in connection with the distribution or posting of unsolicited commercial messages or other spam; 
        • distributing any harmful code (e.g. virus, cancel bots, trojan horses), forged routing or e-mail address information, or by initiating a denial-of-service attack, or otherwise implementing any method or technology that may disrupt or interfere with the operation or provision of the Platform, or otherwise harm the Platform; or
        • interfering with the working of the Platform or imposing an unreasonable or disproportionally large load on any Towlos infrastructure.
  7. SPECIFIC TERMS FOR GUESTS

If you use the Platform as a Guest, the following apply to you. 

  1. Obligations: 
    1. You represent and warrant that you are a legally licensed driver and you agree you will provide proof to the Host or via the Platform of a current, valid driver’s license.
    2. You will exercise reasonable care in your use of the vehicle, will use the vehicle in compliance with all applicable laws and will take all reasonable measures to return the vehicle in good working order and in the same condition as received. 
    3. You agree that you will take reasonable precautions to prevent the loss or theft of the vehicle, including by implementing reasonable security measures. 
    4. You agree that you are financially responsible for any physical damage to the vehicle, outside of normal wear and tear, and any theft of any vehicle you booked during the applicable Hire Period. 
    5. You acknowledge that certain vehicles can be unwieldy and challenging to maneuver. Pulling a towed vehicle requires more skill and expertise than safely operating a passenger car. 
    6. By booking a vehicle you represent, warrant, and agree that you have the requisite knowledge, skill, and experience to operate such vehicle in a safe and lawful manner.
    7. You agree that, when you book a vehicle on the Platform, you will only use the vehicle only for your personal use and not for any commercial purposes (e.g. using the vehicle on a worksite). 
    8. You agree that you may not pick up a vehicle until the Start Date and you must return the vehicle on time and to the correct location. 
    9. You agree that, if you receive any personal information about a Host or other Platform user in the course of a transaction facilitated through the Platform such as name, contact information, or address, you may not use that information for any other purpose outside of the applicable transaction. 
  2. Compatibility. You will likely need a hitch or other related component to connect a towed vehicle to your vehicle. You are responsible for ensuring your vehicle is compatible with the towed vehicle you are booking.   
  3. Hitched Connection. You acknowledge it is your responsibility, jointly with the Host, to ensure that a towed vehicle is properly hitched at the time of departure, with appropriately sized ball mounts and sway bars as necessary. You further acknowledge that your vehicle has sufficient towing capacity.
  4. Who May Use the Host’s Vehicle​. Only the Guest who completes the booking may drive the vehicle connected to the Host’s vehicle. Guest shall be fully responsible for any and all damages, incidents, tickets, and other acts and omissions involving use of the Host’s vehicle.
  5. Condition of the vehicle. Please complete a visual inspection before you begin your use of the vehicle, including confirmation of any required taillights. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your Reservation to ensure you are not held responsible for pre-existing damage. If, after your initial inspection, you believe that the vehicle is not safe to use, please do not use the vehicle; instead, please contact the Towlos team immediately at (970) 343-4424.
  6. Vehicle theft. The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you to arrest, and civil and/or criminal penalties:
    1. If you fail to return the vehicle you booked at the conclusion of the Hire Period; 
    2. If you return the vehicle to any place other than the return location on the Reservation or as agreed upon with the Host; or
    3. If you leave the vehicle unattended and unsecured during the Hire Period and the vehicle is missing or stolen. 
  7. Missing vehicles. If a vehicle you have booked through the Platform goes missing and/or is stolen during the Hire Period (or extension period as determined in Towlos’s sole discretion), you must immediately file a police report after discovering the vehicle is missing or stolen, but in no event more than 12 hours after discovering it has gone missing, and cooperate fully with the Host, law enforcement, Towlos, and other authorities in all matters related to the investigation.
  8. Repossession. Towlos, a hired agent of Towlos, or the Host may repossess any vehicle booked via the Platform without demand, at the Guest’s expense, if the vehicle is not returned by the end of the Hire Period, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms. Towlos shall not be liable or any damage to or loss of a vehicle that occurs in connection with Towlos’s exercise of rights under this Section 10.8.
  9. No Responsibility for Shared Vehicles. You acknowledge and agree that Towlos is not responsible and shall not be liable for the safety, roadworthiness, or legal status of any vehicle shared via the Platform.
  10. Specific terms for Hosts. 

The following sections apply if you share your vehicle through the Platform.

  1. Obligations. 
    1. You agree to provide Guest with a safe and legally registered vehicle, with current license plates, a clean (non-salvage/branded/written off) title, and in good condition. You will provide such vehicle on time and only to the Guest who is listed on the Platform as having booked the vehicle.
    2. You commit that your listings will be complete and accurate, and you will honor all representations made in your listings. You acknowledge that it your responsibility to inform Guest via the listing of the limitations of your vehicle, including clearance heights and widths and other operating instructions, along with any hitches or other requirements for connecting the vehicle to a vehicle.
    3. You will not offer any vehicle that you do not yourself own. If your vehicle is subject to a lease, loan, or other financing agreement, you must confirm sharing your vehicle on Towlos does not violate the terms of the contract with the lienholder. You will not offer any vehicle that is the subject of a safety recall without first properly addressing the matter subject to the recall. You will not offer a vehicle that is not roadworthy (i.e., not “street legal”) in the location where it is shared, and it will not have any illegal modifications to any part of the vehicle. 
    4. You agree that, if you receive any personal information about a Guest or other Platform user in the course of a transaction facilitated through the Platform such as name, contact information, or address, you may not use that information for any other purpose outside of the applicable transaction. 
  2. Listing on the Platform
    1. As a Host, you may create listings on the Platform. To this end, you will be asked a variety of questions about the vehicle to be listed. You acknowledge and agree that listings will be made publicly available via the Platform. Other users will be able to book your vehicle via the Platform based upon the information provided in your listing. 
    2. You acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you post and the booking of, or Guest use of, vehicle in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) is in compliance with all applicable state, municipal and federal laws, tax requirements, and rules and regulations that may apply to any vehicle included in a listing you post, including, but not limited to, insurance requirements, Department of Motor Vehicle regulations, zoning laws, and laws governing rentals and operation of vehicles. Please note that Towlos assumes no responsibility for an Host’s compliance with any applicable laws, rules and regulations.
    3. You agree that Towlos is not responsible for any damages to a vehicle you book through the Platform, and you agree that you will hold Towlos harmless for any claims related to damages, injury, insurance claims, towing, or service or repairs or fines related to listing your vehicle through the Platform.
    4. You understand and agree that Towlos does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your vehicle and uses your vehicle, any agreement you enter into with such Guest is between you and the Guest and Towlos is not a party thereto. 
  3. Vehicle availability. Once a Reservation is booked, you must make the vehicle available or deliver the vehicle as expected by the Guest. If you offer the Guest the option to pick up your vehicle at a specified location, you must supply the location of the vehicle accurately to Towlos and ensure that the vehicle is available at that location at the beginning of the Hire Period. 
  4. Taxes. You are responsible for determining and fulfilling your obligations under applicable laws to report and/or include in the price for your listing all applicable taxes. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. We reserve the right to withhold taxes where required by law and Towlos reserves the right to seek additional amounts from users (including by deducting such amounts from amounts owed by Towlos to such users) in the event that any taxes collect are insufficient to fully discharge such users’ tax obligations. We cannot and do not provide tax-related advice to Platform users. Each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in listings.
  5. REPRESENTATIONS AND DISCLAIMERS
    1. YOU HEREBY ACKNOWLEDGE THAT OUR PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF OUR PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION. 
    2. Disclaimer of all Warranties.
      1. OUR PLATFORM – INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF OUR PLATFORM – IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED RELATING TO OUR PLATFORM OR ANY VEHICLE LISTED THEREON INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUITE ENJOYMENT, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE FURTHER EXPRESSLY DISCLAIM THAT OUR PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.
      2. YOU HEREBY ACKNOWLEDGE THAT OUR PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF OUR PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION. THEREFORE, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY, OR PERFORMANCE OF OUR PLATFORM CAUSED BY SUCH FACTORS.
      3. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION YOU SUBMIT THROUGH OUR PLATFORM.
      4. WE MAKE NO WARRANTY THAT THE PLATFORM, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY VEHICLES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OF VEHICLES, THE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY LISTING ON THE PLATFORM.
      5. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT TOWLOS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR INSPECT ANY VEHICLES. TOWLOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TOWLOS.
      6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
      7. TOWLOS PROVIDES ACCESS TO THE PLATFORM TO ENABLE THE SHARING OF VEHICLE BETWEEN GUESTS AND HOSTS AND TOWLOS DOES NOT ITSELF PROVIDE VEHICLE SHARING AND/OR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OF THE USERS OF THE PLATFORM, THE MANUFACTURER OF THE VEHICLE, OR ANY THIRD PARTY PROVIDER OF SERVICES. 
      8. TOWLOS MAKES NO WARRANTY THAT ANY LISTING AND/OR ANY VEHICLE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
      9. TOWLOS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTING, VEHICLES, GUESTS, HOSTS, OR ANY CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY RELATED TO THE FOREGOING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOWLOS OR ITS SERVICE PROVIDERS OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  6. YOUR LIABILITY
    1. Agreement to Indemnify. YOU AGREE THAT YOU WILL ONLY ACCESS AND USE OUR PLATFORM IN ACCORDANCE WITH THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY FEES) WHICH WE (OR ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THESE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR PLATFORM, THE BOOKING OF A VEHICLE VIA THE PLATFORM, THE USE OF A VEHICLE BOOKED THROUGH THE PLATFORM, YOUR CONNECTION TO OUR PLATFORM, YOUR VIOLATION OF THE AGREEMENTS, OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
    2. Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for your violation of the Agreements, including the right to block access from a particular Internet address to our Platform and report misuses to law enforcement.
  7. LIMITATION OF LIABILITY
    1. Maximum Liability. WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF OUR PLATFORM SHALL BE THE AMOUNT OF $100.
    2. No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF OUR PLATFORM.
    3. Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATIONS WILL ALSO APPLY REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  8. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

  1. Waiver of Rights. 

YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TOWLOS AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES  AND ANY TOWLOS USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (A) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (B) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (C) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (D) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST, OR GUEST, (E) THIRD PARTY ASSESSMENTS OF A VEHICLE’S VALUE, OR (E) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER TOWLOS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (A) THE TERMS, (B) THE PLATFORM (INCLUDING LISTING OR BOOKING OF ANY VEHICLE VIA THE PLATFORM), OR (C) INABILITY TO USE THE PLATFORM.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY TOWLOS USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TOWLOS AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

  1. Agreement to Arbitrate.
    1. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE PLATFORM SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
    2. EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION. YOU AND TOWLOS AGREE THAT THE FOLLOWING DISPUTES ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING INFORMAL NEGOTIATIONS AND BINDING ARBITRATION: (A) ANY DISPUTES SEEKING TO ENFORCE OR PROTECT, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR YOUR COMPANY’S INTELLECTUAL PROPERTY RIGHTS; (B) ANY DISPUTE RELATED TO, OR ARISING FROM, ALLEGATIONS OF THEFT, PIRACY, INVASION OF PRIVACY OR UNAUTHORIZED USE; AND (C) ANY CLAIM FOR INJUNCTIVE RELIEF. IF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THEN NEITHER YOU, NOR TOWLOS, WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS SECTION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION BELOW, AND YOU AND TOWLOS AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
    3. THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW.
    4. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.
    5. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION.
    6. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS AND (2) THE ARBITRATION SHALL 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 RULES, AND THE HEARING (IF ANY) WILL TAKE PLACE IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF COLORADO, IN EACH CASE, COVERING DENVER, COLORADO.
    7. THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS, AND AWARDS WILL BE GOVERNED BY COLORADO LAW without giving effect to the conflict of laws provisions THEREOF; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS’ FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONAS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE PARTIES.
    8. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
    9. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
    10. EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 15.5, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF OUR PLATFORM AND YOUR RELATIONSHIP WITH THE RELEASED PARTIES.
    11. All challenges to the validity and applicability of this agreement to arbitrate (i.e., whether a particular claim or dispute is subject to arbitration) shall be determined by the arbitrator.
  2. Information About Arbitration. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
  3. Challenges to Validity of Agreement to Arbitrate. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THE AGREEMENTS TO THE CONTRARY, IF THE CLASS ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.
  4. Opt-Out of Agreement to Arbitrate. IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THESE TERMS OR WHEN YOU FIRST VISIT THE PLATFORM, WHICHEVER IS LATER, YOU MUST SEND AN EMAIL WITH YOUR CONTACT INFORMATION AND THE SUBJECT: “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO CONTACT@TOWLOS.COM.
  5. Venue for Litigation. IF THE AGREEMENT TO ARBITRATE IN SECTION 15.2 ABOVE IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, OR IF YOU OPT OUT OF THE AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 15.5 THEN, UNLESS PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE STATE AND FEDERAL COURTS COVERING DENVER, STATE OF COLORADO, AS APPROPRIATE. YOU ALSO THEREFORE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSES OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION, AND AGREE TO REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THIS AGREEMENT.
  6. Prevailing Party. IN ANY ARBITRATION PROCEEDING OR LITIGATION (AS APPLICABLE) BETWEEN YOU AND THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE AGREEMENTS, YOUR ACCESS TO OR USE OF THE PLATFORM, OR YOUR DEALINGS WITH THE RELEASED PARTIES, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND COSTS IN SUCH ARBITRATION OR LITIGATION (AS APPLICABLE) FROM THE OTHER PARTY.
  7. ADDITIONAL TERMS
    1. Governing Law. These Terms will be governed by the laws of Colorado without giving effect to any principles of conflicts of laws.
    2. Electronic Communications. The communications between you and Towlos use electronic means, whether you access or use our Platform or send us emails, or whether we post notices on our Platform or communicate with you via email. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, without limitation, the Rules, satisfy any legal requirement that such communications would satisfy if they were a hardcopy writing. The foregoing does not affect your non-waivable rights.
    3. Severability. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Terms shall continue in effect.
    4. Waivers. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
    5. Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    6. Assignment. We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
    7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
    8. Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
    9. Support. If you have any questions or concerns about our Platform or these Terms, please email us at contact@towlos.com
    10. Cumulative Remedies. Our rights and remedies under these Terms are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
    11. Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
    12. Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between you and Towlos or an employee/employer or agency relationship. Neither you or Towlos shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party. 
    13. Force Majeure. Towlos shall not be liable or responsible to you , nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected of our reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.