TERMS AND CONDITIONS
Last Updated: March 15, 2024
OVERVIEW
Please read these Terms (as defined below) carefully, as these terms govern your access to and use of jibroadsideassistance.com and any other websites owned or controlled by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) and/or its affiliates (each, a “Website” and collectively, the “Sites”) and the JIB ROADSIDE ASSISTANCE mobile application (the “App” or the “App Site”) The Websites and App Site are operated by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). Throughout the Websites/App, the terms “we”, “us” and “our” refer to Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) offers this Websites/App, including all information, tools, and services available from the Websites/App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter these Terms on behalf of such company or other organization (“Authorized User”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITES/APP. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE OR ACCESS THESE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BOUTYAH TECHNOLOGIES, LLC (d/b/a JIB ROADSIDE ASSISTANCE).
By visiting our Websites/App, purchasing something from us, and/or using any of our associated features, functionalities, user interfaces, downloads, applications and other online services which are owned and controlled by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), you engage in our “Service” and agree to be bound by the following terms and conditions (the “Terms of Service” or the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Websites/App, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the Websites/App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Websites/App or use any services and we request that you please stop using the Website/App. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
LEGAL COMPLIANCE:
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Websites/App. Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your User account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy. You agree to promptly notify Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) if you are made aware of any unauthorized or illegal use of the Websites/App.
GENERAL TERMS:
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BOUTYAH TECHNOLOGIES, LLC (D/B/A JIB ROADSIDE ASSISTANCE) AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Certain violations of these Terms, as determined by us, may require immediate termination of your access to the Websites/App without prior notice to you.
The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms to the fullest extent permitted by applicable law. At Boutyah Technologies, LLC’s (JIB Roadside Assistance) sole discretion, disputes arising out of or related to these Terms, any Additional Terms or any aspect of the relationship between you and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), whether based in contract tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through confidential, final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Except as provided below regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth below, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability or validity.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding anything to the contrary in this section or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at www.adr.org. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a mutually agreed location that is reasonably convenient to both you and Boutyah Technologies, LLC
(d/b/a JIB Roadside Assistance). If you and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. You and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) agree that (unless you have accepted these Terms on behalf of a company or other legal entity): (a) for any arbitration you initiate, you will pay the filing fee and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) will pay the remaining AAA fees and costs; and (b) for any arbitration initiated by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) will pay all AAA fees and costs. If you have accepted these Terms on behalf of a company or other legal entity, then you and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) will each pay one-half of the AAA fees and costs. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Websites/App will be heard in the courts located in Fulton County, Georgia. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with applicable law, then such term(s) will be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS (AND ANY ADDITIONAL TERMS) OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
These Terms, together with the terms of our Privacy Policy (as applicable) (the “Additional Terms”), contain the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) and you about the Services. Any definitions found in the Privacy Policy are hereby adopted by reference in this agreement. In the event of a conflict between these Terms and any Additional Terms, such Additional Terms shall control for the applicable Service. The rights of Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) under our Terms which by their nature should survive termination shall survive the termination of this agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. No additional terms, conditions, consent, waiver, alteration, or modification shall be binding unless in writing and signed by both parties. Acceptance of any order by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) is expressly limited to the terms and conditions of this agreement. Any proposed additional or inconsistent terms or conditions, including those in or accompanying any User or Invitee proposal, any User or Invitee purchase order, or other agreement or any other User or Invitee document issued in connection with the sale or delivery of Products or Services is deemed by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) to be a material change and is objected to and rejected by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) acceptance of any orders will not constitute acceptance of any terms and conditions contained therein.
Any new features or tools which are added to the current Websites/App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Websites/App. If we make any updates and/or changes, we will update the “Last Updated” date above. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes. It is your responsibility to check this page periodically for changes. Unless we say otherwise in our notice, the revised Terms will be effective immediately upon posting your continued use of or access to the Websites/App following the posting of any changes constitutes acceptance of those changes. If you do not agree to such revised Terms, you must stop accessing or using our Services. Our site hosts, Apple Store, Google Play Store and any other future site host, provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to abuse, harm, interfere with, or disrupt the Services, including but not limited to accessing or using the Services in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing protective measures.
A breach or violation of any of the Terms will result in an immediate termination of access to our Services.
SECTION 2 – ELIGIBILITY
In order to access or use the Service, you must be able to form a legally binding contract online either on behalf of a company or as an individual. Accordingly, you represent that: (a) if you are agreeing to these Terms on behalf of a company or other legal entity, you have the legal authority to bind the company or other legal entity to these Terms; and (b) you are at least the age of majority where you reside, can form
a legally binding contract online, and have the full, right, power and authority to enter into and to comply with the obligations under these Terms. If you are under the age of 18, access to and use of the Service is strictly prohibited.
Additionally, in order to access or use the Service through the App, you must obtain and maintain automobile liability insurance to cover any or all injury or claim against you arising out of your use of the Service through the App. To use our Service through the App, you must show proof of such automobile liability insurance. Upon our demand, but no later than three (3) days after such demand is made, you must provide Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) with certificates of automobile liability insurance. We may decline to provide our Service to you through the App if you do not provide, or if you provide insufficient proof of, such certificates of automobile liability insurance. Before using our Service through the App, you may wish to determine whether your own automobile liability insurance coverage affords you coverage for injuries or claims arising out of your use of our Service through the App and the amount of the deductible under your automobile liability insurance coverage. You agree that we are not an insurer and that we are not providing you with insurance of any type. Any amounts
that you pay us or our affiliates for our Service through the App are not insurance premiums and are not related to any claim or injury arising from the use of our Service through the App. In the event of any loss, damage or injury arising from use of our Service through the App, you will not look to us to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) arising as a result of any loss, damage or injury arising from use of our Service through the App.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, modify, adapt, translate, create derivative works of, duplicate, copy, sell, rent, lease, loan, timeshare, distribute, host, resell, reverse engineer, or exploit any portion of (or any use of) the Service, use of the Service, or access to the Service or any contact on the Websites/App through which the service is provided, except as expressly authorized herein, without express written permission by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.”
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
15 minutes or less dispatch time may vary to actual service time based on route and other commuting conditions. We are not responsible if information made available on this site is not updated, accurate, complete, secure or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Service.
SECTION 6 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Apple Store, Google Play Store, and any other site host store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate account information to access our Apple Store and Google Play Store App accounts. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website/App.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Websites/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – LINKS TO THE WEBSITES/APP
You may link to our Websites/App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may make available access to information, products, services and other materials (including data, information, applications, code subject to open-source licenses, other products, services, and/or materials) made available by third parties (“Third-Party Materials”).
Third-party links on this site may direct you to third-party website/apps that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. We do not represent or warrant and will not have any liability or responsibility for any Third-Party Materials or website/apps, or for any other privacy policies, materials, products, or services of third parties, including (1) their accuracy, validity, completeness, reliability, integrity, timeliness, validity, copyright compliance, legality, quality, usefulness, safety or other aspect thereof or (2) any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third-Party Materials through the Service does not imply our control of, endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third-Party Materials is entirely at your own risk and subject to the separate terms and conditions for such websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in reliance on or in connection with any third-party website/apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (customer data, types and places of use of the Websites/App, contest entries, etc.) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, reproduce, copy, publish, distribute, display, make derivative works of, and otherwise use in any medium any Comments that you forward to us. Except as expressly granted herein, you retain any and all of your rights to any submissions you submit, post or display on or through the Websites/App and you are responsible for protecting those rights. For each submission, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, indefinite, irrevocable, transferable, assignable and fully sublicensable (through multiple tiers) license and right, without additional obligation or consideration to you or any third party, to reproduce, distribute, transmit, perform and display (publicly or otherwise), create derivative works of, adapt, modify, edit, adapt, publish, sell, translate, and otherwise use, analyze and exploit such submission, in any format or media now known or hereafter developed, and for any purpose (including business or promotional purposes, such as testimonials) (the “Content Use License”). You agree that such Content Use License includes the right for us to make your submissions available to other users of the Websites/App, who may also use your submissions subject to these Terms. Except as prohibited by applicable law, you hereby waive, and you agree to waive, any
moral rights (including attribution and integrity) that you may have in any submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. When you submit submissions on or through the Service, you understand that your submission and any associated information may be visible to other users. You agree that (a) your submissions will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) we do not assume any obligation of any kind to you or any third party with respect to your submissions. We do not and will not have any obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments or submissions; or (3) to respond to any Comments or submissions. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is, without limitation, unlawful, offensive, threatening, harassing, degrading, hateful, intimidating, fail to respect the rights and dignity of others, libelous, defamatory, fraudulent, tortious, pornographic, obscene, indecent or otherwise objectionable or violates any party’s intellectual property or these Terms of Service (“Unpermitted Material”). By posting submissions on or through the Websites/App, you represent and warrant that (i) the submissions are yours (you own it) and/or have the right to use it and the right to grant us the rights and license as provided in these Terms and (ii) all of the submissions you contribute do and will comply with these Terms. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party on or through the Websites/App.
In addition, submissions found on or through the Websites/App are the property of Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) or are used under the Content Use License. You may not distribute, modify, transmit, reuse, download, re-post, copy or use said submissions, whether in whole or in part, without express advance written permission from us, other than submissions which you have posted to the Websites/App.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information through our site hosts, the Apple Store, Google Play Store, and other future sit hosts is governed by our Privacy Policy. By downloading, installing, using, and providing information to or through the Websites/App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service, on
the Websites/App, or on any related websites/app is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service, on the Websites/App, or on any related website/app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, on the Websites/App, or
on any related website/app, should be taken to indicate that all information in the Service, on the Websites/App, or on any related website/app has been modified or updated. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Websites/App or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws; (d) to infringe upon or violate our intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any other person or entity; (e) to, without limitation, harass, degrade, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to transmit or otherwise make available through or in connection with the Services any materials that are defamatory, libelous, fraudulent or otherwise tortious; (g) to submit false or misleading information (h) to upload or transmit viruses, worms, Trojan horses, Easter eggs, time bombs, spywares or any other type of malicious code, file, program or other malware that will or may be used in any way that will affect the functionality or operation of the Service, of the Websites/App, or of any related website/app, other website/apps, or the Internet; (i) to collect or track the personal information of others; (j) to interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service, or violate any requirement, procedure or policy of such servers or networks; (k) to restrict or inhibit any other person from using the Services; (l) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, host or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein without Boutyah Technologies, LLC’s (d/b/a JIB Roadside Assistance) express prior written consent; (m) reverse engineer, decompile or disassemble any portion of the Service, except where, and only to the extent that, such restriction is expressly prohibited by applicable law; (n) frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service without Boutyah Technologies, LLC’s (d/b/a JIB Roadside Assistance) express prior written consent; (o) systematically download and store Websites/App content; (p) to use any robot, spider, site search/retrieval application or other manual or automatic devise to retrieve, index, spam, phish, pharm, pretext, spider, crawl, scrape, data mine, or otherwise gather Websites/App content, or reproduce or circumvent the navigational structure or presentation of the Service, without Boutyah Technologies, LLC’s (d/b/a JIB Roadside Assistance) express prior written consent; (q) for any obscene or immoral purpose; (r) to promote any illegal activity; (s) to cause annoyance, inconvenience, or needless anxiety to another person; (t) to impersonate any person or misrepresent your identity; to advertise or engage in commercial activities or sales; (u) to access the Websites/App in order to build a similar or competitive service or product; (v) to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Websites/App; (w) to use the Websites/App in, or in association with any hazardous environments or systems, safety-critical applications; (x) to interfere with or circumvent the security features of the Service, of the Websites/App, or any related website/app, other website/apps, or the Internet; or (y) to permit or encourage any third-party to do any of the foregoing. We reserve the right to terminate your
use of the Service, the Websites/App, or any related website/app for violating any of the prohibited uses. Notwithstanding the foregoing, Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) grants to the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE (INCLUDING ANY SERVICE CONTENT THEREIN) AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS,’ ‘WHERE IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE PRACTICE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Without limiting the foregoing, Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the fullest extent permitted under applicable law, the Boutyah Parties (as defined below) will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential or exemplary damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of use, loss of data, inadvertent disclosure of data, loss of revenue, loss of business, loss of goodwill, loss of other intangibles, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or other theory, arising from your use of or inability to use the Service or Websites/App, Third-Party Materials or any products procured using the Service or Websites/App, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Your sole and exclusive remedy for dissatisfaction with the Service or Third-Party Materials is to stop using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR ANY MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 16 – REGISTRATION; USERNAMES AND PASSWORDS
You may need to register for an account to use all or part of the Service or use your credentials (e.g., username and password). If you register for an account, you agree to provide accurate account information and promptly update this information if it changes. You may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We may reject, or require that you change, any username, password or other information that you provide to us in registering. You are solely responsible for all activities that occur under your account, password (whether your password is with our Websites/App or a third-party service), and username – whether or not you authorized the activity – and you agree not to sell, transfer, or assign your account or any account rights to any third party. Your username and password are for your personal use only and should be kept confidential; you, and not Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), are responsible for any use or misuse of your username or password, and you must immediately notify us of any confidentiality breach or unauthorized use of your username or password, or your account.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account without notice or liability to you.
We reserve the right to refuse service, terminate accounts, remove or edit content, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, or cancel orders in our sole discretion.
SECTION 17 – COMMUNICATIONS
When you create an account with us or communicate with us electronically, such as via email or through the Service, you consent to receive electronic communications from Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) in accordance with applicable law and any Additional Terms, including text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
SECTION 18 – OWNERSHIP
The Service contains a variety of: (a) materials and other items relating to Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) and its products and services, and similar items from our licensors and other third parties, including all layout, information, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (b) trade secrets, patents, copyrights, trademarks, logos, know-how, trade names, rights in trade dress, service marks, moral rights and similar rights of any type embodied by or otherwise contained with the Websites/App, and trade identities of various parties, including those of Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance); and (c) other forms of intellectual property ((a), (b) and (c), collectively, “Service Content”).
The Service (including past, present, and future versions) and the Service Content are, without limitation, owned or controlled by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). All right, title, and interest in and to the Service Content is the property of Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws. Your access to and use of the Websites/App does not transfer to you or any third party any rights, title or interest in and to the Service Content. Except as explicitly stated in these Terms, Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) all rights in and to the Services and the Service Content.
Service Content is licensed, not sold, to you by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). Subject to your strict compliance with these Terms and any Additional Terms, Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) hereby grants to you a limited, non-exclusive, revocable, non-sublicensable, personal, non-transferable license to view, play, download (temporary storage only), and/or display the Service Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on supported devices for your personal, non-commercial use or internal business purposes only solely through the Service or as otherwise permitted by Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). The foregoing license shall remain in effect until and unless terminated by you or Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance). These Terms permit you to use the Websites/App for your personal, non-commercial use only. Any use of the Service or Service Content other than as specifically authorized in these Terms (or any Additional Terms), without our prior written permission, is strictly prohibited and will terminate the foregoing license.
SECTION 19 – INDEMNIFICATION
To the fullest extent permitted under applicable law, you agree to, at Boutyah Technologies, LLC’s (d/b/a JIB Roadside Assistance) option, indemnify, defend and hold harmless Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance), our affiliates, our licensees, our licensors, and our and their respective parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, and successors and assigns (collectively, the “Boutyah Parties”) harmless from and against any all liabilities, deficiencies, damages, obligations, judgments, interest, awards, penalties, fines, losses, costs or debt, expenses and fees of whatever kind (including reasonable attorneys’ fees) incurred in connection with any third-party claim, demand, cause of action,
settlement, suit, investigation, arbitration, or other proceeding (each, a “Claim”), made by any third party due to or arising out of or relating to (a) your use and access of, or activities in connection with, the Service, by you or any person using your account and password, (b) the Boutyah Parties’ use of any information, materials or other content that you submit to us, or otherwise provide us access to, and (c) any breach or alleged breach of these Terms of Service, Additional Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree that the Boutyah Parties may take control of the defense or settlement of any Claim and you agree to cooperate with the Crypto Raiders Parties in defending such Claims at the Boutyah Parties’ request. For the avoidance of doubt, if you are a company or other legal entity (or representing one), your obligations hereunder shall extend to indemnification based on the acts and omissions of your employees, consultants and agents.
SECTION 20 – RELEASE
To the fullest extent permitted by applicable law, you release the Boutyah Parties from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
SECTION 21 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date which by their nature should survive termination, including, without limitation, ownership provisions warranty disclaimers, indemnity, and limitations on liability shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. This agreement will terminate immediately and automatically without any notice if you violate any of the Terms, which will constitute a material breach of this agreement. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Websites/App and delete the App and all copies thereof from your mobile devices. Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) may terminate or suspend your use of the Service (in whole or in part) at any time and without prior notice, for any or no reason. If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and/or may deny you access to our Services (or any part thereof), and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly. Upon termination, all rights granted to you under this agreement will also terminate and you must cease all use of the Websites/App and delete all copies of the App from your mobile devices. Termination will not limit any of Boutyah Technologies, LLC’s (d/b/a JIB Roadside Assistance) rights or remedies at law or inequity.
Additionally, Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) may, at any time and in our sole discretion, restrict your access to, or otherwise impose conditions or restrictions upon your use of, the Service, with or without prior notice. We may, at any time and without liability or notice to you, modify, suspend or discontinue all or part of the Service, charge, modify or waive any fees required to use the Services, or offer opportunities to some or all users. For example, we may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Georgia, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.. Any dispute between you and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) that is not subject to arbitration will be resolved in the state or federal courts of Georgia and the United States, respectively, sitting in Fulton County, Georgia.
SECTION 25 – GEOGRAPHIC RESTRICTIONS
The owner of the Websites/App is based in the state of Georgia in the United States . We provide the Websites/App for use only by persons located in the United States. We make no claims that the Websites/App or any of its content is accessible or appropriate outside of the United States. Access to the Websites/App may not be legal by certain persons or in certain countries. If you access the Websites/App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SECTION 26 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites/App. If we make any updates and/or changes, we will update the “Last Updated” date above. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes. It is your responsibility to check our Websites/App periodically for changes. Unless we say otherwise in our notice, the revised Terms will be effective immediately upon posting and your continued use of or access to our Websites/App or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes. If you do not agree to such revised Terms, you must stop accessing or using our Service.
SECTION 27 – AUTOMATIC SOFTWARE UPDATES
Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Websites/App (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to any automatic Update. If you do not want such Updates, your remedy is to stop accessing the Websites/App and to uninstall the App. If you do not uninstall the App, you will receive Updates automatically. You may be required to install Updates to use the Websites/App and you will install any Updates that Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) provides promptly. The terms of this agreement will apply to any such Updates, which will be deemed to be part of the Websites/App.
SECTION 28 – EXPORT CONTROLS
Software or other features related to or made available by the Services may be subject to export controls of the U.S.A. or similar laws applicable in other jurisdictions. You warrant that you are: (a) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (b) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software or other Services features to any county, or to any person, entity, or end-user subject to U.S. export controls.
SECTION 29 – MISCELLANEOUS
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor-franchisee relationship between you and Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance).
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction.
Notices to you (including notices of changes to these Terms) may be made via posting to the Websites/App or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Boutyah Technologies, LLC (d/b/a JIB Roadside Assistance) will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
SECTION 30 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at