Terms of Service

Welcome to 1-800 AUTO TOW ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at www.1800autotow.com (the "Website"), our mobile applications (the "App"), and all related services, features, and content (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.

1. DESCRIPTION OF SERVICES

1-800 AUTO TOW operates as a technology platform that connects users in need of roadside assistance with independent, third-party towing and roadside service providers ("Service Providers"). Our Services include, but are not limited to, facilitating requests for:

Vehicle towing to a destination of your choice
Flat tire changes and tire replacement assistance
Vehicle lockout assistance
Emergency fuel delivery
Battery boost and jump start services
Vehicle extraction (stuck vehicle assistance)
Accident recovery services

IMPORTANT NOTICE: 1-800 AUTO TOW is a dispatch platform and technology intermediary only. We do not directly provide towing or roadside assistance services. All physical services are performed by independent, third-party Service Providers who are not employees or agents of 1-800 AUTO TOW.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility

To use our Services, you must:

Be at least 18 years of age or the age of legal majority in your jurisdiction;
Have the legal capacity to enter into a binding contract;
Not be prohibited from using the Services under applicable law; and
Provide accurate, current, and complete information as required.

2.2 Account Registration

Certain features of our Services may require you to create an account. When registering, you agree to:

Provide truthful, accurate, and complete registration information;
Maintain and promptly update your account information;
Maintain the security and confidentiality of your login credentials;
Accept responsibility for all activities that occur under your account; and
Notify us immediately of any unauthorized use of your account.

3. SERVICE REQUESTS AND AUTHORIZATION

By submitting a service request through our platform, you:

Authorize 1-800 AUTO TOW to dispatch an available Service Provider on your behalf;
Represent that you are authorized to request services for the vehicle in question;
Agree to be present at the service location or designate an authorized representative;
Acknowledge that service fees disclosed during booking are estimates and final charges may vary based on actual service requirements; and
Accept responsibility for payment of all service fees to the Service Provider.

4. SMS AND ELECTRONIC COMMUNICATIONS

4.1 Consent to Communications

By providing your mobile phone number and/or email address, you expressly consent to receive communications from 1-800 AUTO TOW, including:

Service request confirmations and updates;
Driver dispatch notifications and location updates;
Estimated time of arrival (ETA) information;
Pricing and payment confirmations;
Post-service surveys and customer feedback requests; and
Promotional messages and special offers (with your additional consent).

4.2 Message and Data Rates

Standard message and data rates may apply to SMS communications based on your mobile carrier plan. You are responsible for any charges incurred.

4.3 Opt-Out

You may opt out of receiving SMS messages at any time by replying "STOP" to any message. Please note that opting out may affect our ability to provide real-time service updates.

5. PRICING AND PAYMENT

5.1 Service Fees

Service fees are determined by the Service Provider and disclosed to you during the booking process. All prices shown are estimates and may vary based on actual distance, service complexity, vehicle type, and market conditions.

5.2 Payment

Payment for services is made directly to the Service Provider. Accepted payment methods may include cash, credit cards, debit cards, or other methods accepted by the Service Provider. You agree to pay all applicable fees and charges for services rendered.

5.3 Cancellation

Cancellation policies may vary by Service Provider. If you cancel a service request after a Service Provider has been dispatched, you may be subject to cancellation fees as disclosed at the time of booking.

6. RELATIONSHIP WITH SERVICE PROVIDERS

You acknowledge and agree that:

Service Providers are independent contractors and are not employees, agents, or representatives of 1-800 AUTO TOW;
1-800 AUTO TOW does not control, direct, or supervise the manner in which Service Providers perform their services;
The quality, safety, and legality of services provided are the sole responsibility of the Service Provider;
Any contract for services is between you and the Service Provider directly; and
1-800 AUTO TOW is not responsible for the acts, omissions, errors, or negligence of any Service Provider.

7. SERVICE AVAILABILITY

While we strive to provide prompt and reliable service, you acknowledge that:

Service availability may vary based on location, time, weather conditions, and Service Provider availability;
Response times are estimates only and cannot be guaranteed;
We do not guarantee that a Service Provider will be available for every request; and
Service interruptions may occur due to technical issues, maintenance, or circumstances beyond our control.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

No Liability for Third-Party Services. 1-800 AUTO TOW shall not be liable for any damages, injuries, losses, or claims arising from services performed by Service Providers, including but not limited to property damage, personal injury, or vehicle damage.

No Indirect Damages. In no event shall 1-800 AUTO TOW be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

Service Delays. 1-800 AUTO TOW shall not be liable for any delays in service, unavailability of Service Providers, or failure to fulfill service requests.

Maximum Liability. Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the amount paid by you to 1-800 AUTO TOW, if any, during the twelve (12) months preceding the claim.

9. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, 1-800 AUTO TOW disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
Warranties regarding the quality, safety, or legality of services provided by Service Providers;
Warranties that the Services will be uninterrupted, error-free, or secure; and
Warranties regarding the accuracy or completeness of any information provided through the Services.

10. USER CONDUCT

You agree not to:

Use the Services for any unlawful purpose or in violation of any applicable laws;
Provide false, misleading, or inaccurate information;
Interfere with or disrupt the Services or servers/networks connected to the Services;
Attempt to gain unauthorized access to any part of the Services;
Use any automated means to access the Services without our express permission;
Harass, abuse, or threaten Service Providers or Company personnel; or
Engage in any conduct that restricts or inhibits others from using the Services.

11. INTELLECTUAL PROPERTY

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, trademarks, service marks, images, and software, are owned by 1-800 AUTO TOW or its licensors and are protected by intellectual property laws. The "1-800 AUTO TOW" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 1-800 AUTO TOW. You may not use these marks without our prior written permission.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 1-800 AUTO TOW, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your interactions with any Service Provider.

13. DISPUTE RESOLUTION

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to contact us first to attempt to resolve any dispute informally. You may contact us at support@1800autotow.com. We will attempt to resolve the dispute informally by contacting you via email.

13.2 Binding Arbitration

If we are unable to resolve a dispute informally within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules.

13.3 Class Action Waiver

YOU AND 1-800 AUTO TOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Collier County, Florida, and you consent to the personal jurisdiction of such courts.

15. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our Website with a new effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

16. TERMINATION

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 1-800 AUTO TOW regarding the Services and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us:

1-800 AUTO TOW
Bald Eagle Drive
Marco Island, FL 33415

Phone: 1-800-288-6869 (1-800-AUTO-TOW)
Email: support@1800autotow.com
Website: 1800autotow.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.