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Terms and Conditions
1. GENERAL
'TowSystem' provides Internet Subscription services to users on the following Terms and Conditions for the 'TowSystem Accounts' Subscriber Services.
Amendments to terms and conditions will occur regularly. Look for any amendments by going to the link called 'Terms & Conditions' at the TowSystem homepage (www.TowSystem.com). If there are changes to charges then they will be effective at least 14 days from posting to this same page.
Use of the service after that date constitutes acceptance of the amended Terms and Conditions. These Terms and Conditions supersede prior agreements.
These terms and conditions are governed by the laws of the United States, and both parties submit to the non-exclusive jurisdiction of the courts of this country.
2. DEFINITIONS
"Access Authority" means the Subscriber and/or individuals who the Subscriber prescribes levels of access to 'TowSystem Accounts' Online Account and where the Subscriber has made available to those individuals the "Email Address”, “Sign-in ID", "Password" and "Organization" to allow them access for data entry, viewing data or obtaining reports
"Online Services" means the 'TowSystem Accounts' Online Services accessed by Registration as a User and by signing on for use using Access Authority.
"Password" means a confidential alphanumeric which when used with other Access Authority information, gives access to Online Services.
User Means:
1. if you are the account owner, the person you nominate (if you choose to
do so), from time to time, as part of the Registration process, to use the internet services available through the website, if you are not the account owner, but have been authorized to operate accounts under an Access Authority then you are the User "We, us or our" means 'TowSystem Accounts' as a service of 'TowSystem'.
2. "You and your" means the Subscriber to 'TowSystem's' Online Services
and includes a User when applicable.
3. INTERNET ONLINE SERVICES
3.1 How to Set Up
To Use 'TowSystem Accounts' Internet Online Services
You must provide all equipment necessary to make a connection to the World Wide Web and pay any service fees to providers for access. After gaining access to the World Wide Web, you must obtain access to and pay for the use of 'TowSystem Accounts' Online Services. This is accomplished by registering as a 'TowSystem Accounts' subscriber.
3.2 Your Obligation to Pay Fees For Online Services and Consulting Services
You agree to pay all Online Services Subscription Fees 'TowSystem Accounts'
charges you for the Online Services when you register. You also agree to pay all Consulting Service Fees for staff services requested by you and provided by our staff.
You agree to pay all city and state taxes applicable to your access, use or receipt of the Service.
If 'TowSystem' is required to collect overdue fees from you, you agree to pay all costs (including solicitor's fees), if any, incurred by 'TowSystem' in collecting those overdue fees from you, and to pay a late charge on any overdue fees at the rate decided by 'TowSystem'.
3.3 How to Register to Use Your 'TowSystem Accounts' Online Services
You may register by using the 'TowSystem' account on the website. The Registration asks you agree to provide correct information about yourself or company, and to maintain and update such information to keep it accurate and complete.
TowSystem will designate usernames to have Access Authority and you may provide and assign access and passwords to such users.
TowSystem may suspend or terminate your account and refuse use of the Online Service if you provide any information that is not true, inaccurate, not current or incomplete, or if TowSystem has reasonable grounds to believe that such information is not true, inaccurate, not current or incomplete.
3.4 Information Confidentiality
After the Registration process, you will be provided a default password which you can change. You will be responsible for maintaining confidentiality of any password and other access information used by yourself and your authorized users who have Access Authority.
You acknowledge that the Internet is an open system and TowSystem cannot and does not warrant or guarantee that third parties cannot intercept your information.
3.5 Communications Between You and TowSystem
TowSystem reserves the right to contact Subscribers by email, fax, post or telephone to communicate important information regarding the use of the Service.
Information related to other TowSystem or site content matters, not covered by an existing agreement for Services, will only be communicated if the Subscriber agrees to receive that information.
3.6 License
Your Non-Transferable License TowSystem grants you a non-transferable, non-exclusive and terminable right license to use the Subscription Services under these Terms and Conditions.
Title and ownership of the Subscription Services remain with TowSystem. You agree not to copy, or allow a third party to copy, modify, create a derivative work, reverse engineer or reverse assemble, disassemble, or decompile the Software, or any other action to allow its whole or partial re-use by the Subscriber or others.
Title and ownership of the data entered by the Subscriber, or those with Authorized Access to the Subscribers database, remains with the Subscriber. You are licensed for the number of users specified in the subscription plan to which you are a subscriber.In the event of an upgrade, the License hereby granted shall automatically transfer to the new version. All rights in respect of the original version shall lapse and no further use of same shall be permitted. The License in this agreement is effective until suspended or terminated by ceasing subscription payments. Payment terms for your subscription are in advance of the next Subscription period. In the event you choose to end your subscription service but you would like to keep your data, TowSystem can provide CSV file(s), or equivalent, at extra an extra cost. You agree to use your best endeavors to ensure the safeguard of your Password(s) for your organization in order to ensure there is no unauthorized access to, copying of, or collection of information from you data file.
3.7 How to Terminate Your Service
You may terminate the Online Service by giving us written notice. Monthly payment Subscribers must provide one (1) month notice. Subscribers who pay a one year Subscription in advance may not terminate part way through the year, those Subscribers terminate the service by not renewing for a following year.
3.8 TowSystem General Practices Regarding Use of the Service
TowSystem may establish general practices and limitations that apply to the use of the Service. You acknowledge that TowSystem reserves the right to change these general practices and limits at any time, at its discretion. You also acknowledge that TowSystem reserves the right to disable accounts that are inactive for an extended period of time.
4. GENERAL
4.1 Website Disclaimer
You assume all risks concerning the suitability and accuracy of the information within the web site and publications. The web site (and pages) and publications may contain technical inaccuracies or errors. TowSystem bears no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the web site and publications and in any other referenced or linked documents. TowSystem will, from time to time, alter information in the web site which contains pricing, market information, and/or product specifications, and these product offerings may not be relevant to, or available in, your country.
4.2 Links to Other Websites and TowSystem Website General Information
The website contains links to other third-party sites which are not under the control or responsibility of TowSystem. TowSystem is not responsible for the content on any linked web sites. If you access a third-party site from this website, then you do so at your own risk(s). TowSystem is only providing these links for a convenience to users. The inclusion of any link does not imply that TowSystem is endorsing or is accepting any responsibility for the content on those third-party sites.
4.3 Liability
Use of TowSystem Online Services shall be at the Subscriber's own risk.
TowSystem is not responsible for any adverse consequences arising out of the use of the Services. You agree to indemnify, defend, and hold harmless TowSystem from and against any and all claims, proceedings, damages, liability and costs (including reasonable solicitors fees) incurred by TowSystem as a result of any claim arising from your violation of the Terms and Conditions, State or Country laws or regulations, or any third party's rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights. These obligations survive termination of the Service.
TowSystem will not accept liability for failures in providing Services which are outside normal usage or which occur due to force majeure, matters outside TowSystem's control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.
4.4 Disclaimer of Warranties
The TowSystem Online Services (including all content, software, functions, and operational hosting services) are provided "as is", without warranty of any kind. TowSystem expressly disclaims all warranties of any kind, whether express or implied, including without limitation, title, security, accuracy, uninterrupted timely and error free service, errors in software will be corrected, service will meet user requirements, damages or injury caused by any failure of performance, computer virus, communication failure and unauthorized access.
4.5 TowSystem Proprietary and Confidential Information
You acknowledge and agree that the TowSystem Online Services contain proprietary and confidential information that is protected by intellectual property and other laws. You agree not to loan, modify, lease, sell distribute or create derivative works based on the Service.
4.6 TowSystem Trademarks
You agree not to use or display TowSystem trademarks, logos, product and services names without TowSystem's written approval.
4.7 Transferability
You may not assign, sell distribute, lease, rent, lend, sublicense, or transfer the Subscription Services or this license. Subject to the prior written consent of TowSystem.
5. SUPPORT SERVICES
5.1 Support Types
Paid Support encompasses product use support and technical support.
Technical Support - only covers assistance where technical issues arise for the product such as defects. TowSystem provide a comprehensive online Help screens. Further product use support is available from TowSystem staff at Support Service rates or under a Support contract option.
5.2 Limit of service for Paid Support
TowSystem reserves the right to limit email and telephone support calls to 30 minutes for a single support enquiry. If TowSystem deems the Support Service is being used in an unethical, abusive or fraudulent manner then TowSystem may terminate the service. Support is only available while an online service is current and paid in full.
TowSystem support does not provide any advice on towing practices or towing management issues. Assistance in how to use the TowSystem online service should not be understood to be towing practices or towing management advice but rather as general educational information that may or may not meet your specific requirements. The TowSystem Support Service is for basic usability and functionality inquiries. Internet, network, hardware, software inquiries relating to third party providers cannot be resolved by TowSystem. Our Support Consultants will deem if the inquiry falls within the nature of the TowSystem Support Service.
Support consultants availability and response times may be affected by call or email volumes, server maintenance and upgrades relating to new releases.
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