The information provided on the Website is for informational purposes only, and does not create a business relationship between you and Agero.
Intellectual Property Rights
Unless otherwise stated, the contents of the Website including, but not limited to, the text, images and video contained herein and their arrangement are the property of Agero. All trademarks, logos and service marks used or referred to in the Website (collectively, “Trademarks”) are the property of their respective owners.
The Website and the content provided in the Website, including, but not limited to, text, images, buttons, html code, audio and video, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Agero, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use. This permission is conditioned on your not modifying the content displayed on the Website, your keeping intact all copyright, Trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in the Website. Notwithstanding the foregoing, any software, application and other materials that are made available for downloading, access, or other use from the Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Except for the limited permission in the preceding paragraph, Agero does not grant you any express or implied rights or licenses under any patents, Trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from the Website on another website or in any other media.
Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Service, is strictly prohibited. You are also advised that Agero will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Use of the Website
You are prohibited from transmitting any information or providing any content that (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, Agero believes that users should decide what information to transmit and what content to provide, and Agero does not generally make editorial determinations about your transmissions or any content you provide. However, Agero reserves the right to take any actions that it deems necessary or appropriate to minimize its liability arising from your transmissions or any content you provide, or to preserve its relationships with its service providers (including its Internet access providers). Agero will fully cooperate with any law enforcement authorities or court order requesting or directing Agero to disclose the identity of anyone posting any such information or content.
Links and External Websites
The Website may contain links to and from websites. Agero makes no representations whatsoever about any other website that you may have accessed from our website. Agero is not responsible for the privacy practices, content or availability of those websites and Agero denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
Disclaimer of Warranties; Limitation on Liability
USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. AGERO HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ON THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGERO OR AN AGERO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, AGERO MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGERO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF AGERO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Some jurisdictions disallow the exclusion or limitation of liability for damages, so these limitations and exclusions may not apply to you. In no event shall Agero’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of FIVE dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SMS Texting Terms and Conditions
Agero offers roadside and towing programs through which consumers may elect to receive text messages directly tied to the requested roadside or towing transaction. By electing to receive these text messages, Agero may respond with one or more text messages that directly relate to the roadside and towing service event, as well as with follow-up surveys related to the performance of the requested roadside or towing service. The content of the text messages will be directly tied to the requested roadside or towing transaction. You will not be enrolled in a “mailing list”. Message frequency varies.
Agero may also offers a one-time text message program, through which you may elect to receive a one-time text message to assist with our ability to locate you in connection with your request for a roadside or towing event. Through the one-time text message program, you will not be enrolled in any recurring text message program or included on a text message “mailing list”.
Use of SMS text messaging is not required as a condition of any purchase from Agero.
Agero does charge a separate fee for using the SMS service that is provided in connection with the roadside and/or towing service; however, message and data rates may apply from your mobile carrier. You agree to be fully responsible for all such charges, fees and amounts. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. Participation in the programs on this short code is standard rated (no premium content).
By providing your consent to participate in this program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Agero reserves the right to alter or terminate this SMS service, in whole or in part, at any time without notice.
The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive.
To stop receiving text messages, text STOP in a reply to the last text message received. By agreeing to receive the SMS service, you consent that following such a request to unsubscribe, you will receive one (1) final message from Agero confirming that you have unsubscribed to our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your enrollment in the service. Your consent to future text messages through the service will be deemed to govern over an earlier action to unsubscribe.
Agero may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an "automatic telephone dialing system" or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By your election to enroll in either, or both, the one-time text message program or the program for multiple text messages in connection with your service event, you give your consent to Agero to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed Agero to transmit these text messages.
United States Participating Carriers Include: ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cincinnati Bell, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Metro PCS, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile, Thumb Cellular, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin, WCC. Additional carriers may be added.
Canada Participating Carriers Include: Aliant Mobility, Bell Mobility, Fido, MTS, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile. Additional carriers may be added.
Changes to these Terms of Service
Please note that we will periodically make changes to these Terms of Service and we reserve the right to change these Terms of Service at any time. We will alert you that changes have been made by indicating at the top of these Terms of Service the date it was last updated. It is your responsibility to review these Terms of Service frequently and remain informed about any changes to it, so we encourage you to visit this page often. These Terms of Service take precedence over any previous terms of service that we have issued related to our website and your continued use of our website constitutes your acceptance of any amendments to and the most recent version of these Terms of Service.
Agero may also make improvements or changes in the products, services, or programs described in the Website at any time without notice.
Term and Termination
You may terminate your access to the Website at any time. Your failure to comply with the terms, conditions, and notices on the Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
The terms regarding limits on liability, and voluntary submissions shall survive the termination of these Terms of Service, and shall remain in effect indefinitely.
These Terms of Service and any action related to them shall be governed, controlled, interpreted and defined by and under the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction and venue of any action with respect to the subject matter of the Website or these Terms of Service shall be in the state courts of the Commonwealth of Massachusetts.
No amendment to or modification of these Terms of Service will be binding unless in writing and signed by Agero.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Service. Please see the applicable agreement or notice.
For purpose of the Digital Millennium Copyright Act, you may contact Agero’s agent for receipt of notice of claims at: General Counsel, Agero, One Cabot Road, Medford, MA 02155.
Cross Country Motor Club, Inc. and Cross Country Motor Club of California, Inc. are subsidiaries of Agero, Inc.
Description of Services
The Website provides certain customers of Agero or customers of Agero’s clients (“Customer”) with the ability to request roadside assistance services through its provider, Agero. As a Customer, you are eligible to request those roadside service benefits as described under the applicable terms of the services. If you are no longer covered under the roadside program offered by our client, you can still use this website to obtain towing and roadside services. (Non-covered services require a separate payment at the time of services for charges related to the towing or roadside event.)
Information We Collect
When you visit the Website, or contact us, we receive and collect certain information about you. The information that we receive and collect depends in part on what you do when you visit the Website or how you contact us. For example, when requesting roadside assistance services using the Website you may provide personally identifiable information such as your first and last name, address, telephone number, e-mail address, as well as relevant vehicle information, including, your vehicle’s vehicle identification number (VIN), make, model, year, color, approximate mileage, and location. For customers of our insurance clients, you may provide your insurance policy information, including, your policy number, and the policyholder’s first and last name, phone number, and address. When applicable, you may also elect to provide us with information about where you would like your vehicle to be towed (such as a repair facility, car dealership or other designated location).
We will limit the information we collect about you to what is necessary to provide the requested roadside assistance services, administer our business, provide superior service, offer opportunities that we think would be of benefit to our clients and Customers, improve the customer experience of the Website, and ensure technological compatibility with your computer, smartphone, tablet, or other electronic or mobile device (collectively, "Device").
Automatically Collected Information
Every time you visit the Website or contact us, some information is automatically collected about you. This information may include, but is not limited to, some or all of the following items: the specific pages, buttons, images, videos, links, or forms that you access on this website; your Device’s unique device identifier, the type and version of Internet browser software and operating system you use and your Internet service provider; date, time, and duration of your website visit; your IP address; your domain; type of Device; your Device’s mobile operating system, mobile network provider, and mobile phone number; the location of your Device, and demographic information concerning the country of origin of your Device and the languages it uses.
The Website does not respond to web browser “do not track” signals or other similar mechanisms regarding the collection of personal information.
Information Collected via Cookies
Third Party Information Collection
When you use the Website, certain third parties may use automatic information collection technologies to collect information about you or your Device. These third parties may include, the manufacturer of your Device, the web browser that you use, your mobile network provider and/or your Internet service provider. The information these third parties collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications and other online services websites. They may use this information to provide you with interest-based advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have questions about an advertisement or other targeted content, you should contact the responsible service provider directly to obtain instructions for how to opt-out of having your information collected or used in this way.
How we use and share your information
Most of the information we collect is used to help deliver the services that Customers request. It also may permit us to design and offer specific products and services that will be useful to our clients, and our Customers, or that provide benefits, additional value or discounts. From time to time, we may share or transfer information that personally identifies you to Agero affiliates and to other non-affiliated entities including in the following manner:
As may be required to deliver the requested services including sharing selected information with roadside assistance providers, emergency service providers, first responders, our clients, dealerships and other repair facilities, our wireless service providers, credit card processors, data management companies, and others;
In connection with a corporate merger, consolidation, restructuring, the sale of some or all of our equity and/or assets, or other corporate change of control, including during the course of any due diligence process related to such corporate change;
In response to judicial proceeding, subpoena, court order or other legal process;
To comply with legal, regulatory or administrative requirements of governmental authorities;
To protect the rights or property of Agero, its clients, suppliers or Customers, and to enforce the provisions of our terms or policies, in cases of customer fraud or disputes, and/or to prevent harm to you or others;
For marketing and other business purposes; or
As permitted or required by law or as authorized by you.
(a) Some of our services may rely upon location information, including requests to locate a Customer to provide emergency towing and/or roadside assistance services. To provide such services, we (and our affiliates, clients and partners) may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your Device. Your request for services through the Website constitutes your consent for us (and our affiliates, clients and partners) to transmit, collect, maintain, process and use your location data (including the location of your Device) to provide you with such services. The location data is collected in a form that may personally identify you and/or your vehicle.
(b) You agree that we may collect and use technical and related information, including but not limited to information about your Device, system, application software, peripherals, and other similar information that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Website. We may also use this information to operate and improve the Website, our products and/or services or to provide better services or technologies to you moving forward; to create aggregated and anonymized information to determine which website features are most popular, useful to users, and for other statistical analysis; and to customize the content or services in the Website for you, or the communications sent to you through the Website.
(c) You acknowledge and agree that communications, including phone calls or “chat” services, with Agero or its third party agents may be monitored, recorded and retained by Agero.
Our definition of personally identifiable information does not include "aggregate" information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personally identifiable information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and Customer needs so that we can better consider new products and services, and tailor existing products and services to Customer desires. We may disclose to third parties aggregated information about our users, such as aggregated user statistics and log data and other information that does not identify any individual or Device, without restriction.
Consent to Contact You
Submitting your telephone number (including a cell phone number) and email address constitute your express consent for Agero to contact you via such telephone or email address either through a direct call, automated dialer, interactive voice response, SMS text or email with respect to the requested service (i) in response to your inquiries, (ii) in connection with the services requested, (iii) to confirm customer satisfaction, (iv) to inform you of promotions, updated features and services, and (v) to manage your account. Please note that you are not required to provide this consent to make a purchase from us. Standard message and data rates may apply from your mobile carrier. You may cancel (opt-out) of receiving future email and/or text message communications from us at any time by following the instructions to unsubscribe provided at the bottom of an email sent to you and/or by replying to a text message sent to you with a reply text message containing the word STOP.
We maintain security standards that are designed to help us protect your information. While we use such security standards, we cannot guarantee that personally identifiable information you submit on this website will be secure, or that the services will be uninterrupted or error-free.
Agero makes no representations whatsoever about any other websites that you may have accessed from or may access through the Website. Agero is not responsible for the privacy practices, security or content of those websites and Agero expressly disavows any liability whatsoever for use of such websites. We are not responsible for any additional information you provide directly to these third parties through the use of their websites and we encourage you to become familiar with their privacy practices before disclosing information directly to them. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
Notice to Persons Accessing this Website Outside the United States
If you reside outside the U.S., any information you provide to us on this website will be transferred out of your country and into the U.S. If you do not want your personally identifiable information to leave your country, do not provide the information to us. By providing personally identifiable information to us, you explicitly consent to the transfer of your information to the U.S. Personally identifiable information collected on Agero sites and services may be stored and processed in the U.S. or any other country in which Agero or its affiliates, subsidiaries or service providers maintain facilities.
Use of this Website by Children
We encourage parents to take an active interest in their children's use of the Internet. We do not intend to collect information from children who are under 14 years of age. If you are under 14, you should not provide information on this website and should ask your parent to do so for you.
Questions, Corrections and Removal
Attn: General Counsel
One Cabot Road
Medford, MA 02155
Cross Country Motor Club, Inc. and Cross Country Motor Club of California, Inc. are subsidiaries of Agero, Inc.