Terms and Conditions
Use of Our Services / Prohibited Uses
You agree and acknowledge that you are in need of a service and you are wanting to be contacted to get your needed
service provided.
You agree and acknowledge that you are not using our forms to solicit service professionals for
marketing or advertising purposes
or any other use not contemplated herein. You agree to not use our forms for
spamming, jamming, content scraping, infiltrating,
advertising, marketing, fraud, or hacking. If you do so we
reserve the right to seek remedies for damages including but not limited
to legal fees, repairs, and lost revenue.
You agree and acknowledge that when you check boxes for additional services you expect to
be contacted in regards to
those services as well.
Information Provided To Us By You / TCPA Consent
When filling out our forms to request one or more services you will be prompted to provide information about
yourself such as first and last name ,
email address, phone number, street address, zip code, comments, services,
etc. Some, if not all, of the information you provide to cheaptowing.ca
will be sent to service professionals so
they can respond to your service request. When you submit our forms or provide this information to us you
are giving
us your consent and verification of your intention that you want to be contacted by us or/and service professionals
and contractors who
provide services via phone, text, fax, email, SMS messaging, or other means, at any of the
contact numbers or addresses, even if you have previously
or currently are listed on any federal Do Not Call List or
other state, federal, city, county, or provincial list. This includes solicitations, notifications, appointments,
scheduling, and follow ups for other purposes reasonably related to your service request including marketing related
emails. You are also authorizing cheaptowing.ca
and our partners to send you prerecorded automated calls confirming
service requests. You may receive calls from up to four service professionals per partner who can
assist with your
request to the landline or mobile phone number you provided. You understand that us and/or our partners may use
prerecorded telephone technology including
prerecorded messages that are autodialed to call you and that your
consent is not required to purchase products or services. Visit our privacy page for additional information
about
our privacy practices and policies. You acknowledge and agree that by completing one or more service requests by
submitting our forms or contacting us that you are
entering into a business relationship with us and/or our partners
and thus you are agreeing to be contacted by us and/or our partners. You agree and acknowledge that inputting
false
information such as name, phone number, email address, address, and other info is a serious and fraudulent matter
that could lead to damages and significant costs including
invasion of privacy rights to us, our partners,
consumers, and other innocent parties. These damages could include but aren't limited to loss of revenue, legal
fees, loss of time and
effort, penalties, and other losses. In you intentionally or knowingly input false
information into our forms including but not limited to the use of someone else's name, email address,
physical
address, or phone number, or if you make up a random or fake name, email address, physical address, or phone number
you agree to indemnify us and our partners and be liable
to us and each of our service partners for a minimum amount
of $10,000 and even more if further damages and losses occur such as legal fees and damages including direct,
indirect, punitive
and consequential damages, judicial fines, attorney expenses, regulatory fines, and any other
penalties associated and arising from the intentional, harmful, and misleading fraudulent activity.
Articles and Content
Our content may offer advice from time to time and you acknowledge and agree that our suggestions or advice does not
substitute for the knowledge and advice from
a service professional. We are not liable for any decision you make
that you later regret or if you spend more money than you previously expected because you followed
suggestions or
advice.
Disputes Between You and Service Professionals
We do not guarantee the work of any service professional and any disputes that arise between
you and a service
professional are between you and the service professional, not us. We have no obligation to you in regards to your
relationship between you and your service
professional or the quality of work performed by the service professional,
or any damages caused to you or your property by the service professional(s).
Indemnification
You agree to indemnify us, our employees, our partners, our officers, our agents, and our owners, and hold each of
us harmless from any and all demands or claims including
legal expenses and attorney fees made by any third party
because of or arising from the use of any of our services or partner services in connection with any of our
websites,
with regard to any disputes between you and service professionals or contractors, or your violation of any
of these terms and conditions, or any claims arising from your
violations of any rights of any third party.
Arbitration and Governing Law
Any dispute between you and us or our websites must be resolved exclusively by binding arbitration through the
American Arbitration Association or in small claims court
in a competent jurisdiction. However, whether you choose
arbitration or small claims court, you may not commence any type of class action, class arbitration or other
representative actions or proceedings against us.
SMS Messaging
By filling in our form and submitting your information to us and our partners you acknowledge and agree that our
partner service professionals may send you
informational text messages, SMS messages as part of their normal
business practices. You may choose to opt out from receiving these SMS messages at any time by texting
STOP from the
mobile device that is receiving the messages.
Call Recording
You agree and acknowledge that us and our partners may monitor and/or record any phone calls you make using the
phone numbers listed on our websites.
Service Professional Pre-Screening Disclaimers and Procedures
We make no guarantees of the quality of the service professionals who may contact you.
Our partners have their own
requirements and may prescreen service professionals as they deem appropriate. Although most service professionals
are completely
legitimate, licensed, and certified in their trade, there is a chance that certain professionals
could slip through the cracks, not have proper business licenses and filings,
criminal background records searches,
sex offender searches, identity verification such as social security numbers, legal searches for civil judgments,
etc. Many of
our partners pre-screen for some or all of these things but that screening is typically done at the
beginning of verifying the service professional and doesn't
take into account anything that may have occurred
negatively for that service professional after the initial screening procedures. Furthermore, for service
professionals using Corporate Accounts such as employees, franchisees, dealers, and independent contractors those
screening methods can be different or non
existent, meaning no screening at all.
General Provisions
You agree and acknowledge that our services offered are provided to you on an "as is" basis with no warranties or
guarantees whatsoever, and your exclusive
and sole remedy for dissatisfaction of the services we offer or provide is
to discontinue using our services. Except as expressly set forth herein we expressly
disclaim any implied warranties
or guarantees or any kind and you agree that we shall have no liability for direct, incidental, indirect, special,
consequential,
or incidental damages, including but not limited to lost profits, punitive damages, exemplary
damages, or other damages, even if we have been advised of the
possibility of such damages, arising out of arising
out of this agreement or any other consequences which could flow from it. If any of the provisions of terms and
conditions within this agreement shall become deemed unlawful, unenforceable, or void by a court of competent
jurisdiction then that provision shall be modified
to the extent to make it enforceable while maintaining the spirit
of the provision. If modification is an impossibility then that provision will be stricken but all
remaining
provisions will be enforceable and valid. You agree that any claim or call to action resulting from the use of our
services offered, regardless of any law or statute
to the contrary, must be filed within (1) one year the cause of
action or claim arose, or it must forever be barred. The titles of the sections in our Terms of Service
have no
legal or contractual effect and have been provided only for your convenience.