Terms of Use

These Terms of Use ("Terms") govern access to and use of the website, web application, property-management portal, electronic agreement system, service-request features, and related online services (collectively, the "Platform") operated by Emergency Towing and Recovery Inc. ("Emergency Towing," "Company," "we," "us," or "our").

By accessing or using the Platform, you agree to these Terms.

The Platform is provided to facilitate certain services and communications involving Emergency Towing, including:

• Requests from properties interested in towing or parking-enforcement services;
• Review and execution of towing service agreements;
• Management of authorized property representatives;
• Requests for removal of vehicles from serviced private properties;
• Documentation of towing requests and parking violations;
• Viewing property-related towing or service information;
• Communication between Emergency Towing and authorized property representatives; and
• Other towing, storage, parking-enforcement, or property-management functions made available by Emergency Towing.

Use of the Platform does not independently create a towing service relationship unless Emergency Towing has accepted the property for service and any required agreement has been properly executed.

The property-management portal is not an unrestricted public registration system.

Users may access restricted features only when Emergency Towing has created, approved, invited, or otherwise authorized the account.

Emergency Towing reserves the right to approve, deny, suspend, restrict, or terminate access to the Platform when reasonably necessary for security, legal compliance, account administration, or protection of Emergency Towing, a property, vehicle owner, or third party.

By accessing a property account or acting on behalf of a property, you represent and warrant that:

1. You are authorized to act for the applicable property owner, property manager, condominium association, homeowners' association, lessee, management company, or other legally authorized party;
2. The information you provide regarding your authority is accurate;
3. You will use the account only for properties for which you are authorized;
4. You will not access information concerning another property without authorization; and
5. You will promptly notify Emergency Towing if your authority to represent the property changes or terminates.

Emergency Towing may require additional verification of a user's authority at any time.

Submitting a request to become a customer does not create a towing service agreement.

A property may request towing, parking enforcement, or related services through the Platform. Emergency Towing may review, accept, reject, or request additional information concerning any prospective property.

Except where otherwise permitted by applicable law, property-based towing services will not begin until Emergency Towing has approved the property and the applicable towing service agreement has been properly executed.

The executed towing service agreement governs the towing relationship between Emergency Towing and the property.

If these Terms conflict with a properly executed towing service agreement regarding towing services for a particular property, the towing service agreement controls with respect to that property and those services, except where applicable law requires otherwise.

A user submitting a request to remove a vehicle represents and warrants that:

• The user is authorized to request towing for the property;
• The property identified in the request is covered by an applicable agreement or otherwise eligible for service;
• The information submitted is accurate to the user's knowledge;
• The user has a lawful and legitimate basis for requesting removal of the vehicle;
• The request complies with the property's applicable towing rules and authorization requirements; and
• The user is not requesting removal for an unlawful, fraudulent, discriminatory, retaliatory, or otherwise improper purpose.

Submission of a towing request does not guarantee that a vehicle will be removed.

Emergency Towing retains the right to decline, delay, investigate, or request additional authorization or documentation concerning a towing request when reasonably necessary.

Property representatives are responsible for ensuring that towing requests submitted through their accounts are authorized and accurate.

A user must not knowingly submit false, misleading, fraudulent, or unauthorized information concerning:

• A vehicle;
• A parking violation;
• Ownership or management of a property;
• Authority to request towing;
• The identity of an authorized agent; or
• Any circumstance offered as justification for removing a vehicle.

Nothing in these Terms authorizes a tow that is prohibited by applicable law.

All towing activity remains subject to applicable federal, state, county, and municipal requirements.

The Platform may permit agreements and other documents to be executed electronically.

By selecting an electronic acceptance, signing electronically, or otherwise completing an electronic signature process, you:

1. Consent to conducting the applicable transaction electronically;
2. Represent that you have authority to execute the document;
3. Intend your electronic signature to constitute your signature;
4. Agree that electronic records may be used to document the transaction; and
5. Agree that electronically executed documents may have the same effect as documents executed in physical form to the extent permitted by applicable law.

Users should download or retain copies of agreements and records they execute electronically.

Each account is intended for use only by the person or persons authorized by Emergency Towing.

Users are responsible for maintaining the confidentiality of usernames, passwords, authentication credentials, and account-access information.

Users must not:

• Give credentials to unauthorized persons;
• Allow an unauthorized person to submit towing requests through their account;
• Attempt to access another user's or property's account;
• Circumvent access restrictions;
• Probe or test Platform security without authorization;
• Introduce malware or malicious code;
• Interfere with operation of the Platform; or
• Use automated systems to obtain information from the Platform without written authorization.

You must promptly notify Emergency Towing if you believe an account or credential has been compromised.

Users are intended to have access only to information associated with properties and functions for which they have been authorized.

Multiple individuals may be permitted to access information relating to the same property when those individuals are authorized under the property's account, towing agreement, management relationship, or other authorization recognized by Emergency Towing.

Users acknowledge that information submitted for a property may therefore be visible to other authorized representatives associated with that property.

By submitting information, photographs, documents, towing requests, vehicle information, or other materials through the Platform, you represent that you are authorized to provide the information for the intended purpose.

You grant Emergency Towing permission to use, reproduce, store, transmit, and disclose the submitted information to the extent reasonably necessary to:

• Evaluate or perform requested services;
• Document towing authorization;
• Maintain towing and property records;
• Communicate with authorized persons;
• Investigate complaints or disputes;
• Respond to vehicle owners, lienholders, insurers, law enforcement, courts, governmental agencies, or other legally authorized persons;
• Establish or defend legal claims; and
• Comply with applicable law.

Use of information collected through the Platform is governed by the Emergency Towing Privacy Policy.

Emergency Towing does not sell personal information collected through the Platform.

A request submitted through the Platform is a request for service and does not necessarily require Emergency Towing to tow a vehicle.

Emergency Towing may determine that additional authorization, documentation, investigation, or verification is appropriate before performing a tow.

Emergency Towing may refuse a requested tow when it reasonably believes that performing the tow could violate applicable law, an applicable agreement, Company policy, or the rights of another person.

We attempt to maintain reliable access to the Platform but do not guarantee uninterrupted or error-free operation.

The Platform may occasionally be unavailable because of maintenance, upgrades, internet outages, hosting failures, security incidents, third-party service failures, or circumstances outside our reasonable control.

Users should contact Emergency Towing through an authorized alternative method when an urgent service request cannot be submitted through the Platform.

Information displayed through the Platform is provided for purposes associated with Emergency Towing's services.

The Platform does not provide legal advice to property representatives, vehicle owners, or other users.

Property representatives remain responsible for understanding the rules applicable to their property and their authority to request towing.

The Platform, including its software, design, text, graphics, logos, business processes, databases, and other proprietary content, is owned by Emergency Towing or its licensors except where otherwise indicated.

Users receive a limited, revocable, nonexclusive right to use the Platform solely for authorized purposes associated with Emergency Towing's services.

No ownership rights are transferred to users.

Emergency Towing may suspend or terminate Platform access when reasonably necessary because of:

• Termination of a property's service agreement;
• Removal of a user's authorization;
• Suspected unauthorized access;
• Fraud or misuse;
• False towing requests;
• Security concerns;
• Violation of these Terms;
• Legal or regulatory requirements; or
• Conduct that reasonably threatens Emergency Towing, another user, a property, vehicle owner, or the Platform.

Termination of Platform access does not eliminate obligations or liabilities arising before termination.

To the maximum extent permitted by law, the Platform is provided "as is" and "as available."

Emergency Towing does not warrant that the Platform will always be available, error-free, completely secure, or free from technical interruptions.

Nothing in these Terms excludes or limits any duty or liability that cannot lawfully be excluded or limited.

To the maximum extent permitted by applicable law, Emergency Towing shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from use of or inability to access the Platform.

This limitation does not apply to liability that cannot legally be waived, excluded, or limited under applicable law.

Nothing in these Terms waives any statutory rights or obligations governing towing, storage, vehicle release, property rights, or other matters regulated by applicable law.

To the extent permitted by applicable law and any applicable towing service agreement, a user who knowingly or improperly uses the Platform without authorization, submits materially false information, or requests a tow without lawful authority may be responsible for losses, damages, claims, costs, or expenses resulting from that unauthorized or improper conduct.

Nothing in this provision alters any allocation of responsibility contained in an applicable towing service agreement or imposed by law.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any dispute concerning these Terms shall be subject to applicable Florida and federal law and any enforceable venue or dispute-resolution provisions contained in the applicable towing service agreement.

Nothing contained on the Platform or in these Terms is intended to modify, avoid, supersede, or waive requirements imposed by applicable federal law, Florida law, county ordinance, municipal ordinance, regulation, or other legally binding requirement governing towing or storage services.

Emergency Towing may modify Platform procedures when necessary to maintain legal or regulatory compliance.

Emergency Towing may modify these Terms from time to time to reflect changes to the Platform, Company operations, applicable law, or business practices.

The current Terms will be posted on the Platform and identified by the applicable "Last Updated" date.

Continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

These Terms, together with the Privacy Policy and any applicable towing service agreement, constitute the applicable terms governing use of the Platform.

The towing service agreement remains a separate contract governing towing services provided to a particular property.

Questions concerning these Terms or the Platform may be directed to Emergency Towing and Recovery Inc.

Contact information is available through the Contact section of our website or web application.