Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions (the “Terms”) form a binding agreement between Rescue Point Roadside Inc (“Company,” “we,” “us,” or “our”) and any person or entity that requests, receives, authorizes, or pays for our services or that uses our website at https://mylocaltowing.com (the “Site”). In these Terms, “you,” “your,” and “Customer” refer to that person or entity.

By calling us, submitting a request through the Site, accepting dispatch of a vehicle, or permitting us to perform any service, you accept these Terms in full. If you do not accept these Terms, do not request or accept our services.

If you request services on behalf of another person, a company, an insurer, or a fleet, you represent that you have authority to bind that party, and both you and that party are bound by these Terms.

2. Definitions

• “Services” means any towing, roadside assistance, recovery, transport, storage, or related service described in Section 3.
• “Vehicle” means the vehicle, equipment, or property that is the subject of the Services.
• “Dispatcher” means our representative who receives the service request, quotes the price, and assigns the job.
• “Service Provider” means the driver, operator, employee, or independent contractor who performs the Services.
• “Service Fee” means the total amount you agreed to pay for a specific job as quoted or confirmed by the Dispatcher.

3. Services We Provide

Subject to availability, equipment capability, and safety conditions, we offer the following Services on a 24-hour, 7-day-a-week basis:

• Light-, medium-, and heavy-duty towing
• Flatbed and wheel-lift transport
• Winch-out, off-road recovery, and accident recovery
• Jump starts and battery replacement
• Vehicle lockout assistance
• Emergency fuel delivery
• Flat tire change and spare installation
• Mobile mechanic and roadside repair services
• Electric vehicle charging assistance and EV transport
• Motorcycle towing
• RV and oversized vehicle towing
• Police rotation and law enforcement–directed towing
• Private property impound and non-consensual towing
• Vehicle storage
• Long-distance and interstate vehicle transport

Not every service is available in every location or for every vehicle type. We may decline any job at our discretion, including where conditions are unsafe, where the Vehicle exceeds our equipment capacity, where legal authorization is unclear, or where payment cannot be secured.

4. How a Job Is Created

A binding job is created only when (a) you describe the Vehicle, the location, and the assistance needed; (b) the Dispatcher quotes a price or price basis; (c) you accept that quote; and (d) the Dispatcher confirms dispatch. Requests submitted through the Site, voicemail, or text message are requests only and create no obligation on our part until a Dispatcher confirms dispatch.

You are responsible for the accuracy of the information you provide, including the Vehicle location, make, model, drivetrain, condition, modifications, accessibility, and whether the Vehicle rolls, steers, and brakes. Inaccurate or incomplete information may change the price, delay service, make the job impossible, or result in a cancellation or gone-on-arrival charge under Section 7.

Any arrival time we give is a good-faith estimate only. Traffic, weather, road closures, call volume, law enforcement direction, and dispatch priority all affect timing. We do not guarantee arrival times, and time is not of the essence in this agreement.

5. Pricing and Quotes

We do not publish fixed rates. Prices are quoted by telephone by the Dispatcher after you have provided the details of the job, and they depend on factors including vehicle class and weight, distance, time of day, equipment required, degree of difficulty, recovery conditions, and site access. The quote given to you before dispatch is the price that applies to that job.

If, on arrival, the Service Provider finds conditions that differ materially from what you described — for example additional weight, a different drivetrain, an inaccessible or off-road position, a locked or immobilized Vehicle, additional equipment or personnel, or extended winching or recovery time — the Service Provider will inform you of the revised price before performing the additional work. You may accept the revised price or decline further service, in which case any cancellation or gone-on-arrival charge disclosed to you under Section 7 applies.

Quoted prices exclude taxes, tolls, permits, third-party fees, and any charges imposed by a property owner, law enforcement agency, or storage facility, unless we state otherwise.

6. Payment

Payment is due on completion of the Services unless the Dispatcher agrees otherwise in advance. We accept major payment methods, which typically include Visa, Mastercard, American Express, and Discover credit and debit cards, and digital wallets such as Apple Pay and Google Pay. Cash and other methods may be accepted at our discretion. Available methods may vary by job and by location.

Card payments are processed by PCI-DSS compliant third-party payment processors. We do not store your full card number, security code, or bank account credentials on our systems. Your payment information is handled by the processor under its own terms and privacy practices.

We may place an authorization hold on your payment method before or during the job to confirm available funds. Authorization holds are not charges and are released by your bank according to its own schedule.

No deposit is required unless the Dispatcher states otherwise for a specific job. Where a deposit is required, it will be disclosed and agreed before dispatch and applied to the final invoice.

If a payment is declined, reversed, or returned unpaid, the full amount remains immediately due. To the maximum extent permitted by law, you are responsible for our reasonable costs of collection, including returned-item fees, interest at the maximum lawful rate, and, where recoverable, collection agency fees and attorneys’ fees. Where an insurer, motor club, employer, or other third party is expected to pay, you remain personally liable for any amount that third party does not pay.

7. Cancellation and Gone on Arrival

Applicable cancellation and gone-on-arrival (“GOA”) charges are disclosed to you by the Dispatcher by telephone before the job is dispatched. By accepting dispatch, you accept those charges.

A cancellation charge may apply once a Service Provider has been dispatched. A GOA charge may apply where the Service Provider arrives and the Vehicle is gone, has already been serviced by another provider, is inaccessible, or where no authorized person is present or reachable to permit the work. These charges compensate us for dispatched equipment, driver time, and fuel, and they are not refundable once incurred.

8. Authorization and Ownership

You represent and warrant that you are the owner of the Vehicle or are otherwise legally authorized to request the Services, to authorize movement of the Vehicle, and to authorize any lawful entry into it. You will provide identification, keys, or proof of authority on request.

To the maximum extent permitted by law, you will indemnify and hold us harmless against any claim, loss, fine, or expense arising from a lack of authority on your part, including claims brought by an owner, lienholder, lessor, or insurer.

Where a tow is performed at the direction of a law enforcement agency, property owner, or other authorized third party rather than at the request of the Vehicle owner, that tow is governed by applicable state and local law and by our agreement with that third party, in addition to these Terms to the extent consistent with law.

9. Personal Property in the Vehicle

We do not accept custody of, insure, or assume responsibility for personal property in, on, or attached to the Vehicle, including cash, electronics, tools, luggage, documents, cargo, aftermarket equipment, and child seats. Remove all valuables before the Vehicle is transported or stored. To the maximum extent permitted by law, we disclaim all liability for loss of or damage to personal property.

You must disclose any hazardous, flammable, perishable, illegal, or regulated cargo before dispatch. We may refuse or abandon a job on discovery of undisclosed hazardous or unlawful material, and you are responsible for all resulting costs, including containment, cleanup, disposal, and regulatory penalties.

10. Vehicle Condition, Photographs, and Documentation

Many vehicles we service are already damaged, disabled, worn, corroded, modified, lowered, or non-operational. We are not responsible for pre-existing damage or for wear, defects, corrosion, leaks, or component failures that existed before we arrived.

Our Service Providers take photographs and other documentation of the Vehicle and the scene before, during, and after the Services, for documentation, quality, and safety purposes. This record may be used to establish the condition of the Vehicle at each stage of the job and may be used in the handling of any claim or dispute.

Certain vehicles carry inherent risk that cannot be eliminated by careful handling, including lowered or modified vehicles, vehicles with low ground clearance or aftermarket body kits, all-wheel-drive and four-wheel-drive vehicles, electric and hybrid vehicles, exotic and classic vehicles, vehicles with locked or damaged wheels, drivetrains, or steering, and vehicles requiring off-road or technical recovery. Where you request such a service, you accept the inherent risk of damage arising from the condition, design, or position of the Vehicle and not from our failure to exercise reasonable care.

11. Damage Claims

Any claim of damage caused by the Services must be reported before the Service Provider leaves the delivery or drop-off location. Inspect the Vehicle on arrival. If you identify damage, tell the Service Provider immediately and call (888) 412-0936 to open a claim while the Service Provider is still present so the condition can be inspected and photographed.

To open a claim, contact us at (888) 412-0936 or claims@mylocaltowing.com and provide the date and location of the job, the Vehicle identification, the name of the Service Provider if known, a description of the damage, and photographs.

To the maximum extent permitted by law, failure to report damage before the Service Provider departs the delivery location waives any claim for that damage, because we lose the ability to inspect the Vehicle in the condition in which we delivered it and to determine whether the damage was pre-existing or occurred after delivery.

Opening a claim is not an admission of liability. We will review the claim, the Service Provider’s account, and our photographic record, and we will notify you of our determination. A damage claim is separate from a request for a refund of the Service Fee, which is governed by our Refund Policy.

12. Storage

Where storage is required, the applicable storage quote is provided to you before the service is agreed, except where the Vehicle is towed at the direction of law enforcement or a property owner, in which case storage rates are governed by applicable law and by the posted or filed rate schedule.

Storage charges accrue daily, including on weekends and holidays, until the Vehicle is released. A Vehicle will be released only to the registered owner, lienholder, or a person with documented authority, on presentation of identification, proof of ownership or authority, and payment in full of all towing, storage, administrative, and related charges.

Unclaimed vehicles are subject to lien, notice, sale, and disposal under applicable state law. You remain liable for charges that exceed the proceeds of any lawful sale. To the maximum extent permitted by law, we are not liable for loss or deterioration of a Vehicle in storage arising from weather, acts of third parties, vandalism, theft, animals, or the passage of time.

13. Employees and Independent Contractors

Services are performed by our own employees and equipment and, in some cases, by independent contractors and affiliated towing operators engaged to serve a location or a job type.

Independent contractors are not our employees, agents, partners, or joint venturers. They control their own personnel, equipment, insurance, licensing, and methods of work. To the maximum extent permitted by law, we act only as a coordinator in arranging their services, and we are not liable for the acts, omissions, negligence, delay, or damage of an independent contractor. Where an independent contractor performs the job, your claim for damage lies against that contractor, and we will on request identify the contractor and provide reasonable assistance in presenting your claim.

14. Your Responsibilities and Safety at the Scene

• Move yourself, your passengers, and any animals to a safe location away from live traffic and remain there until the Service Provider directs otherwise.
• Follow the reasonable safety instructions of the Service Provider at all times.
• Do not assist with, interfere with, or position yourself near the winching, lifting, loading, or securing of any Vehicle.
• Keep the telephone number you gave us reachable throughout the job.
• Comply with all laws applicable to the Vehicle and its cargo.

You assume all risk of injury or loss arising from your presence at the scene, your failure to follow safety instructions, or your involvement in the physical work. We may suspend or abandon a job where the scene is unsafe, where a person is under the influence, or where our personnel are threatened, abused, or obstructed, and charges already incurred remain payable.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the Services and the Site are provided “as is” and “as available,” and we disclaim all warranties of any kind, express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, workmanlike performance, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, or error-free, that any diagnosis or roadside repair will resolve a Vehicle’s underlying problem, or that a jump start, fuel delivery, tire change, lockout, or EV charge will render a Vehicle roadworthy or safe to operate. Roadside repairs are temporary in nature and you remain responsible for having the Vehicle properly inspected and repaired.

16. Limitation of Liability

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to a job, the Services, the Site, or these Terms — whether in contract, tort, negligence, strict liability, statute, or otherwise — will not exceed the amount of the Service Fee you actually paid to us for that job.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, data, use, rental or replacement transportation, towing by another provider, missed appointments, lost wages, or loss of goodwill, whether or not we were advised of the possibility of such damages.

These limitations apply to the fullest extent permitted by law and are an essential basis of the pricing on which we agree to provide the Services. Some jurisdictions do not allow the exclusion or limitation of certain damages or of liability for gross negligence, willful misconduct, personal injury, or death; in those jurisdictions our liability is limited to the smallest extent permitted by law, and nothing in these Terms limits any right you have that cannot lawfully be limited.

17. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Rescue Point Roadside Inc, its owners, officers, employees, and Service Providers against any claim, damage, loss, fine, penalty, or expense, including reasonable attorneys’ fees, arising from your breach of these Terms, your misrepresentation of authority or of the condition of the Vehicle, undisclosed hazardous or unlawful cargo, your violation of law, or the acts or omissions of any person you allow at the scene.

18. Force Majeure

We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including severe weather, floods, hurricanes, fire, earthquake, road closures, traffic incidents, civil unrest, strikes, war, terrorism, epidemic, government or law enforcement action, utility, network, or telecommunications failure, fuel shortage, and equipment failure not caused by our negligence. Where performance is prevented by such an event, our obligation is suspended for the duration of the event.

19. Communications, Call Recording, and Text Messages

Calls to and from MyLocalTowing, including dispatch and customer service calls, are recorded and monitored for quality assurance, training, dispatch accuracy, safety, and the documentation of quotes, authorizations, and claims. By continuing a call with us, you consent to that recording. If you do not consent, tell the representative and do not continue the call; you may instead contact us in writing at office@mylocaltowing.com.

By providing your telephone number, you consent to receive calls and text messages from us relating to your service request, including dispatch confirmations, driver status, arrival notifications, payment messages, and follow-up about the job. These are transactional messages and are not marketing.

We send marketing or promotional text messages only to customers who have separately opted in to receive them. You may withdraw consent at any time by replying STOP; reply HELP for assistance. Message and data rates may apply, and message frequency varies. Consent to marketing messages is not a condition of receiving the Services.

20. Use of the Site

The Site and its contents, including text, graphics, logos, and software, are owned by us or our licensors and are protected by intellectual property law. You may use the Site only for lawful purposes connected to requesting or managing services. You may not copy, scrape, reverse engineer, resell, or use automated means to access the Site, interfere with its operation, or submit false, fraudulent, or abusive service requests.

The Site may link to third-party sites, which we do not control and for which we are not responsible. Information on the Site is provided for general information only and does not constitute a quote, an offer, or a guarantee of availability or price.

21. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

21.1 Informal Resolution First

Before starting any arbitration or lawsuit, you agree to contact us at office@mylocaltowing.com or (888) 412-0936 with a written description of the dispute and the relief you seek, and to give us thirty (30) days to resolve it informally. Most disputes are resolved at this stage.

21.2 Binding Arbitration

If a dispute is not resolved informally, then to the maximum extent permitted by law, you and Rescue Point Roadside Inc agree that any dispute, claim, or controversy arising out of or relating to the Services, the Site, or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted by a single arbitrator, may be conducted by telephone, video, or written submissions where the rules permit, and will take place in the county of our principal place of business unless the parties agree otherwise or the rules require a different location. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

21.3 Class Action and Jury Trial Waiver

You and Rescue Point Roadside Inc agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. You and Rescue Point Roadside Inc waive any right to a trial by jury. If this waiver is found unenforceable as to a particular claim or form of relief, that claim or relief will be severed and heard in court, and all other claims will proceed in arbitration.

21.4 Small Claims Exception

Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court on an individual basis.

21.5 Right to Opt Out

You may opt out of arbitration and the class action waiver by sending written notice to office@mylocaltowing.com within thirty (30) days of the first date on which you accepted these Terms, stating your name, telephone number, the date of service, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

21.6 Time Limit on Claims

To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred.

21.7 Where Arbitration Does Not Apply

This Section 21 does not apply to any claim or dispute that applicable law prohibits from being submitted to pre-dispute arbitration or from being resolved on an individual basis. In that case, the claim proceeds in a court of competent jurisdiction under Section 22, and the remainder of this Section 21 continues to apply to all other claims.

22. Governing Law and Venue

These Terms are governed by the laws of the state in which Rescue Point Roadside Inc maintains its principal place of business, without regard to its conflict of laws rules. Subject to Section 21, you and Rescue Point Roadside Inc submit to the exclusive jurisdiction of the state and federal courts located in the county of that principal place of business. Where mandatory consumer protection law of your state of residence provides you with rights that cannot be waived by contract, nothing in this Section deprives you of those rights.

23. General Provisions

• Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or successor.
• Third-party beneficiaries. Our employees, Service Providers, and independent contractors are intended beneficiaries of the disclaimers, limitations, indemnities, and arbitration provisions in these Terms.
• Entire agreement. These Terms, together with our Privacy Policy and Refund Policy and any written quote or authorization for a specific job, are the entire agreement between you and us and supersede all prior discussions. Where a signed written authorization for a specific job conflicts with these Terms, the signed authorization controls for that job.
• Changes. We may update these Terms at any time by posting a revised version to the Site with a new effective date. The version in effect on the date of your service request governs that job.
• Survival. Sections 6, 9, 10, 11, 15, 16, 17, 21, 22, and 23 survive completion of the Services.

24. Contact Us

Rescue Point Roadside Inc

Attention: James Marsh, Operations Manager

Telephone (24/7): (888) 412-0936

General: office@mylocaltowing.com   |   Billing: billing@mylocaltowing.com   |   Claims: claims@mylocaltowing.com

Website: https://mylocaltowing.com