Terms of Use

1. ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS-ACTION RIGHTS (SECTION 26).

BY ACCESSING, DOWNLOADING, INSTALLING, REGISTERING FOR, OR OTHERWISE USING ANY OF THE SITES AND SERVICES — INCLUDING BY PLACING A CALL TO ANY RRN-OPERATED PHONE NUMBER, RESPONDING TO ANY RRN-OPERATED SMS MESSAGE, OR ACCEPTING DISPATCH OF A SERVICE REQUEST — YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITES AND SERVICES.

If you are accessing the Sites and Services on behalf of a business, fleet, government agency, or other entity, you represent that you have authority to bind that entity to these Terms, and the words “you” and “your” refer to that entity.

2. MODIFICATIONS

Road Rescue Network may modify these Terms at any time in our sole discretion, effective upon posting the modified version to the Sites and Services, with or without additional notice. You are responsible for reviewing these Terms regularly. Your continued access or use of the Sites and Services after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately cease using the Sites and Services.

3. LICENSE; USE OF THE SITES AND SERVICES

Subject to your continued compliance with these Terms, Road Rescue Network grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use the Sites and Services solely for your personal use as a Customer, or for your authorized business use as a Rescuer or other commercial subscriber, in each case strictly as expressly permitted by these Terms.

You shall not access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, scrape, harvest, index, mirror, frame, decompile, reverse-engineer, or otherwise exploit the Sites and Services or any of their content for any purpose, commercial or non-commercial, except as expressly permitted in writing by Road Rescue Network.

Road Rescue Network may modify, update, suspend, or discontinue any portion of the Sites and Services in our sole discretion at any time, with or without notice, and shall not be liable to you or any third party for any such action.

4. ELIGIBILITY; ACCOUNTS

You must be at least eighteen (18) years of age and capable of forming a legally binding contract to use the Sites and Services. By using the Sites and Services, you represent that you meet these requirements.

Certain portions of the Sites and Services require account registration. As a condition of registration, you agree to:

• (a) provide true, accurate, current, and complete information;
• (b) maintain and promptly update such information;
• (c) maintain the confidentiality of your login credentials;
• (d) accept full responsibility for all activity that occurs under your account, including any activity by AI agents, employees, contractors, or automation acting on your behalf;
• (e) notify Road Rescue Network immediately of any unauthorized use of your account.
• You may not share, sell, transfer, or sublicense your account credentials. Creating multiple accounts to circumvent these Terms, evade enforcement, or manipulate the platform is prohibited and grounds for immediate termination.

5. RESCUER TERMS & INDEPENDENT CONTRACTOR STATUS

5.1 Independent Contractor Relationship. Each Rescuer is an independent contractor, not an employee, agent, or representative of Road Rescue Network. Road Rescue Network does not control, direct, supervise, or manage Rescuer conduct, equipment, pricing, work schedule, or service delivery methods. Rescuer operates their own business and assumes all responsibility for licensing, insurance, equipment maintenance, and legal compliance.

5.2 Platform, Not Service Provider. Road Rescue Network is a technology platform that matches customers with independent Rescuers. Road Rescue Network does not provide roadside assistance services. Road Rescue Network does not perform towing, mechanical work, or any direct service to customers. Road Rescue Network’s sole function is to facilitate the connection between customer and Rescuer via dispatch matching and payment processing.

5.3 Rescuer Pricing & Dispatch Fee. Road Rescue Network does not set, control, or mandate Rescuer service rates. Each Rescuer independently determines their hourly or per-job service rate, which the customer pays directly to the Rescuer. Road Rescue Network charges a dispatch fee per completed job connection, not to exceed $210. The dispatch fee is payable by the customer at time of booking and is non-refundable regardless of service outcome. Rescuer rates and Road Rescue Network dispatch fees are separate and cumulative.

5.3.1 Dispatch Fee Non-Refundable. The Road Rescue Network dispatch fee is non-refundable once a Rescuer has been dispatched or has begun service. If Road Rescue Network cancels a dispatch prior to Rescuer arrival due to customer request, Road Rescue Network may, at its sole discretion, issue a refund not to exceed fifty percent (50%) of the dispatch fee charged. No refunds are guaranteed.

5.4 No Service Guarantees. Road Rescue Network makes no guarantee that any Rescuer will accept dispatch, arrive on time, complete service, or successfully resolve customer issues. Road Rescue Network’s sole obligation is to attempt automated dispatch to available Rescuers matching customer location and service type. If no Rescuer is available, that is not a breach of this agreement. Dispatch is attempted on a best-efforts, fully automated basis only. No human Road Rescue Network employee monitors individual dispatch attempts.

5.5 Account Termination & Removal. Road Rescue Network reserves the right to deactivate, suspend, or permanently remove any Rescuer or Customer account from the platform at any time, for any reason or no reason, without notice, without cause, and without recourse or liability to the removed party. Removal is final. No refunds, no appeals, no explanation required. Road Rescue Network’s termination decision is absolute and binding.

5.6 Rescuer Qualifications & Insurance Responsibility. Road Rescue Network does not verify, certify, license, inspect, or insure any Rescuer. Each Rescuer is solely responsible for: (a) maintaining valid DOT Commercial Driver License or equivalent; (b) maintaining valid commercial general liability insurance with minimum $1,000,000 per-occurrence coverage; (c) maintaining valid commercial vehicle registration and equipment licenses; (d) legal authority to perform roadside services in their jurisdiction. Rescuer insurance shall be primary coverage for any claims. Rescuer failure to maintain required insurance constitutes grounds for immediate account deactivation and permanent platform ban.

5.7 No Quality Control or Performance Monitoring. Road Rescue Network does not rate, review, quality-check, or monitor Rescuer performance post-service. Road Rescue Network does not enforce service standards, response times, or work quality. Customer satisfaction or complaints do not obligate Road Rescue Network to take corrective action against Rescuer.

5.8 Customer Acknowledgment of Rescuer Independence. By accepting a Rescuer match, Customer acknowledges that: (a) Road Rescue Network has not vetted or qualified this Rescuer; (b) Rescuer operates independently and may refuse service; (c) Customer accepts full responsibility for verifying Rescuer credentials before service begins; (d) Customer assumes all risk related to Rescuer conduct, equipment, and service quality.

6. AI VOICE AGENTS, CALL RECORDING, AND ELECTRONIC COMMUNICATIONS

ROAD RESCUE NETWORK OPERATES AUTOMATED ARTIFICIAL-INTELLIGENCE VOICE AGENTS, SMS AGENTS, AND CHAT AGENTS (collectively, “AI Agents”) that may answer, place, route, transcribe, summarize, log, or otherwise process telephone calls, text messages, and chat communications in connection with the Sites and Services.

By calling any Road Rescue Network-operated telephone number, by texting or being texted by any Road Rescue Network-operated number, by chatting with any Road Rescue Network-operated agent, or by otherwise initiating or accepting communication through the Sites and Services, YOU EXPRESSLY CONSENT TO:

• (a) communicating with an AI Agent rather than a human;
• (b) the recording, storage, transcription, analysis, and retention of all such communications by Road Rescue Network and its service providers, for any lawful business purpose including but not limited to dispatch operations, quality assurance, training of AI models, dispute resolution, and legal compliance;
• (c) the use of artificial intelligence and machine learning to interpret, respond to, and act upon your communications;
• (d) the sharing of relevant portions of such communications with Rescuers, payment processors, insurance carriers, fleet operators, law enforcement, and other third parties as necessary to fulfill the requested service.
• You acknowledge that Road Rescue Network’s call recording practices are intended to comply with applicable two-party and one-party consent laws, and that BY CONTINUING THE CALL AFTER THE INITIAL RECORDING NOTICE OR BY REMAINING ON A CALL YOU REASONABLY KNOW TO BE WITH ROAD RESCUE NETWORK, YOU AFFIRMATIVELY CONSENT TO RECORDING.
• By providing your mobile telephone number to Road Rescue Network, you expressly consent under the Telephone Consumer Protection Act (“TCPA”) and any equivalent state law to receive AUTOMATED CALLS AND TEXT MESSAGES (SMS/MMS) FROM ROAD RESCUE NETWORK OR ITS AI AGENTS at that number, including dispatch updates, ETAs, payment requests, marketing messages, subscription communications, and other operational messages. Consent is not a condition of purchase. Standard message and data rates may apply. You may opt out of marketing texts at any time by replying STOP, but operational and transactional messages necessary to fulfill an active service request may continue until that request is closed.

7. PROHIBITED CONDUCT

In addition to the prohibitions elsewhere in these Terms, you agree not to, and not to authorize, assist, or permit any third party to:

• 1. violate any applicable federal, state, local, or international law, regulation, or court order;
• 2. use the Sites and Services in any manner that infringes, misappropriates, or violates any third party’s rights, including intellectual property, privacy, publicity, or contractual rights;
• 3. use the Sites and Services for any commercial purpose other than the lawful provision or receipt of roadside services through Road Rescue Network, or any political, religious, or non-personal purpose not expressly authorized in writing by Road Rescue Network;
• 4. submit, transmit, or otherwise distribute any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other solicitation through the Sites and Services;
• 5. post repetitive, irrelevant, or duplicate content, or impose an unreasonable or disproportionately large load on Road Rescue Network infrastructure;
• 6. harass, threaten, intimidate, defame, stalk, or impersonate any person or entity, including but not limited to Road Rescue Network, Road Rescue Network employees, AI Agents, Customers, or Rescuers;
• 7. knowingly provide false, misleading, fraudulent, or incomplete information;
• 8. interfere with or attempt to interfere with the proper operation of the Sites and Services, the AI Agents, the dispatch logic, the directory, or any other Road Rescue Network functionality;
• 9. attempt to gain unauthorized access to the Sites and Services, other user accounts, Road Rescue Network servers, Road Rescue Network databases, Road Rescue Network APIs, or any computer system or network connected to Road Rescue Network;
• 10. submit reviews, ratings, or testimonials that are false, paid-for, written by anyone with an undisclosed financial interest in the subject, or otherwise deceptive;
• 11. impersonate or misrepresent your affiliation with any person or entity, including misrepresenting that you are a Rescuer, Road Rescue Network employee, Road Rescue Network AI Agent, or Road Rescue Network affiliate;
• 12. transmit any malicious code, including viruses, Trojan horses, worms, time bombs, spiders, ransomware, keyloggers, or other harmful or surveillance code;
• 13. probe, scan, stress-test, or otherwise test the vulnerability of the Sites and Services or any associated network, or breach any security or authentication measure;
• 14. reverse-look-up, trace, or seek to identify any user, Rescuer, or Road Rescue Network employee for any purpose other than as expressly authorized;
• 15. use the Sites and Services to compete with Road Rescue Network, train any artificial intelligence or machine-learning model, build any directory, or build any product or service that uses information derived from the Sites and Services, in each case without Road Rescue Network’s prior written consent.

8. ANTI-SCRAPING; DIRECTORY PROTECTION

You acknowledge that the Road Rescue Network directory of Rescuers, including the compilation of Rescuer names, service areas, service categories, contact information, ratings, reviews, photographs, business hours, pricing, availability, and other associated data (the “Directory”), represents substantial investment by Road Rescue Network, constitutes a valuable proprietary database, and is protected as a collective work, compilation, and trade secret to the fullest extent permitted by law.

You shall not, and shall not authorize any third party or any automated agent (including any AI system, large language model, scraper, crawler, bot, spider, deep-link, or other automated means) to:

• (a) access, copy, harvest, mirror, index, scrape, or otherwise extract the Directory or any portion of it, in bulk or otherwise, except as expressly permitted by these Terms;
• (b) circumvent any rate limiting, robots.txt directive, CAPTCHA, IP blocking, geofencing, or other technical access control employed by Road Rescue Network;
• (c) aggregate, republish, redistribute, license, sell, or otherwise exploit the Directory or any portion of it;
• (d) use the Directory or any portion of it to construct, populate, train, validate, augment, or improve any competing directory, dispatch platform, AI model, machine-learning system, or any other product or service;
• (e) use any portion of the Directory to contact Rescuers for any commercial purpose other than to engage that Rescuer for a single roadside service request through Road Rescue Network.
• VIOLATIONS OF THIS SECTION 8 ARE SUBJECT TO THE LIQUIDATED DAMAGES SET FORTH IN SECTION 24 AND TO IMMEDIATE INJUNCTIVE RELIEF.

9. LIABILITY EXCLUSIONS & ASSUMPTION OF RISK

9.1 Equipment Damage Exclusion. Road Rescue Network assumes no liability for damage to customer vehicles, cargo, personal property, or Rescuer equipment during dispatch or service delivery, regardless of cause. This includes but is not limited to: tow truck damage, improper vehicle handling, mechanical failure, weather damage, traffic incidents, or negligence by Rescuer. Customer’s sole remedy is direct action against the Rescuer and/or their insurance carrier.

9.2 Bodily Injury & Death Exclusion. Road Rescue Network assumes no liability for bodily injury, death, or psychological harm to any person arising from use of Road Rescue Network services, including but not limited to: delays in service arrival, exposure to traffic or weather conditions, medical emergencies, accidents, or actions/inactions of Rescuers. Customer and all passengers assume all risk of personal safety when stranded on a roadway.

9.3 Emergency Services Disclaimer. Road Rescue Network is not an emergency service. Road Rescue Network does not dispatch police, fire, or medical responders. For life-threatening emergencies, call 911 directly. Do not rely on Road Rescue Network dispatch as your exclusive emergency contact. Delays in Road Rescue Network dispatch or Rescuer arrival may occur. Road Rescue Network is not liable for harm resulting from delays in service or failure to reach customer.

9.4 Service Interruption & Force Majeure. Road Rescue Network is not liable for service interruptions, dispatch delays, communication failures, or inability to dispatch caused by: (a) AWS infrastructure failures; (b) VAPI platform failures; (c) Twilio outages; (d) internet outages; (e) third-party technology provider failures; (f) natural disasters; (g) government action. These are force majeure events beyond Road Rescue Network’s control. Customer’s sole remedy is service credits capped at one month of subscription fees.

9.5 Assumption of Risk & Release. By using Road Rescue Network services, Customer assumes all risks of personal injury and property damage associated with roadside assistance services. Customer releases Road Rescue Network and all officers, agents, employees, and Rescuers from all claims, demands, and causes of action arising from use of Road Rescue Network services, including negligence or breach of contract by Rescuer.

10. USER-SUBMITTED CONTENT

As a condition of submitting any reviews, ratings, photographs, audio recordings, videos, written communications, comments, or any other material to the Sites and Services (collectively, “User Content”), you agree that:

• 1. you grant Road Rescue Network a perpetual, irrevocable, worldwide, royalty-free, fully-paid, transferable, sublicensable (through multiple tiers) license to use, reproduce, copy, adapt, modify, merge, publish, distribute, publicly display, publicly perform, translate, create derivative works from, and incorporate the User Content into any Road Rescue Network product, service, marketing, AI training corpus, or other work;
• 2. you grant Road Rescue Network the right to use your name, voice, image, likeness, and identifying information in connection with such User Content;
• 3. you irrevocably waive any moral rights you may have in the User Content to the fullest extent permitted by law;
• 4. you represent and warrant that (i) you own or have secured all rights necessary to grant the foregoing license; (ii) the User Content does not infringe, misappropriate, or violate any third-party right; (iii) each person identified or depicted in the User Content has consented to such use (and if a minor is depicted, the parent or guardian has consented);
• 5. your User Content reflects your actual first-hand experience and is accurate, honest, and not paid-for, not solicited, not retaliatory, and not posted by anyone with an undisclosed financial relationship to the subject;
• 6. you have not received any compensation, discount, or other consideration in exchange for posting the User Content other than as disclosed in the User Content itself;
• 7. you do not work for, have an ownership interest in, serve on the board of, or have any familial relationship with any Rescuer that you review;
• 8. your User Content does not contain anything infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise unlawful;
• 9. Road Rescue Network has no obligation to publish, retain, or continue to display any User Content, and may remove, edit, or withhold publication of any User Content at any time in its sole discretion.

11. PUBLICATION AND DISTRIBUTION; NO ENDORSEMENT

Road Rescue Network acts as a passive conduit and interactive computer service provider for the publication, transmission, dispatch, and distribution of User Content, Rescuer information, AI Agent communications, and information provided by Customers and Rescuers (collectively, “Platform Content”). Road Rescue Network does not guarantee the accuracy, integrity, quality, or appropriateness of any Platform Content. YOU BEAR ALL RISK ASSOCIATED WITH YOUR RELIANCE ON PLATFORM CONTENT.

Road Rescue Network does not endorse and is not responsible for the conduct, services, products, representations, or qualifications of any Rescuer. The fact that a Rescuer appears in the Directory does not constitute endorsement, certification, or vouching by Road Rescue Network. YOU ARE SOLELY RESPONSIBLE FOR VETTING ANY RESCUER BEFORE ENGAGING THEIR SERVICES, INCLUDING VERIFYING LICENSURE, INSURANCE, AND QUALIFICATIONS.

12. RESCUERS; THIRD-PARTY DEALINGS

Road Rescue Network does not employ, supervise, control, direct, or guarantee the work of any Rescuer. Any dispute, claim, refund, warranty issue, property damage, personal injury, or other matter arising out of services performed by a Rescuer is exclusively between you and the Rescuer. YOU RELEASE ROAD RESCUE NETWORK FROM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTIONS OR DEALINGS WITH ANY RESCUER.

Road Rescue Network may, in its sole discretion and as a courtesy, offer dispute mediation services, payment dispute review, or other informal assistance, but does so without obligation and without assuming any liability.

13. DISPATCH FEES; BIDDING POOL; MERCHANT-OF-RECORD

For service requests dispatched through Road Rescue Network, Road Rescue Network may charge Customers a dispatch fee, service fee, booking fee, technology fee, surcharge, or other amount in addition to the amount paid to the Rescuer. The dispatch fee structure is set forth in Section 5.3 and is subject to the non-refundable terms of Section 5.3.1. Fee structures may vary by service type, geography, time of day, demand, and subscription tier, and are subject to change at any time.

For service requests posted to the Road Rescue Network bidding pool, Rescuers may submit competing bids. By posting a request, a Customer agrees that the lowest qualifying bid (or such other bid as the Customer accepts) becomes a binding offer subject to acceptance. For bidding-pool transactions, ROAD RESCUE NETWORK ACTS AS MERCHANT OF RECORD, collects payment from the Customer, retains its commission (currently 10%, subject to change), and remits the balance to the Rescuer in accordance with Road Rescue Network’s payout schedule.

Except as expressly stated in Section 5.3.1 or as required by applicable law, all fees are non-refundable.

14. SUBSCRIPTIONS AND PAYMENTS

Certain features of the Sites and Services are offered on a subscription basis (“Subscription”). By purchasing a Subscription, you authorize Road Rescue Network and its payment processors (which may include Stripe, RoadSync, and other third-party processors) to charge your designated payment method on a recurring basis (monthly, annually, or as otherwise stated at the time of purchase) until you cancel.

SUBSCRIPTIONS AUTOMATICALLY RENEW for the same term and at the then-current pricing unless canceled before the renewal date. You may cancel at any time through your account settings or by contacting Road Rescue Network at [email protected]. Cancellation takes effect at the end of the current billing period; partial-period refunds are not provided except as required by law.

Road Rescue Network may change Subscription pricing, feature sets, and tier structures at any time, effective upon your next renewal. If you do not agree to a pricing or feature change, your sole remedy is to cancel before the next renewal.

Failed payments may result in immediate suspension or termination of access to subscription features, including AI Agent minutes, directory listings, and CRM access. You remain responsible for all amounts owed.

You agree that Road Rescue Network’s payment processors (collectively, the “Released Parties”) are not liable for any failure of Road Rescue Network to provide services, and you release the Released Parties from any such liability.

15. PRIVACY

Your use of the Sites and Services is also governed by the Road Rescue Network Privacy Policy, which is incorporated into these Terms by reference. By using the Sites and Services, you consent to the collection, use, storage, and sharing of your information as described in the Privacy Policy.

16. CUSTOMER INDEMNITY

16.1 Customer Indemnification. Customer indemnifies and holds harmless Road Rescue Network and all officers, agents, and employees from all third-party claims, lawsuits, judgments, and damages arising from: (a) Rescuer conduct, negligence, or breach of contract; (b) bodily injury or property damage caused by Rescuer; (c) traffic accidents involving Rescuer vehicle; (d) customer use of Road Rescue Network services; (e) customer’s vehicle or property condition. This indemnity applies regardless of fault and survives termination of this agreement.

17. INTELLECTUAL PROPERTY; TRADEMARKS

“Road Rescue Network,” “RRN,” and all related logos, designs, page headers, button icons, scripts, service names, taglines, and trade dress are trademarks, service marks, or trade dress of Road Rescue Network. These marks may not be used, including as part of trademarks, domain names, keyword advertisements, social media handles, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion, dilution, or association with Road Rescue Network.

All content on the Sites and Services not submitted by users — including all text, graphics, logos, icons, images, audio and video, downloads, data compilations, software, AI prompts, AI Agent personalities, dispatch logic, and the Directory — is the exclusive property of Road Rescue Network or its licensors and is protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.

18. DMCA AND COPYRIGHT INFRINGEMENT NOTICES

If you believe that content available on the Sites and Services infringes your copyright, please send a written notice to Road Rescue Network’s designated copyright agent that includes the information required by 17 U.S.C. § 512(c):

• (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed;
• (b) identification of the copyrighted work claimed to have been infringed;
• (c) identification of the material that is claimed to be infringing, with information reasonably sufficient to permit Road Rescue Network to locate it;
• (d) contact information sufficient to permit Road Rescue Network to contact you;
• (e) a statement that you have a good-faith belief that the use is not authorized;
• (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Send to: [email protected] or by mail to Road Rescue Network’s designated agent at the address in Section 28.

19. NOTICES

Road Rescue Network may give notice to you by email, regular mail, in-app notification, SMS, or by posting on the Sites and Services. You shall give notice to Road Rescue Network by email to [email protected] or by certified mail to Road Rescue Network at the address in Section 28. Notices to Road Rescue Network are effective upon verified delivery or two (2) business days after sending, whichever is earlier.

20. DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failures, outages, and other problems inherent in the use of the Internet, telephony networks, AI inference systems, and electronic communications. ROAD RESCUE NETWORK IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, MISSED DISPATCHES, UNDELIVERED MESSAGES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, including any caused by upstream providers (such as AWS, Twilio, VAPI, ElevenLabs, Stripe, Cloudflare, or other vendors).

21. USER FEEDBACK

If you submit creative ideas, suggestions, drawings, concepts, or other unsolicited materials (“Feedback”) to Road Rescue Network, the Feedback becomes the property of Road Rescue Network, is not subject to any obligation of confidentiality, and Road Rescue Network may use the Feedback for any purpose without compensation to you.

22. WARRANTY DISCLAIMER

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES, INCLUDING ALL AI AGENTS, DIRECTORY DATA, DISPATCH LOGIC, AND PLATFORM CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ROAD RESCUE NETWORK AND ITS LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, ROAD RESCUE NETWORK MAKES NO WARRANTY THAT: (a) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE AI AGENTS WILL ANSWER ACCURATELY, ROUTE CALLS CORRECTLY, OR DISPATCH SERVICES AS REQUESTED; (d) ANY RESCUER WILL ARRIVE WITHIN ANY ESTIMATED TIME OR PERFORM SERVICES TO YOUR SATISFACTION; (e) ANY RESULTS FROM THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE; (f) ANY ERRORS WILL BE CORRECTED.

NO ADVICE OR INFORMATION OBTAINED FROM ROAD RESCUE NETWORK, ITS AI AGENTS, OR THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain implied warranties; in such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.

23. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROAD RESCUE NETWORK, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO: (a) YOUR USE OF OR INABILITY TO USE THE SITES AND SERVICES; (b) ANY ACT OR OMISSION OF ANY RESCUER; (c) ANY AI AGENT BEHAVIOR OR OUTPUT; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION; (e) ANY OTHER MATTER ARISING FROM THESE TERMS OR THE SITES AND SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ROAD RESCUE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.1 Total Liability Cap. Road Rescue Network’s total aggregate liability for all claims arising from this agreement shall not exceed the greater of: (a) $100; or (b) three (3) months of subscription fees actually paid by Customer in the 12 months preceding the claim. This cap applies to all causes of action including negligence, breach of contract, and statutory violations. Some jurisdictions do not allow liability caps; in those cases, liability is capped at $100,000 per incident.

24. LIQUIDATED DAMAGES FOR BREACH

You acknowledge that the Directory, the AI Agent prompts and models, the dispatch logic, the Rescuer network, and the other proprietary information of Road Rescue Network have substantial commercial value and that the harm from certain breaches of these Terms would be difficult to calculate precisely. Accordingly, you agree that the following amounts represent a reasonable estimate of Road Rescue Network’s damages and are not penalties:

• 1. Posting prohibited Content: $2,500 per item posted in violation of Section 7 or Section 10;
• 2. Unauthorized scraping, harvesting, or republication of the Directory: $1,000 per Rescuer record accessed, scraped, copied, or republished in violation of Section 8;
• 3. Use of automated agents, scrapers, bots, or AI systems to extract data from the Sites and Services: $10,000 per automated session plus $1,000 per record retrieved;
• 4. Use of Road Rescue Network data to train, build, or improve a competing directory, AI model, or dispatch platform: $250,000 plus actual damages, plus disgorgement of all revenue derived from such use;
• 5. Impersonation of a Road Rescue Network employee, Rescuer, or AI Agent: $25,000 per incident;
• 6. Submission of false, fraudulent, or paid-for reviews: $5,000 per review;
• 7. Any other breach not enumerated above: Road Rescue Network’s actual damages, including attorneys’ fees and court costs.
• These remedies are in addition to, and not in lieu of, injunctive relief, specific performance, and any other remedies available at law or in equity. Road Rescue Network does not waive any right by electing one remedy over another.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Road Rescue Network and each of its officers, directors, employees, contractors, agents, affiliates, licensors, suppliers, and service providers from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your User Content; (c) your violation of any law or any third-party right; (d) your use or misuse of the Sites and Services; (e) any service you perform as a Rescuer; (f) any dispute between you and a Rescuer or between you and a Customer.

Road Rescue Network reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you agree to cooperate fully with Road Rescue Network’s defense.

26. BINDING ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Arbitration Agreement. You and Road Rescue Network agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Sites and Services — whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, where applicable, its Consumer Arbitration Rules). The arbitration shall be conducted in Montgomery County, Pennsylvania, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

(b) Class Action Waiver. YOU AND ROAD RESCUE NETWORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

(c) Jury Trial Waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ROAD RESCUE NETWORK EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

(d) Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and Road Rescue Network may bring an action in court to seek injunctive relief to protect its intellectual property, the Directory, or the integrity of the Sites and Services.

(e) Opt-Out. You may opt out of this Section 26 by sending written notice of your decision to opt out to [email protected] within thirty (30) days after first accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.

(f) Survival. This Section 26 survives termination of these Terms.

27. GOVERNING LAW; VENUE; LIMITATIONS PERIOD

These Terms and any dispute arising out of or related to them or the Sites and Services shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. Subject to Section 26, you and Road Rescue Network consent to the exclusive jurisdiction of the state and federal courts located in Montgomery County, Pennsylvania, and waive any defense of lack of personal jurisdiction, improper venue, or forum non conveniens. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITES AND SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR SHALL BE PERMANENTLY BARRED.

28. NOTICES; CONTACT

Road Rescue Network

PO Box 807

Horsham, PA 19044

Phone: 1-800-673-1060

General: [email protected]

Admin: [email protected]

Legal / DMCA: [email protected]

29. MISCELLANEOUS

(a) Entire Agreement. These Terms, together with the Privacy Policy, any Subscription agreement, and any other agreement or policy incorporated by reference, constitute the entire agreement between you and Road Rescue Network regarding the Sites and Services and supersede all prior agreements.

(b) No Waiver. Road Rescue Network’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other.

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

(d) Assignment. You may not assign, transfer, or sublicense these Terms without Road Rescue Network’s prior written consent. Road Rescue Network may freely assign, transfer, or delegate these Terms in whole or in part, including to any successor or affiliate.

(e) No Joint Venture. No joint venture, partnership, employment, or agency relationship exists between you and Road Rescue Network as a result of these Terms or your use of the Sites and Services.

(f) Third-Party Beneficiaries. The Released Parties and Road Rescue Network’s payment processors are intended third-party beneficiaries of these Terms.

(g) Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, fires, floods, pandemics, infrastructure outages, internet failures, cyberattacks, or failures of upstream service providers.

(h) Headings. Headings are for convenience only and do not affect interpretation.

(i) Survival. Any provision that by its nature should survive termination — including without limitation Sections 5, 8, 9, 10, 12, 13, 14, 16, 17, 22, 23, 24, 25, 26, 27, and 29 — shall survive.

ACKNOWLEDGMENT

BY USING THE SITES AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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