Terms of Service
Last Modified: June 28, 2025
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service") govern your access and use of the platform offered by Jack N Spanner LLC, and/or one of its divisions, affiliates, and subsidiaries ("Jack N Spanner, "Ace Roadside", "we" or "us") at Jack N Spanner LLC's website (https://www.aceroadside.com/) or mobile applications. The platform services provided by Jack N Spanner, the Ace Roadside website and mobile applications together are hereinafter collectively referred to as the "Jack N Spanner Platform."
Your use of the Ace Roadside Platform constitutes your acceptance of and agreement to these Terms of Service, and any future amendments and additions to these Terms of Service as we may publish from time to time. You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into these Terms of Service and to abide by its terms and conditions, and that you will so abide. Where you enter into these Terms of Service on behalf of an entity or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms of Service. You are required to agree to and accept these Terms of Service in order to access and use the Jack N Spanner Platform. If you are under 18 years old, you may use the Jack N Spanner Platform only with the approval of your parent or guardian. If you are under 13 years of age, you are not authorized to use the Jack N Spanner Platform.
About the Jack N Spanner Platform
The Jack N Spanner Platform is a web-based communications platform which enables the connection between Requesting Users and Service Provider Users. "Requesting Users" are individual motorists ("Motorist Users"), emergency dispatch centers, and law enforcement individuals and organizations seeking to obtain certain towing, vehicle repair and other services ("Jobs") from Service Provider Users and are therefore clients of Service Provider Users, and "Service Provider Users" are individuals and/or towing businesses, repair technician businesses and similar businesses seeking to perform Jobs for Requesting Users. Requesting Users and Service Provider Users are hereinafter referred to as "Users." If you agree on the terms of a Job with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in below under the heading titled "Service Agreement Between Requesting Users and Service Provider Users."
Jack N Spanner DOES NOT PERFORM JOBS AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PERFORM JOBS. Jack N Spanner DOES NOT SUPERVISE, DIRECT OR CONTROL A VENDOR USER'S WORK OR THE JOBS IN ANY MANNER, WHICH EACH USER HEREBY ACKNOWLEDGES.
The Jack N Spanner Platform only enables connections between Users for the fulfillment of Jobs. Jack N Spanner is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Service Provider Users, Requesting Users, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Jack N Spanner makes no representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested and services provided by Users identified through the Jack N Spanner Platform whether in public, private, or offline interactions.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Jack N Spanner of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Jack N Spanner Platform. Jack N Spanner will not be liable for any loss or damage arising from your failure to comply with this paragraph.
User Selection
Jack N Spanner cannot and does not assume any responsibility for the accuracy or reliability of identity of any User or any information provided by a User through the Jack N Spanner Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER Jack N Spanner NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Jack N Spanner PLATFORM AND YOU HEREBY RELEASE Jack N Spanner AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. Jack N Spanner AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE Jack N Spanner PLATFORM.
Service Agreement Between Requesting Users and Service Provider Users
You acknowledge and agree that a contract (the "Service Agreement") is formed when you agree on the terms of a Job with another User. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the Jack N Spanner Platform, and any other contractual terms accepted by both the Requesting User and the Service Provider Users to the extent such terms do not conflict with the terms in this Section and do not expand Jack N Spanner's obligations or restrict Jack N Spanner's rights under these Terms of Service. You agree that Jack N Spanner is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment, independent contractor or other service relationship between Jack N Spanner and the Service Provider Users.
Where approved in advance by the Requesting User, the Service Provider User is not obligated to personally perform the Job. Before any Job services are performed by any employees, subcontractors or other personnel engaged by the Service Provider User, the Service Provider User shall require any such individuals to become registered Service Provider Users on the Jack N Spanner Platform pursuant to Jack N Spanner policies as described on the Jack N Spanner Platform. The Service Provider User assumes full and sole responsibility for the payment of all compensation, benefits and expenses of its employees, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Service Provider User and all persons employer or engaged by the Service Provider User in the performance of the Job. The Service Provider User represents and warrants that i) it is a valid holder of all licenses required by state or federal law to perform the Jobs and otherwise operates its business in accordance with applicable laws, and ii) it shall comply with the following insurance requirements as described herein.
Insurance Requirements
The Service Provider User shall, at the Service Provider User's expense, carry and maintain the following coverages underwritten by an insurance company which holds an A- or better rating from A.M. Best:
For the Service Provider User that Tows:
- Commercial General Liability Insurance with a limit in an amount of not less than one million dollars ($1,000,000);
- Commercial Automobile Insurance for all owned, non-owned and hired automobiles with limits of not less than one million dollars ($1,000,000);
- On-Hook Insurance with a limit in an amount of not less than one hundred thousand dollars ($100,000); and
- Garage Keepers Legal Liability Insurance (if such Service Provider User provides storage facility services) insuring any and all automobiles that are parked at the Service Provider User's storage facility, with a limit in an amount of not less than one hundred thousand dollars ($100,000).
For the Service Provider User that provides Roadside/Soft Services Only:
- Commercial General Liability (CGL) insurance with a limit in an amount of not less than one million dollars ($1,000,000);
- Commercial Automobile insurance for all owned, non-owned and hired automobiles with limits of not less than one million dollars ($1,000,000);
For Service Provider User that provides non-tow Schedule Services:
- Commercial General Liability Insurance with a limit in an amount of not less than one million dollars ($1,000,000);
- Commercial Automobile Insurance for all owned, non-owned and hired automobiles with limits of not less than one million dollars ($1,000,000);
The following requirements apply in connection with the Service Provider User's procurement of the above-required insurance policies:
- You shall provide a certificate of insurance naming Jack N Spanner as additional insured on the Commercial General Liability insurance and the Commercial Automobile insurance.
- The Service Provider User shall, upon renewal of its policies, provide to Jack N Spanner a copy of its certificate of insurance evidencing that the insurances required hereunder have been renewed.
Users of the Jack N Spanner Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Job services provided under the Agreement (other than taxes on Jack N Spanner's income).
Job Cancellation and Upcharges
If a Requesting User cancels a scheduled Job appointment, then the Requesting User may be charged a cancellation fee by the Service Provider User. Service Provider Users who cancel a scheduled Job appointment may incur fees as provided in their services agreement with Jack N Spanner.
Further, should a Service Provider User provide a final invoice for services that is more than such Service Provider User's initial estimate to the Requesting User, that Service Provider User must provide via upload to the Jack N Spanner Platform support and evidence in the form of photographs and descriptions for our review. All agreed fees over and above the initial estimate shall be labeled "Additional Charges" on User's receipt.
Worker Classification and Tax Withholding
AS STATED ABOVE, Jack N Spanner DOES NOT PERFORM JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS. Each User assumes all liability for proper classification of such User's workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Jack N Spanner. Each User acknowledges that Jack N Spanner does not, in any way, supervise, direct, or control a Service Provider User's work or Jobs performed in any manner. Jack N Spanner does not set a Service Provider User's work hours or location of work. Jack N Spanner will not provide any equipment, labor or materials needed for a particular Job. Jack N Spanner does not provide any supervision to Users.
The Jack N Spanner Platform is not an employment service and Jack N Spanner is not an employer of any User. As such, Jack N Spanner is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users' Job services.
You agree to indemnify, hold harmless and defend Jack N Spanner from any and all claims that a Service Provider User was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Service Provider User was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that Jack N Spanner was an employer or joint employer of a Service Provider User, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
Use of the Jack N Spanner Platform, Accessing the Jack N Spanner Platform and Account Security
Use of the Jack N Spanner Platform is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable.
We reserve the right to withdraw or amend the Jack N Spanner Platform, and any service or material we provide on the Jack N Spanner Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Jack N Spanner Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Jack N Spanner Platform, or the entire Jack N Spanner Platform, to you or any other Users. Consequently, Jack N Spanner encourages you to maintain your own backup of your information and content. Although it's our intention for the Jack N Spanner Platform to be available as much as possible, we are not a backup service and you agree not to rely on the Jack N Spanner Platform for purposes of backup and/or storage of your information and content.
You are responsible for (i) making all arrangements necessary for you to have access to the Jack N Spanner Platform and (ii) ensuring that all persons who access the Jack N Spanner Platform through your internet connection are aware of these Terms of Service and comply with them.
To access the Jack N Spanner Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Jack N Spanner Platform that all the information you provide on the Jack N Spanner Platform is correct, current and complete. You agree that all information you provide to register with the Jack N Spanner Platform or otherwise, including but not limited to through the use of any interactive features on the Jack N Spanner Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Authorization to Contact You
By using the Jack N Spanner Platform and providing your telephone number(s), email address(es), or other contact information to us through any means, You consent and agree by electronic signature to accept and receive calls, SMS, MMS or other text messages, emails, push notifications, and telephonic and electronic communications, including calls and text messages made using an artificial voice or including autodialed and/or pre-recorded message calls from Jack N Spanner and any of our agents and representatives at any of the telephone numbers (including mobile telephone numbers) and email addresses that Jack N Spanner has collected for you as authorized or described in Jack N Spanner's Privacy Policy, even if your telephone number(s), email address(es) or other contact information is registered on a corporate, state, or national do not call, text or contact registry ("Telephonic/Electronic Communication Service"). You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the text service. You do not have to consent and agree to accept and receive calls, SMS, MMS or other text messages, including calls and text messages made using an automatic telephone dialing system or containing an artificial voice or prerecorded message, from us in order to use the Jack N Spanner Platform. In the event you no longer want to receive such calls and text messages, you agree to notify us directly. Standard phone minute and text charges may apply if Jack N Spanner contacts you at a mobile number or device. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, SMS, MMS messages or other text messages, or other communications, as delivery is subject to effective transmission by your mobile carrier or other service provider and compatibility of your mobile device. Please contact your mobile carrier or other service provider if you have any questions regarding these issues or your mobile data and messaging plan or services. In order to cancel SMS, MMS messages or other texts messages, you may manage your notification settings on the settings page on the Jack N Spanner Platform. If you choose to cancel SMS, MMS messages or other text messages from us, you agree to receive a final text message from us confirming your cancellation. You can invite others to use the Jack N Spanner Platform by providing the numbers of those you want to invite. By asking us to invite others to use the Jack N Spanner Platform, you represent to us that those you invite consent to receive the automated invitation messages and that you are authorized to convey that consent to us. By using the Jack N Spanner Platform, you acknowledge and agree that Jack N Spanner may send e-mails relating to your account. You can opt out of your subscription to Jack N Spanner's e-mail services at any time by logging in to the Jack N Spanner Platform and changing your notification preferences. You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences. You agree that Jack N Spanner may contact you in the manner described above at the phone numbers Jack N Spanner has in its records for these purposes: (a) to contact you for reasons relating to your account or your use of the Jack N Spanner Platform (such as to collect a debt, resolve a dispute, clarify account information, seek feedback related to the Jack N Spanner Platform) or as authorized by applicable law; and (b) to contact you for marketing, promotional or other reasons that you have either previously consented to or that you may be asked to consent to in the future.
Mobile Services
Our services may include (i) the ability to browse our Jack N Spanner Platform from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Service"). To the extent you access the Jack N Spanner Platform through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Service, you agree that we may communicate with you regarding Jack N Spanner and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Service may be communicated to us. If you change your mobile phone provider or number, the service may be deactivated and you will need to re-enroll in the notification service. Jack N Spanner reserves the right to cancel the notification service at any time. You may terminate the notification service by notice to Jack N Spanner.
Your Information and Likeness
"Your Information" is defined as any information and materials you provide to Jack N Spanner or other Users in connection with your registration for and use of the Jack N Spanner Platform, including without limitation that posted or transmitted for use in public areas of the Jack N Spanner Platform. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content."
You hereby represent and warrant to Jack N Spanner that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Jack N Spanner or cause Jack N Spanner to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
You agree that Jack N Spanner is not liable for any User Generated Content. Jack N Spanner does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Jack N Spanner do so.
You hereby grant Jack N Spanner a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Jack N Spanner Platform.
Information About You and Your Visits to the Jack N Spanner Platform
All information we collect on the Jack N Spanner Platform is subject to our Privacy Policy. By using the Jack N Spanner Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Fees
To the extent the Jack N Spanner Platform or any portion thereof is made available for any fee, you may be required to provide information regarding your credit card or other payment instrument. Further details on the fee structure for your use of the Jack N Spanner Platform can be found here. You represent and warrant to Jack N Spanner that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Jack N Spanner or Authorize.net or Stripe, (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Jack N Spanner the amount that is specified in accordance with the terms of these Terms of Service. Jack N Spanner might authorize an initial amount of 2x the estimated cost of services provided to you by a Service Provider User. Users may be charged a fee of 7% of the total amount invoiced to you by the Service Provider User, which may appear as "Service fee." If you are a Service Provider User, please note that Jack N Spanner may charge you a fee of 4% of the total amount invoiced by you to the User, which shall be deducted before Jack N Spanner issues final payment for the applicable Job. If you dispute any charges you must let Jack N Spanner know within sixty (60) days after the date that Jack N Spanner charges you. We reserve the right to change Jack N Spanner's prices. If Jack N Spanner does change prices, Jack N Spanner will provide notice of the change through the Jack N Spanner Platform user interface, a pop-up notice, email, or through other reasonable means, at Jack N Spanner's option, at least fourteen (14) days before the change is to take effect. Your continued use of the Jack N Spanner Platform after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Jack N Spanner Platform, other than taxes based on Jack N Spanner's net income.
Payment Processing
Notwithstanding any amounts owed to Jack N Spanner hereunder, Jack N Spanner DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Jack N Spanner Platform via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Jack N Spanner Platform also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. Jack N Spanner will deduct any fees for payment processing services before issuing final payments to its Service Provider Users. Please contact Stripe for more information. Company assumes no liability or responsibility for any payments you make through the Jack N Spanner Platform.
Refunds and Cancellations
Payments made by you hereunder are final and non-refundable, unless otherwise determined by Jack N Spanner. You may contact us regarding any questions in connection with your payment by emailing us at: contact@aceroadside.com.
Users
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER Jack N Spanner NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Jack N Spanner PLATFORM AND YOU HEREBY RELEASE Jack N Spanner AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. Jack N Spanner AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE Jack N Spanner PLATFORM. BY USING THE Jack N Spanner PLATFORM, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM SUCH USE.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Jack N Spanner Platform thereafter.
Your continued use of the Jack N Spanner Platform following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Intellectual Property Rights
The Jack N Spanner Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Jack N Spanner, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Jack N Spanner Platform for your personal and noncommercial use, solely as expressly permitted by these Terms of Service and all applicable intellectual property laws. Any other use of the Jack N Spanner Platform is strictly prohibited. Nothing contained on the Jack N Spanner Platform should be interpreted as granting to you any license to or right other than as provided herein and/or third-party proprietary content on the Jack N Spanner Platform without the express written permission of Jack N Spanner or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Jack N Spanner and Jack N Spanner's licensors. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Jack N Spanner Platform, except as follows (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from the Jack N Spanner Platform.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Jack N Spanner Platform.
You must not access or use for any commercial purposes any part of the Jack N Spanner Platform or any services or materials available through the Jack N Spanner Platform.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Jack N Spanner Platform in breach of the Terms of Service, your right to use the Jack N Spanner Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Jack N Spanner Platform or any content on the Jack N Spanner Platform is transferred to you, and all rights not expressly granted are reserved by Jack N Spanner. Any use of the Jack N Spanner Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Trademarks
Jack N Spanner name, Jack N Spanner or Ace Roadside logo and all related names, logos, product and service names, designs and slogans are trademarks of Jack N Spanner or its affiliates or licensors. You must not use such marks without the prior written permission of Jack N Spanner in each instance. All goodwill generated from the use of Jack N Spanner's trademarks will inure to our exclusive benefit. All other names, logos, product and service names, designs and slogans on the Jack N Spanner Platform are the trademarks of their respective owners.
Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Jack N Spanner and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Jack N Spanner in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Jack N Spanner upon termination of these Terms of Service for any reason whatsoever.
The term "Confidential Information" shall mean any and all of Jack N Spanner's trade secrets, confidential and proprietary information and all other information and data of Jack N Spanner that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Prohibited Uses
You may use the Jack N Spanner Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Jack N Spanner Platform:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Jack N Spanner, a Jack N Spanner employee, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Jack N Spanner Platform, or which, as determined by us, may harm Jack N Spanner or Users of the Jack N Spanner Platform or expose them to liability.
Additionally, you agree not to:
- Use the Jack N Spanner Platform in any manner that could disable, overburden, damage, or impair the Jack N Spanner Platform or interfere with any other party's use of the Jack N Spanner Platform, including their ability to engage in real time activities through the Jack N Spanner Platform.
- Use any robot, spider or other automatic device, process or means to access the Jack N Spanner Platform for any purpose, including monitoring or copying any of the material on the Jack N Spanner Platform.
- Use any manual process to monitor or copy any of the material on the Jack N Spanner Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Jack N Spanner Platform.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Jack N Spanner Platform, the server on which the Jack N Spanner Platform is stored, or any server, computer or database connected to the Jack N Spanner Platform.
- Attack the Jack N Spanner Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Jack N Spanner Platform.
Reliance on Information Posted
The information presented on or through the Jack N Spanner Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Jack N Spanner Platform, or by anyone who may be informed of any of its contents.
The Jack N Spanner Platform may include content provided by third parties, including materials provided by third party service providers, other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Jack N Spanner, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Jack N Spanner.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, the payment and delivery of goods and services by any third party, or any terms, conditions, warranties or representations associated with such dealings with third parties. YOU AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY, OR AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE Jack N Spanner PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, AS TO THE ACCURACY, VALIDITY, AND LEGALITY AND/OR OTHERWISE OF ANY MATERIALS AND/OR INFORMATION CONTAINED ON SUCH LINKS OR FOR THE GOODS AND/OR SERVICES OFFERED OR PROVIDED BY ANY SERVICE PROVIDER OR OTHER THIRD PARTY.
Dealings with Third Parties
Jack N Spanner does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any User or other third party. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any User or third party, Jack N Spanner is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any User or third party, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such User or third party exclusively and do not involve Jack N Spanner. You should make whatever investigation or consult other resources that you deem necessary or appropriate before hiring or engaging any such User or third party.
Users or third parties may link or otherwise direct you or other Users to our Jack N Spanner Platform for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party websites. Jack N Spanner does not control or operate any such third party websites. Any information you provide to these third-party websites while on these third party websites is subject to the respective policies of those third parties, and not Jack N Spanner's policies. It is your responsibility to review such third party policies, including any relevant privacy policies. You agree that Jack N Spanner will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Jack N Spanner does not make any representations or warranties as to the security of any information you might be requested to give to any third party websites. You use these third party websites at your own risk.
YOU (i) AGREE THAT Jack N Spanner IS NOT RESPONSIBLE FOR THE ACCESSIBILITY OR UNAVAILABILITY OF ANY USER OR FOR YOUR INTERACTIONS AND DEALINGS WITH THEM, (ii) WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST Jack N Spanner RELATING TO ANY INTERACTIONS OR DEALINGS WITH ANY USER OR OTHER THIRD PARTY AND (iii) RELEASE Jack N Spanner FROM ANY AND ALL LIABILITY FOR OR RELATING TO ANY INTERACTIONS OR DEALINGS WITH USER OR OTHER THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, CONSUMPTION OF PRODUCTS OR SERVICES OF, OR PARTICIPATION IN PROMOTIONS OF, USERS OR THIRD PARTIES FOUND ON OR THROUGH THE USE OF THE Jack N Spanner PLATFORM, INCLUDING PAYMENT FOR AND DELIVERY OR FULFILLMENT OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH USER OR THIRD PARTY. YOU AGREE THAT Jack N Spanner SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, 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 USERS OR THIRD PARTIES ON THE Jack N Spanner PLATFORM.
Changes to the Jack N Spanner Platform
We may update the content on the Jack N Spanner Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Jack N Spanner Platform may be out of date at any given time, and we are under no obligation to update such material.
Other Terms and Conditions
Other additional terms and conditions may apply to specific portions, services or features of the Jack N Spanner Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the Jack N Spanner Platform
You may not link to our Jack N Spanner Platform.
Geographic Restrictions
The owner of the Jack N Spanner Platform is based in the state of Michigan in the United States. We provide the Jack N Spanner Platform for use only by persons located in the United States. We make no claims that the Jack N Spanner Platform or any of its content is accessible or appropriate outside of the United States. Access to the Jack N Spanner Platform may not be legal by certain persons or in certain countries. If you access the Jack N Spanner Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Jack N Spanner Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Jack N Spanner Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Jack N Spanner PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Jack N Spanner PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Jack N Spanner PLATFORM LINKED TO IT.
YOUR USE OF THE Jack N Spanner PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE Jack N Spanner PLATFORM IS AT YOUR OWN RISK. THE Jack N Spanner PLATFORM, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE Jack N Spanner PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Jack N Spanner HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER Jack N Spanner NOR ANY PERSON ASSOCIATED WITH Jack N Spanner MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Jack N Spanner PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Jack N Spanner NOR ANYONE ASSOCIATED WITH Jack N Spanner REPRESENTS OR WARRANTS THAT THE Jack N Spanner PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Jack N Spanner PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Jack N Spanner PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Jack N Spanner PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Jack N Spanner PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL Jack N Spanner, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Jack N Spanner PLATFORM, ANY Jack N Spanner PLATFORMS LINKED TO IT, ANY CONTENT ON THE Jack N Spanner PLATFORM OR SUCH OTHER Jack N Spanner PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Jack N Spanner PLATFORM OR SUCH OTHER Jack N Spanner PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Release
The Jack N Spanner Platform is only a venue for connecting Users. Because Jack N Spanner is not involved in the actual contact between Users. In the event that you have a dispute with one or more Users, you release Jack N Spanner and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Jack N Spanner EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE Jack N Spanner PLATFORM.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Indemnification
You (as "Indemnifying Party") shall indemnify, hold harmless, and defend Jack N Spanner and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that are incurred by Indemnified Party, arising out of any third-party claim alleging:
- material breach of this Terms of Service by Indemnifying Party;
- any act or omission of Indemnifying Party, including without limitation, any negligent, reckless or willful misconduct, in connection with the performance of its obligations under this Terms of Service; or
- any bodily injury, death of any person or damage to real or tangible personal property caused by the acts or omissions of Indemnifying Party, including without limitation, any negligent, reckless or willful misconduct; or
- any failure by Indemnifying Party to comply with any applicable federal, state or local laws, regulations or codes in the performance of its obligations under this Terms of Service.
Governing Law and Jurisdiction
All matters relating to the Jack N Spanner Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE Jack N Spanner PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitration
We want to address your concerns without needing to file a formal legal claim. Before filing a claim against us, you acknowledge and agree you will try to resolve the dispute informally by contacting us at contact@aceroadside.com. We will try to resolve the dispute via e-mail, but if we cannot resolve the dispute within thirty (30) days after the date of your submission, you agree to resolve any claims related to these Terms of Service through final and binding arbitration, except as forth under this section titled "Arbitration."
By using the Jack N Spanner Platform, you agree that: (i) any claim, dispute, or controversy you may have against Jack N Spanner arising out of, relating to, or connected in any way with this Terms of Service or the Jack N Spanner Platform shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"); (ii) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Jack N Spanner; (iii) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (iv) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only you and/or Jack N Spanner's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (v) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Jack N Spanner will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (vi) with the exception of subpart (iv) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (iv) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Jack N Spanner shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA website at https://www.adr.org.
You can opt-out and decline this agreement to arbitrate by contacting us within thirty (45) days of the date that you first became subject to this arbitration provision (i.e.: the date you accept these Terms of Service). You must send us written notice to Jack N Spanner, Inc., Attention: Opt-Out Arbitration, 4940 Rosecrans Ave., Hawthorne, CA 90250. If you opt out, you are not required to participate in an arbitration proceeding.
Notwithstanding anything herein to the contrary, in the event (i) you misuse and/or abuse our Jack N Spanner PLATFORM or services, (ii) you breach the confidentiality terms set forth herein and/or (iii) you infringe a third party's intellectual property rights, we may assert a claim against you and seek injunctive relief from a court of competent jurisdiction. In the event of the foregoing, any such action shall take place exclusively in the courts situated in the Los Angeles County, California and the parties hereby submit to the venue of the courts situated therein.
Term and Termination
These Terms of Service shall continue in full force and effect until such time as it is terminated by you or by us.
We may terminate these Terms of Service or terminate or suspend your right to use the Jack N Spanner Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached these Terms of Service or any policy posted on the Jack N Spanner Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Jack N Spanner Platform due to any Prohibited Conduct, we will refund in full any payments for Jobs that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Jack N Spanner may delete the account and all the information in it. You have no ownership rights to your account.
Independent Contractors
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.
No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver and Severability
No waiver by Jack N Spanner of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Jack N Spanner to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
Successors and Assigns
These Terms of Service may not be assigned or transferred by you without our prior written approval. We may assign or transfer these Terms of Service without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. These Terms of Service will inure to the benefit of Jack N Spanner, its successors and assigns.
Entire Agreement
These Terms of Service constitute the sole and entire agreement between you and Jack N Spanner with respect to its subject matter.
Contact Information
If you have any questions about these Terms of Service, please contact us at contact@aceroadside.com.