Terms of service

 

1. Introduction

The TowGo® mobile application is operated by TowGo, LLC (“Company” or “We”).  Please read these terms of use (“Terms”).

By purchasing, downloading, registering with, accessing, and/or using the TowGo steering wheel sensor, trailer hitch sensor, and/or mobile application (the “App”), you indicate your agreement to these Terms.  If you do not agree, please do not use the App or the content/services provided therefrom (the “Services”).  We may update or modify these Terms, including any policies referenced herein, from time to time by posting updated versions on our website. Except as otherwise expressly stated, such changes will apply prospectively from the date they are posted.

Notwithstanding the foregoing, any terms governing pricing, returns, refunds, or other rights arising from a purchase shall be those in effect at the time of the original retail purchase.

Your continued use of the App, products, or Services following the posting of updated Terms constitutes your acceptance of such changes; however, such updates will not materially reduce the core functionality of the product as purchased. Access to new features, enhancements, or third-party integrations may require acceptance of updated Terms. Company may, from time to time, update or modify the App or Services to correct errors, address bugs, improve performance, or enhance safety or accuracy. Such changes may alter or remove unintended behaviors resulting from errors and shall not be considered a reduction in core functionality.

If you breach these Terms, We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the App or certain Services, with or without notice. Any such action will not unreasonably interfere with the core functionality of the product as purchased, except where necessary for safety, security, or legal compliance.

2. Scope of License

The license granted to you for use of the App, including Services and content therefrom, is a limited, personal, non-exclusive, non-transferable license (without the right to sublicense) to access and make use of the App on a mobile device that you own or control, in both cases for personal and noncommercial use only.  You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any updates thereon or parts thereof (except as and only to the extent that the foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App).

3. Safety

You agree that your use of the App and operation of a vehicle and/or other devices/machinery is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as required by law and/or as you deem reasonably necessary for any injuries that you may incur while using the App/Services.  You also agree not to use the App to violate any applicable law, rule, or regulation (including, but not limited to, motor vehicle, traffic, and trespass laws). You also agree not to encourage or enable any other individual to violate this paragraph, Terms, or any applicable law, rule, or regulation.

Any and all Services provided by the App are made available for informational purposes only and are not intended to be relied upon in situations where erroneous, inaccurate, time-delayed or incomplete guidance and/or data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the App/Services may vary from actual road or terrain conditions due to factors that can affect the accuracy of the guidance/data, such as, but not limited to, weather, road and traffic conditions, criminal mischief, and geopolitical events. For your safety, always pay attention to your surroundings and observe current road conditions and signage.

4. Intellectual Property

You acknowledge that by using the App, you do not obtain any rights, title, or interest in or related to the App, including, but not limited to, content contained in the App, trademarks, service marks, software, copyrightable works, illustrations, images, etc., whether tangible or intangible (“Content”).  Unless otherwise noted, all Content is the exclusive property of Company or other appropriate author/owner, and is protected by applicable intellectual property laws.  Such Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or exploited in any way, without prior written permission from the Content owner.

The wordmarks “TowGo®” and “Tell your trailer where to go®” and other names, trademarks, service marks, etc. are owned by TowGo, LLC (“Company Marks”).  You may not use Company Marks in any manner or in connection with any manner that may cause confusion as to the source of any product or service, that implies Company’s endorsement, sponsorship, relationship with, etc. of any product or service where none exists, or that disparages or discredits Company.

You must not remove, obscure, or alter any copyright notices, trademarks, services marks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the App/Services.

5. Inappropriate Use

You hereby expressly agree that you will not use the App:

• For any unlawful purpose, including posting, storing, sending, or otherwise transmitting information, property, data, or material that is libelous, obscene, threatening, harassing or defamatory, or which may infringe the intellectual property rights of any person or which encourages in any way conduct that would be unlawful or inappropriate.
• Use any automated means to access the App or collect any information from the App, including without limitation, the harvesting or collecting of email addresses, lists of users, user contact information, user location data, or other user information.
• To use the App in any manner which could damage, disable, overburden, or impair the App, or interfere with any other party’s use of the Services/the App.
• To transmit or otherwise make available through the App any computer code, file, program, or other element, that would interrupt, destroy, interfere with, or otherwise cause any other effect that may be reasonably considered undesirable, harmful, or negative (including, but not limited to, any virus, worm, or harmful malware of any kind).
• To circumvent or attempt to circumvent the App security or any attempt (whether or not successful) to control access to the App and/or related goods or services.
• Without the legally required notices for radio transmissions and interference.

You hereby expressly agree that you will remove the steer sensor from the steering wheel and the trailer hitch sensor from the trailer except when guiding a trailer while backing up.
6. Indemnification

You agree to defend, indemnify and hold Company, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your use of the App or the Services as well as any content provided therefrom, your violation of this Agreement, or your violation of any rights of another.

7. Disclaimers; Limitation of Liability; Cap on Liability

THE APP IS AVAILABLE “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED), NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY THAT OUR APP, SITE OR SERVICES (1) WILL BE UNINTERRUPTED, FREE FROM ERRORS, OR FREE FROM VIRUSES, WORMS, “TROJAN HORSES” OR OTHER MALICIOUS CODE OR HARMFUL FEATURES OR (2) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, TIMELY, RELIABLE, OR NON-INFRINGING. COMPANY RESERVES THE RIGHT TO CORRECT ANY ERRORS IN THE APP OR SERVICES.  IF YOU RELY ON OUR APP, SITE OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

IN NO EVENT WILL COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RELATING TO OR ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE APP OR THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS APP OR SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF COMPANY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR PRODUCTS PURCHASED USING THE APP IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE THAT GAVE RISE TO SUCH CLAIM.

8. Advertisers or Partners; Third Party Links

Your correspondence or business dealings with, or participation in promotions of, advertisers, or partners found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner.  We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the App.

We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We makes no representations as to the quality, suitability, functionality, or legality of any websites to which links may be provided, and you hereby waive any claim you might have against us with respect to such websites. WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE OF THE APP.

9. Governing Law

All matters relating to your access to and use of the App shall be governed by the laws of the State of New Hampshire, without regard to its conflict of laws provisions.

10. Contact Information

To ask questions or comment about these Terms of Use, contact us at:

https://www.towgo.com/help

Or via e-mail:

support@towgo.com

11. General/Miscellaneous

These Terms constitute the entire agreement between you and Company with respect to the subject matter contained herein and govern your use of the App, superseding any prior agreements between you and Company.  Some Services may be subject to additional posted conditions and your use of those Services is subject to those conditions, which are incorporated into these Terms by reference.  In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these Terms are for convenience only.  You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Company.  This Agreement, or any right or obligation hereunder, is freely transferable by Company.

In the event of any conflict or inconsistency between a printed version of these Terms or any policy, any cached or archived version, or any version made available through other means, and the version currently published on Company’s website at https://towgo.com (including the applicable policy page), the version in effect at the time of the original retail purchase shall control with respect to pricing, returns, refunds, and other purchase-related rights. All other provisions shall be governed by the version of the Terms then in effect.