Express Towing & Recovery, Inc. ("Express" "we," "us") offers this website, subject to the following terms and conditions ("Agreement"). Please read this Agreement carefully before using this website. By using this website, you accept the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions set forth in this Agreement, you must not use this website. We may at any time, at our sole discretion, update and revise this Agreement by posting an amended Agreement on this website; any changes that Express makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this Agreement. Your use of this website following the posting of any changes constitutes acceptance of those changes.

You must be at least 18 years of age to use this website. If you are not at least 18 years old, you must not access or use this website.

This website's terms and conditions are directed to residents of the United States and Canada.

Copyright. Formal notice of copyright ownership appears on the website. All rights reserved. United States and international copyright laws protect all images, text, programs, and other materials found on this website (the "Site Materials"). Any commercial use of any of the Site Materials is prohibited without the express written consent of Express Towing & Recovery, Inc. You agree not to change or delete any copyright, trademark, or other proprietary notices from materials displayed on or downloaded from this website, and acknowledge that you do not acquire any ownership rights by using this website or any of the Site Materials.

Trademarks. Express owns certain unregistered marks, including, without limitation, "EXPRESS Towing and Recovery", and Names, logos and other marks identifying Express Towing & Recovery services are proprietary marks of Express Towing & Recovery, Inc, or its affiliates, and are protected by United States and international trademark laws. All other trademarks and service marks used on this website are the trademarks, service marks, or logos of their respective owners.

Privacy. Any personally identifiable data about you which Express collects from you on this or other Express websites, including without limitation, personally identifiable data about you collected during any registration process as described below, is subject to the Express Privacy Policy, as applicable. For more information, please carefully review the applicable privacy policy accessible via a link provided at the bottom of the homepage of this website.

Registration. Access to some areas and use of some functions of this or other linked websites may require you to be or become a participant in or a member of a particular club or program. When and if you register to become a participant or member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is inaccurate, not current, or incomplete, Express reserves the right to terminate this Agreement and your use of this website and related services. As part of the registration process, you may be asked to select a password. You will be responsible for the confidentiality and use of your password and any club or program identification number and agree not to transfer or resell your use of or access to this website to any third party, except where Express and the third party have entered into an agreement to permit such transfer or reselling and you participate in such arrangement. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by clicking here.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY CLUB OR PROGRAM IDENTIFICATION NUMBER, AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING RESERVATIONS AND PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Code of Conduct. While using this website and/or the Site Materials, you agree not to:

• Restrict or inhibit any other visitor from using this website, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website;
• Use this website or the Site Materials for any unlawful or unauthorized purpose;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Web site Materials;
• "Frame" or "mirror" any part of this website without our prior written authorization;
• Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents;
• Harvest or collect information about visitors to this website without their express consent;
• Create a database by systematically downloading and storing all or any of the information on this website;
• Make postings of a commercial nature; or
• Permit others, including those whose accounts were terminated, to access this website through your account, username or password.

In addition, while using this website and/or the Site Materials, you agree to comply with all applicable laws, rules, and regulations.

Requesting Products or Services. If you wish to make a purchase or to request services described on this website, you may be asked by Express (or, if you are purchasing or requesting the service through a co-branded area of this website, by the provider of such service) to supply certain data applicable to your purchase, including, without limitation, credit card information and other personally identifiable data about you. You understand that any such personally identifiable data will be treated by Express in the manner described in the applicable privacy policy accessible via a link provided at the bottom of the homepage of this website and, if an Express co-branded provider is involved, such data will be treated by such provider in the manner set forth in that provider's privacy statement; you acknowledge that Express is not responsible for the information collection or privacy practices of these providers or any other third parties. You agree that all data that you provide in making purchases or requesting services will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on this website, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.

Verification of submitted data may be required prior to our acceptance of any purchase or order. Except as otherwise required by law, price, rate and availability of products or services may be subject to change without notice. You acknowledge that purchases and services are subject to additional terms and conditions imposed by Express, its affiliates, licensees or associates.

Links. This website may contain links to other Internet websites and online resources. Links on this website to other websites or resources shall not be construed as endorsement, control, review or approval of such other websites by Express. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Further, the treatment of user data by the operators of third party websites may be different from Express's treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

Cookies. We note that "cookies" - that is, small text files placed on a user's computer - may be used in connection with this website, as discussed in greater detail in the Express Privacy Policy. You hereby agree that cookies may be placed on your computer, in accordance with the applicable Express privacy policy, in connection with your access and/or use of this website. Please note, however, that your web browser most likely allows you to control how and whether cookies will be accepted by your computer; for more information on this subject, please refer to the documentation accompanying your browser.

Accuracy of Information. Although we strive to ensure the accuracy of the information found on this website, neither Express, nor its affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website.

Disclaimers. EXPRESS TOWING & RECOVERY PROVIDES THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND EXPRESS WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPRESS AND ITS AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND EXPRESS WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. EXPRESS AND ITS AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF EXPRESS OR ITS AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, FULLY-EXECUTED AGREEMENT BETWEEN YOU AND EXPRESS WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Conflicts. In the event a conflict arises between any information posted on this website, this Agreement, and/or any contract you have with us, the terms of your contract with Express will prevail over this Agreement and the information posted on this website, and this Agreement will prevail over information posted on this website.

Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT NEITHER EXPRESS, NOR ANY OFFICER, AFFILIATE, LICENSEE, SUPPLIER, DIRECTOR, SHAREHOLDER, AGENT, OR EMPLOYEE OF EXPRESS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:

1. THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE;

2. GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON EXPRESS'S SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND EXPRESS'S REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE SERVICES IN CONNECTION WITH THE WEBSITE; OR

3. LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE.

Indemnification. Without limiting the generality or effect of other provisions of this Agreement, you agree to indemnify, hold harmless, and defend Express Towing & Recovery, Inc., its affiliates, licensees, subcontractors, and agents, and each of their officers, directors, and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of this Agreement, including any violation of the Code of Conduct above; and (b) your use of this website and engagement in transactions on this website including, but not limited to, use of the Site Materials.

Availability of this Website. This website is usually available 24 hours a day, 7 days a week. However, Express retains the right to make this website unavailable from time to time for any reason or no reason. Express shall not be liable for any damages arising from any interruption, suspension, or termination of this website.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Express infringe your copyright, you (or your agent) may send Express a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Express to locate the material on an Express website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Express a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see United States Copyright Office for details. Notices and counter-notices with respect to this website should be sent to Ed Gray, General Manager, Express Towing & Recovery, Inc., 2116 Jelane Dr., Valrico, FL 33594, (813) 643-8365,Email Ed Gray. Express suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Void Where Prohibited. Although this website is accessible worldwide, not all products or services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this website from locations outside the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the Site Materials or products and services available through this website in violation of U.S. export laws and regulations. Express, and its suppliers, affiliates, licensees and agents, reserve the right to limit the availability of this website and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, at any time and in our sole discretion.

Applicable Law. Except to the extent expressly provided otherwise herein, this Agreement (including any Express policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Florida in the United States without regard to Florida’s conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. If you are a citizen or resident of the United States, a U.S. commonwealth or a U.S. territory, or if you are accessing this website from the United States, or if a dispute action arises from your access to or use of the U.S. version of an Express website, you hereby agree that any disputes arising under or in connection with this Agreement, this website, any products and services related to this website and/or the Site Materials shall be submitted for resolution to either the U.S. District Court for the District of Florida located in the City of Tampa in Florida or a state court located in Hillsborough County in Florida, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are a citizen or resident of Canada and are not a U.S. citizen, you are not accessing this website from the United States, and the dispute is unrelated to your access to or use of the U.S. version of an Express Towing & Recovery website, you hereby agree that any disputes arising under or in connection with this Agreement (including any Express policies referred to herein), this website, any products and services related to this website and/or the Site Materials shall be governed by the laws in force in the Province of Ontario, Canada without regard to conflict of laws; and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the Province of Ontario.

This Agreement has been written in English, and you waive any right you may have under any laws to have this Agreement written in any other language. You represent that you have the ability to read and write in English and you have read and understood this Agreement. If this Agreement is translated into a language other than English, the English version and interpretation shall govern and prevail. All communications between the parties hereunder shall be in English. Il est de la volonte expresse des parties que le present contrat et tous les documents qui s'y rattachent soient rediges en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du francais.

Other General Provisions. Express Towing & Recovery reserves the right to immediately terminate your access to and use of this website or any portion thereof, or to eliminate any content, feature or service of this website, at any time and for any reason, with or without cause. Headings found in this Agreement are for reference only. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any Express policies referred to herein, is the entire Agreement between Express and you relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between Express and you regarding the same subject matter (except other written, fully-executed contracts between you and Express). Neither the course of conduct between you and Express, nor trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of this Agreement, which shall remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with Express's prior written consent.