Effective Date: December 12, 2019
Intellectual Property Rights
Unless otherwise stated, the contents of our Applications including, but not limited to, the text, images and video contained therein, and their arrangement are the property of Agero. All trademarks, logos and service marks used or referred to in our Applications (collectively, “Trademarks”) are the property of their respective owners.
The Applications and the content provided in the Applications, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Agero, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Application. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from this Application with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Except for the limited permission in the preceding paragraph, Agero does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Application on another website or in any other media. Your use of the Trademarks displayed in the Applications, or any other content on the Applications, except as provided in these Terms of Service, is strictly prohibited. You are also advised that Agero will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Use of the Applications
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, Agero believes that users should decide what information to transmit and what content to provide, and Agero does not generally make editorial determinations about your transmissions or any content you provide. However, Agero reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers (including its Internet access providers). Agero will fully cooperate with any law enforcement authorities or court order requesting or directing Agero to disclose the identity of anyone posting any such information or content.
Use by U.S. Government
The Applications and all materials, software and applications on the Applications are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Applications and all materials, software and applications on the Applications by the U.S. Government constitutes acknowledgment of Agero’s proprietary rights in them.
Linking to the Applications
All links to the Applications must be approved in writing by Agero, except that Agero consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Agero; (c) imply that Agero approves or endorses you, your website, or your service or product offerings; or (d) present false or misleading impressions about or otherwise damage the goodwill associated with the Agero name or Trademarks. As a further condition to being permitted to link to this website, you agree that Agero may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Agero Trademark.
Links and External Websites
The Applications may contain links to and from other websites. Agero makes no representations whatsoever about any other website that you may have accessed from our Applications. Agero is not responsible for the privacy practices, content or availability of those websites and Agero denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
SMS Texting Terms and Conditions
Agero offers roadside and towing programs through which consumers may elect to receive text messages directly tied to the requested roadside or towing transaction. By electing to receive these text messages, Agero may respond with one or more text messages that directly relate to the roadside and towing service event, as well as with follow-up surveys related to the performance of the requested roadside or towing service. The content of the text messages will be directly tied to the requested roadside or towing transaction. You will not be enrolled in a “mailing list”. Message frequency varies. Agero may also offer a one-time text message program, through which you may elect to receive a one-time text message to assist with our ability to locate you in connection with your request for a roadside or towing event. Through the one-time text message program, you will not be enrolled in any recurring text message program or included on a text message “mailing list”. Agero may use an automatic dialing system to deliver the text messages to you. By your election to enroll in either, or both, the one-time text message program or the program for multiple text messages in connection with your service event, you give your consent to Agero to use an automatic dialing system to deliver text messages and automated calls to the telephone or cell phone number to which you have directed Agero to transmit these text messages. Use of SMS text messaging is not required as a condition of any purchase from Agero. Agero does not charge a separate fee for using the SMS service that is provided in connection with the roadside and/or towing service; however, message and data rates may apply from your mobile carrier. You agree to be fully responsible for all such charges, fees and amounts. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. Participation in the programs on this short code is standard rated (no premium content). Agero will use reasonable efforts to deliver the automated text messages to the number you provide through compatible wireless carriers. Carriers and Agero are not liable for delayed or undelivered messages. The short code we use for some text messages may not be supported on all carriers. Agero reserves the right to alter or terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. To stop receiving text messages, text STOP in a reply to the last text message received. By agreeing to receive the SMS service, you consent that following such a request to unsubscribe, you will receive one (1) final message from Agero confirming that you have unsubscribed to our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your enrollment in the service. Your consent to future text messages through the service will be deemed to govern over an earlier action to unsubscribe.
Disclaimer of Warranties; Limitation on Liability
USE OF THE APPLICATIONS IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATIONS AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AGERO HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATIONS AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THE APPLICATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGERO OR AN AGERO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, AGERO MAKES NO WARRANTY OR GUARANTEE THAT THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGERO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE APPLICATIONS OR ANY USE OF THE APPLICATIONS, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE APPLICATIONS, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF AGERO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. In no event shall Agero’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Changes to these Terms of Service
Please note that we will periodically make changes to these Terms of Service and we reserve the right to change these Terms of Service at any time. We will alert you that changes have been made by indicating at the top of these Terms of Service the date it was last updated. It is your responsibility to review these Terms of Service frequently and remain informed about any changes to it, so we encourage you to visit this page often. These Terms of Service take precedence over any previous terms of service that we have issued related to our Applications and your continued use of our Applications constitutes your acceptance of any amendments to and the most recent version of these Terms of Service. Agero may also make improvements or changes in the products, services, or programs described in our Applications at any time without notice.
Term and Termination
You may terminate your access to our Applications at any time. Your failure to comply with these Terms of Service, or any other terms, conditions or notices included in the Applications will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. The terms regarding limits on liability, and voluntary submissions shall survive the termination of these Terms of Service and shall remain in effect indefinitely.
These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction and venue of any action with respect to the subject matter of this website or these Terms of Service shall be in the state courts of the Commonwealth of Massachusetts. No amendment to or modification of these Terms of Service will be binding unless in writing and signed by Agero. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Application. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.
Questions or Comments
Should you have any questions or comments relating to these Terms of Service, please contact us at Agero, PO BOX 9105, Medford, MA 02155, Attention: Legal/Consumer Privacy Inquiries Mailbox; or by email at email@example.com.
Cross Country Motor Club, Inc., Cross Country Motor Club of California, Inc. and SwoopMe, Inc. are subsidiaries of Agero, Inc.
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