These Terms of Use govern your access to and use of towermobility.com (the “Site”) operated by Tower Mobility, Inc. By accessing or using the Site, you agree to be bound by these Terms.
These Terms of Use (the “Terms”) constitute a legally binding agreement between Tower Mobility, Inc. (“Tower Mobility,” “we,” “us,” or “our”) and any individual or entity (“User,” “you,” or “your”) who accesses or uses the website located at towermobility.com (the “Site”). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
The Site is provided for informational purposes. Subject to your compliance with these Terms, Tower Mobility grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes.
You agree not to:
Tower Mobility may suspend or terminate access to the Site for any user who violates these Terms, at its sole discretion and without notice.
The Site and all content displayed on or made available through the Site, including text, graphics, design elements, logos, photography, video, audio, software, and source code (collectively, the “Site Content”), are the property of Tower Mobility or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
The names “Tower Mobility,” “TowerWAV,” “TowerEV,” “TowerNEMT,” “TowerTransit,” “TowerCharging,” and “TowerAV,” together with any associated logos and service marks, are trademarks of Tower Mobility, Inc. No license or right to use any such trademark is granted under these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any Site Content for commercial purposes without the prior written consent of Tower Mobility.
Tower Mobility makes commercially reasonable efforts to maintain the accuracy and currency of information published on the Site. Operating information, including markets served, fleet composition, and service offerings, is subject to change without notice as the business evolves. The Site does not constitute a binding offer of transportation services or any other service. Specific terms applicable to any actual transportation service provided by Tower Mobility are governed by separate written agreements between Tower Mobility and the relevant counterparty.
Information submitted through contact forms, employment applications, newsletter subscriptions, or other interactive features on the Site is handled in accordance with the Tower Mobility Privacy Policy. The submission of any information through the Site does not create an employment relationship, contractual obligation, partnership, joint venture, or fiduciary relationship between Tower Mobility and the submitting party.
The Site may contain links to or embed content from third-party services, including analytics providers, content distribution networks, and embedded media. Tower Mobility does not control such third-party services and is not responsible for the content, accuracy, terms of use, or privacy practices of any third party. Use of any third-party service is governed by that service's own terms and policies.
THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOWER MOBILITY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOWER MOBILITY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOWER MOBILITY, ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE. TOWER MOBILITY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH ANY CLAIM IS BASED, EVEN IF TOWER MOBILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Tower Mobility, its affiliates, and each of their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your access to or use of the Site, your violation of these Terms, or your violation of any rights of any third party.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Any action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the personal jurisdiction and venue of such courts.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, in the state of California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the Superior Court, County of Los Angeles, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the foregoing provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. These Terms, together with the Tower Mobility Privacy Policy, constitute the entire agreement between you and Tower Mobility regarding the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
Tower Mobility may revise these Terms from time to time. The “Last Updated” date above reflects the most recent material revision. Revisions take effect upon posting to the Site. Your continued access to or use of the Site after revisions are posted constitutes acceptance of the revised Terms. If you do not agree to a revision, you must discontinue use of the Site.
Questions regarding these Terms may be directed to info@towermobility.com or to Tower Mobility, Inc., 3800 North Mission Road, Los Angeles, California 90031.