MN Roadside Assistance LLC provides services directly to users and is an online platform whereby users can connect with owner operators who offer roadside assistance and tow services (hereafter, “Providers” or “Outside Providers”). Users can access the Get Help Now Service Form through the use of the MNROADSIDE.COM website or through certain third party parties, and can be accessed by you on your single mobile device (smart phone) or computer. MN Roadside Assistance LLC is not directly involved in or otherwise a party to any transactions that may take place between users and Providers. MN Roadside Assistance LLC has no control over the quality, safety, or legality of any aspect of Providers’ services or offerings or any claims made by Providers about the services they offer, the truth or accuracy of warranties or pricing supplied by Providers to MN Roadside Assistance LLC, the ability of Providers to provide the services offered, or the ability of users to pay for Provider’s services. MN Roadside Assistance LLC is not a broker, agent or insurer for any users or Providers. MN Roadside Assistance LLC makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. We encourage you to communicate directly with potential transaction partners through the tools available through the MN Roadside Assistance LLC Services. All purchases made by users from Providers are made at each party’s own risk. MN Roadside Assistance LLC has customer information and privacy policies as set forth in its Privacy Policy https://MNROADSIDE.COM/privacy-policy/, which is fully incorporated herein by reference.
PAYMENT AUTHORIZATION: MN Roadside Assistance LLC may place an immediate payment authorization to your credit card account in the estimated amount of the service (or in the case of third-party payment, for any costs not covered by a third party). The final charge to your credit card account may differ from this initial estimate and authorization.
CANCELLATIONS:
You may cancel your order within 5 minutes of the Provider dispatching a truck to your location at no cost.
If more than 5 minutes have elapsed after the Provider dispatched a truck and prior to driver arriving on scene, cancellation is subject to payment of a $25 non-refundable charge.
You will be charged the full amount of the quoted service price for any of the following cancellation instances/reasons: driver is on scene and you cancel for any reason; driver determines you have inaccurately stated the conditions of your vehicle thus the cost of service will be higher than initially quoted and you cancel service; you are Gone On Arrival (GOA) and/or fail to cancel service in less than 5 minutes from the initial order.
ADDITIONAL CHARGES:
To the extent your description of the services needed and/or conditions impacting your vehicle are deficient, inaccurate or otherwise misstated and/or the services required are more extensive than your description indicated, the price provided through the MN Roadside Assistance LLC website, get help forms, or verbal quote shall not be binding and you are responsible for paying for any additional services needed and/or requested.
For the avoidance of doubt: MN Roadside Assistance LLC itself does provide roadside assistance and tow services, and MN Roadside Assistance LLC is a services carrier. Any roadside assistance and/or tow services that MN Roadside Assistance LLC is unable to dispatch internally are sent to “Outside Providers”. MN Roadside Assistance LLC provides services directly and is a platform through which you and the Provider can learn about each other. The provision of the services by any sub contracted Provider or outside provider to you is therefore subject to any agreement that you choose to enter into with the Outside Provider. MN Roadside Assistance LLC is never a party to any such agreement and you hereby agree to release MN Roadside Assistance LLC from all liability and claims arising from any acts or omissions of Outside Provider’s.
Your Use of MN Roadside Assistance LLC Service.
By using the MN Roadside Assistance LLC Services, you agree to the following restrictions on your use of the MN Roadside Assistance LLC service:
You warrant that the information you provide to MN Roadside Assistance LLC is accurate and complete. MN Roadside Assistance LLC is entitled at all times to verify the information that you have provided and to refuse the MN Roadside Assistance LLC Service for any reason or no reason. You may only access the Service using authorized means. MN Roadside Assistance LLC is not liable if you do not have a compatible mobile device or computer. reserves the right to terminate the MN Roadside Assistance LLC Service should you attempt to access the MN Roadside Assistance LLC Service with an incompatible or unauthorized device or computer.
You will only use the MN Roadside Assistance LLC Service for your sole, personal use and will not resell it to a third party. You will not authorize others to use your account. You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorization.
You will not use the MN Roadside Assistance LLC Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the MN Roadside Assistance LLC Service to cause nuisance, annoyance or inconvenience;
You will not try to harm the MN Roadside Assistance LLC Service or impair the proper operation of any related network, platform or website in any way whatsoever;
You will not copy, or distribute the MN Roadside Assistance LLC Service or any portion or feature thereof without advance written permission from MN Roadside Assistance LLC;
You will keep secure and confidential your account password or any identification we provide you which allows access to the MN Roadside Assistance LLC Service;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an access point or 3G data (or later) account (AP) which you are authorized to use;
You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply;
You will not use the MN Roadside Assistance LLC Service with an incompatible or unauthorized device or computer;
You will comply with all applicable laws and regulations while using the MN Roadside Assistance LLC Service. MN Roadside Assistance LLC reserves the right to immediately terminate the MN Roadside Assistance LLC Service should you not comply with any of the foregoing
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Website or Service. MN Roadside Assistance LLC reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the foregoing. Use of the MN Roadside Assistance LLC Service without obtaining Provider services is free of charge for users. MN Roadside Assistance LLC reserves the right to introduce certain fees in the future. However, MN Roadside Assistance LLC shall provide you with prior written notice of such fees. The rates for the services charged by Providers can be accessed through the MN Roadside Assistance LLC Service. These may be modified or updated by MN Roadside Assistance LLC from time to time. It is your own responsibility to remain informed about the current rates for the services. You agree that you will pay for all services you purchase from the Provider, and that MN Roadside Assistance LLC may charge your credit card account as provided by you when registering for the MN Roadside Assistance LLC Service for the Provider services, including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing MN Roadside Assistance LLC with a valid credit card account for payment of all fees at all times. All payments are non-refundable, subject to applicable law.
MN Roadside Assistance LLC uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the MN Roadside Assistance LLC Service. The processing of payments or credits, as applicable, in connection with your use of the MN Roadside Assistance LLC Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. MN Roadside Assistance LLC is not responsible for any errors by the Payment Processor and you hereby agree to release MN Roadside Assistance LLC from all liability arising from any acts or omissions of Payment Processor. In connection with your use of the MN Roadside Assistance LLC Service, MN Roadside Assistance LLC will obtain certain transaction details, which shall be maintained in accordance with MN Roadside Assistance LLC Privacy Policy.
No Employment/Agent/Broker Relationship. MN Roadside Assistance LLC is not an employment service and does not serve as an employer of any user of the MN Roadside Assistance LLC Service or Provider. MN Roadside Assistance LLC is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the MN Roadside Assistance LLC Service or Provider’s services. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, MN Roadside Assistance LLC is not acting and does not act as an agent or broker for any users, Providers, or any other user of the MN Roadside Assistance LLC.
Indemnification
By using the MN Roadside Assistance LLC Service, you agree that you shall defend, indemnify and hold MN Roadside Assistance LLC, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the MN Roadside Assistance LLC Service, or (c) your use or misuse of the MN Roadside Assistance LLC Service.
Liability Limitation.
BY USING THE MN ROADSIDE ASSISTANCE LLC SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT MN Roadside Assistance LLC AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE MN Roadside Assistance LLC SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE MN ROADSIDE ASSISTANCE LLC SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE MN ROADSIDE ASSISTANCE LLC SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE MN ROADSIDE ASSISTANCE LLC SERVICE, (c) YOUR FAILURE TO PROVIDE MN ROADSIDE ASSISTANCE LLC WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE MN ROADSIDE ASSISTANCE LLC SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN MN ROADSIDE ASSISTANCE LLC. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF MN ROADSIDE ASSISTANCE LLC, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE USER TERMS OR YOUR USE OF THE MN ROADSIDE ASSISTANCE LLC SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE LIMITATIONS IN THESE USER TERMS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE USER TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
The information, recommendations and/or services provided to you on or through the MN Roadside Assistance LLC Service is for general informational purposes only and does not constitute advice. MN Roadside Assistance LLC does not guarantee continuous, uninterrupted access to the MN Roadside Assistance LLC Service. Although MN Roadside Assistance LLC attempts to maintain the integrity and accuracy of the information accessible through the MN Roadside Assistance LLC Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the MN Roadside Assistance LLC Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the MN Roadside Assistance LLC Service by other users or third parties without MN Roadside Assistance LLC’s knowledge. MN Roadside Assistance LLC cannot and does not guarantee that (the contents of) the MN Roadside Assistance LLC Services (including the MNROADSIDE.COM website and the MN Roadside Assistance LLC mobile website) are free of errors, defects, malware and viruses. MN Roadside Assistance LLC reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.
The quality of the services requested through the use of the MN Roadside Assistance LLC Service is entirely the responsibility of the Provider who ultimately provides such services to you. MN Roadside Assistance LLC under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider and you hereby agree to release MN Roadside Assistance LLC from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.
MN Roadside Assistance LLC AND ITS AFFILIATES PROVIDE THE MN Roadside Assistance LLC SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MN Roadside Assistance LLC SERVICE IS AT YOUR SOLE RISK AND THAT MN Roadside Assistance LLC AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE MN Roadside Assistance LLC SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE MN Roadside Assistance LLC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE MN Roadside Assistance LLC SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE MN Roadside Assistance LLC SERVICE WILL BE CORRECTED. MN Roadside Assistance LLC AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MN Roadside Assistance LLC OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
License Grant, Restrictions and Copyright Policy.
For purposes of these User Terms, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“MN Roadside Assistance LLC Content” means Content owned or used by MN Roadside Assistance LLC, its affiliates or licensors and made available through the MN Roadside Assistance LLC Service (including the MNROADSIDE.COM website, including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a MN Roadside Assistance LLC user posts, uploads, publishes, submits or transmits to be made available on the MN Roadside Assistance LLC website or through the MN Roadside Assistance LLC Service.
“Collective Content” means, collectively, MN Roadside Assistance LLC Content and User Content.
Subject to your compliance with these User Terms, MN Roadside Assistance LLC grants you a limited, non-exclusive, non-transferable license:
to view, download and print any MN Roadside Assistance LLC Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the MN Roadside Assistance LLC Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of MN Roadside Assistance LLC. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MN Roadside Assistance LLC or its licensors, except for the licenses and rights expressly granted in these User Terms.
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the MN Roadside Assistance LLC Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, MN Roadside Assistance LLC shall have the right and you hereby grant MN Roadside Assistance LLC the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the MN Roadside Assistance LLC website or through the MN Roadside Assistance LLC Service (“License Grant”). You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant MN Roadside Assistance LLC the rights granted in the License Grant without restriction.
You acknowledge that MN Roadside Assistance LLC only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. MN Roadside Assistance LLC does not continuously monitor User Content published by you or any other user or moderate between users and MN Roadside Assistance LLC is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of MN Roadside Assistance LLC. Any use by you of the User Content is entirely at your own risk.
You agree to indemnify and hold harmless MN Roadside Assistance LLC, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by MN Roadside Assistance LLC or its affiliated companies related to any Content posted or transmitted by you or your other use of the MN Roadside Assistance LLC Service.
MN Roadside Assistance LLC reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which MN Roadside Assistance LLC believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to MN Roadside Assistance LLC.
MN Roadside Assistance LLC Website License.
Subject to your compliance with these User Terms, MN Roadside Assistance LLC grants you a limited non-exclusive, non-transferable license to use the MN Roadside Assistance LLC website and to access the MN Roadside Assistance LLC Service via a single mobile device or computer that you own or control and to run such copy of MN Roadside Assistance LLC forms, apps, api, solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the MN Roadside Assistance LLC website or content in any way; (ii) modify or make derivative works based upon the MN Roadside Assistance LLC Service or MN Roadside Assistance LLC website; (iii) create Internet “links” to the Service or “frame” or “mirror” the MN Roadside Assistance LLC website on any other server or wireless or Internet-based device; (iv) reverse engineer or access the MN Roadside Assistance LLC website, forms, or content in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the MN Roadside Assistance LLC Service or MN Roadside Assistance LLC website, forms, content, or (c) copy any ideas, features, functions or graphics of the MN Roadside Assistance LLC Service or MN Roadside Assistance LLC website, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the MN Roadside Assistance LLC Service or MN Roadside Assistance LLC website and third party apps, forms, or content.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the MN Roadside Assistance LLC Service or the data contained therein; or (v) attempt to gain unauthorized access to the MN Roadside Assistance LLC Service or its related systems or networks.
MN Roadside Assistance LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MN Roadside Assistance LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that MN Roadside Assistance LLC has no obligation to monitor your access to or use of the MN Roadside Assistance LLC Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the MN Roadside Assistance LLC Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MN Roadside Assistance LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MN Roadside Assistance LLC, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the MN Roadside Assistance LLC Service.
MN Roadside Assistance LLC (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the MN Roadside Assistance LLC Service (including the MNROADSIDE.COM website and MN Roadside Assistance LLC profiles, listings & web content) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the MN Roadside Assistance LLC Service, in which you hereby assign all rights, title and interest to MN Roadside Assistance LLC.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the MN Roadside Assistance LLC Service or any intellectual property rights owned by MN Roadside Assistance LLC. MN Roadside Assistance LLC’s name, logo, and the product names associated with the MN Roadside Assistance LLC Service are trademarks of MN Roadside Assistance LLC, its affiliated companies or third parties, and no right or license is granted to use them.
Third Party Interactions.
During the use of the MN Roadside Assistance LLC Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the MN Roadside Assistance LLC Service and are beyond MN Roadside Assistance LLC’s control.
During use of the MN Roadside Assistance LLC Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the MN Roadside Assistance LLC Service. These links take you off the MN Roadside Assistance LLC Service and are beyond MN Roadside Assistance LLC’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. MN Roadside Assistance LLC is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk
Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
Termination of the Agreement.
The agreement between MN Roadside Assistance LLC and you embodied by these User Terms may be terminated at any time.
If you wish to terminate the Agreement, you must permanently delete the MN Roadside Assistance LLC website history, cookies and cache installed on your device, thus disabling your use of the MN Roadside Assistance LLC Service.
MN Roadside Assistance LLC is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the MN Roadside Assistance LLC Service). MN Roadside Assistance LLC is not obliged to give notice of the termination of the Agreement in advance. After termination MN Roadside Assistance LLC will give notice thereof if required by these User Terms.
Invalid Provisions
Any provision of these User Terms should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render these User Terms (as modified) legal and enforceable to the maximum extent permitted under applicable laws.
Modification of the Service and User Terms.
MN Roadside Assistance LLC may change these User Terms and will post the modified terms (which shall then become the agreement between you and MN Roadside Assistance LLC) with the new effective date listed above. MN Roadside Assistance LLC will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. MN Roadside Assistance LLC also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the MN Roadside Assistance LLC Services. Your continued use of the MN Roadside Assistance LLC Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.
Notice
MN Roadside Assistance LLC may give notice by means of a general notice on the MN Roadside Assistance LLC Service or website or by electronic mail to your email address on record in MN Roadside Assistance LLC’s account information, or by written communication sent by regular mail to your address on record in MN Roadside Assistance LLC’s account information.
Assignment.
You may not assign your rights under these User Terms without prior written approval of MN Roadside Assistance LLC.
Applicable law and Dispute Resolution.
The User Terms and the resolution of any dispute related to these User Terms will be governed and interpreted by and under the laws of the State of Minnesota, without giving effect to any conflicts of laws principles that require the application of the law of a different state.
You and MN Roadside Assistance LLC agree to resolve any disputes between us in accordance with this Section of the Terms and Conditions. If you believe that MN Roadside Assistance LLC has not adhered to the User Terms or you have any dispute with MN Roadside Assistance LLC, please contact MN Roadside Assistance LLC using the contact information provided below. We will do our best to address your concerns and each party agrees to attempt to resolve any disputes with the other amicably.
Except as provided herein, you and MN Roadside Assistance LLC agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and MN Roadside Assistance LLC relating to the MN Roadside Assistance LLC Services or these User Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association (Hereafter A1). If A1 is not available to arbitrate, the parties shall agree to select an available alternative dispute provider (Hereafter “ADP”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
For any claim where the total amount of the award sought is $10,000 or less, (the A1 or ADP, if applicable), you and MN Roadside Assistance LLC must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the outside service provider rules, and the hearing (if any) will be held in a location reasonably convenient to both parties unless the parties agree otherwise on a specific location.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MN Roadside Assistance LLC will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and MN Roadside Assistance LLC also have the right to bring qualifying claims in small claims court. In addition, you and MN Roadside Assistance LLC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these User Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these User Terms.
Neither you nor MN Roadside Assistance LLC may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MN Roadside Assistance LLC’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of these terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder shall continue in full force and effect. No waiver of any provision of this will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this User Terms. This will survive the termination of User Terms or your relationship with MN Roadside Assistance LLC.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE RULES OF AN OUTSIDE PROVIDER.
If you have any questions about the User Terms of the MN ROADSIDE ASSISTANCE LLC Service, please contact us SUPPORT@MNROADSIDE.COM
Mail To:
MN Roadside Assistance LLC Owner
1290 80th Avenue NE
Minneapolis, MN 55432
(612) 900-3869
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English version or text is the prevailing terms.