User Agreement Statement, General Terms & Conditions
344 Kathleen Drive
Marietta, GA 30067
General Statement of Use: Any interaction with our website shall be deemed to have taken place in Cobb County, GA, USA, and shall be subject to only the laws of the State of Georgia (in general), Cobb County, Georgia, with jurisdiction residing in the State or Superior Courts of Cobb County, and any contractual Terms and Conditions that may be part of any contractual agreement with our company. Any legal issues arising out of your interaction(s) with our website shall be resolved by arbitration or mediation, via an arbitrator or mediator of our choosing and engaged (hired) at your expense. Our lack of action to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce any other provisions, in whole or part.
Copyrights and Intellectual Property Rights: All original content on this website, including but not limited to text, images, phrases, descriptions, trademarked or otherwise, are the intellectual property of K.O. Towing, with exceptions of any content such as logos or information publicly known to be owned by others. All content is protected under applicable copyrights, trademarks and other proprietary rights’ specifically including intellectual property rights. The copying, redistribution, use or publication of any content found herein is strictly prohibited unless authorized in writing by an authorized agent of K.O. Towing.
Trademarks and Service Marks: All third-party logos, taglines, content, or images shown on this website are owned by the companies which they represent. Use of third party logos on our website does not convey, infer or imply an existing or prior formal business relationship or our endorsement of said third-party companies. The use of or reference to any third-party company, products, services by brand name, manufacturer or similar identifier does not imply or convey an endorsement of our company by said companies.
Communications Standards of Conduct: All communications to our company are expected to meet normal and reasonable community standards. Any abusive, threatening, hateful, racist, pornographic, obscene, or otherwise harassing communications via phone, e-mail, fax, or other means will result in immediate actions that are appropriate for any violation.
Errors & Omissions: We are not responsible for any information that may be wrong, outdated, or otherwise factually incorrect. We do not guarantee that the information on this website will be factually correct, accurate, current, or otherwise reliable. We reserve the right to edit, modify, or delete any information that appears on this website.
Third-Party Services: We may advertise, resell, or otherwise provide access to goods or services by third-party vendors. We do not own or control the products or services offered by any third-party vendors. Any said goods and services provided by third-party vendors are made available without any implied or real warranty, guarantee, or another endorsement by our business.
Third Party Content & Websites: K.O. Towing is responsible for only the content on our website. Where we may provide links to third-party websites, we are not responsible for any content on, or activity conducted on or from these websites. We do not necessarily endorse, support, or agree with any particular content on third party websites. Visitors to any third-party websites do so at their own risk. Any links from our site to another website is not intended to convey an agreement with content, an endorsement or any particular company, product or service, or indicate that any content made available is fit for any particular purpose. Third-party content, shown directly on this website or provided via links from our website, are provided as a courtesy to our website’s users. We are not responsible, and assume no liability, for the accuracy, availability, fitness, or quality of any and all content on third-party websites.
Indemnification and Limits of Liability: The use of this website, including but not limited to, actions taken from information provided, services offered or links to third party websites is done at the user’s own risk. Users of our website, direct or indirect, agree to indemnify, defend and hold our company, and our partners, agents, employees, subcontractors, and third-party suppliers, advertisers, and affiliates harmless from any damages, liability, loss, claim, or expenses, including attorney’s fees, for any and all claims, without expiration, for work performed, information or images provided or displayed, testimonials or claims made on our website.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, K.O. Towing WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE OUR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OUR COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF OUR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF K.O. Towing's ACTS OR OMISSIONS OR YOUR USE OF THE K.O. Towing WEBSITE OR OUR COMPANY'S SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF OUR WEBSITE OR OUR SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Last updated July 1, 2022
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