Terms of Service & Towing Service Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT PROVISIONS REGARDING ARRIVAL TIMES AND DELAYS (SECTION 6), THE LIMITATION AND EXCLUSION OF LIABILITY (SECTIONS 11 AND 12), INDEMNIFICATION (SECTION 14), AND THE GOVERNING LAW AND FORUM FOR DISPUTES (SECTION 19).

1. Agreement and acceptance

1.1 These Terms of Service and Towing Service Agreement (this “Agreement”) constitute a legally binding agreement between you and CarrierElite, LLC, a Virginia limited liability company (“CarrierElite,” “we,” “us,” or “our”), and govern (a) your access to and use of the website located at carrierelite.com, including its request forms, price estimator and AI assistant (collectively, the “Website”), and (b) every towing, vehicle recovery, winching, roadside assistance, vehicle transport and related service that we provide to you, whether requested through the Website, by telephone, by text message, through a motor club or roadside-assistance program, or otherwise (collectively, the “Services”).

1.2 By using the Website, by checking a box or otherwise indicating your acceptance, by submitting a request for Services, or by accepting or permitting the performance of any Services, you acknowledge that you have read, understood and agree to be bound by this Agreement and by the policies incorporated into it by reference, namely the Cancellation, Payment & Refund Policy, the Vehicle Damage & Claims Policy, the Cookie & Local Storage Policy and the Privacy Policy (collectively with this Agreement, the “Terms”). If you do not agree, you must not use the Website or request the Services.

1.3 You represent and warrant that you are at least eighteen (18) years of age, that you have the legal capacity to enter into this Agreement, and that, if you act on behalf of another person or an entity, you are duly authorized to bind that person or entity to these Terms, in which case “you” includes that person or entity.

2. Definitions

• “Vehicle” means any automobile, truck, motorcycle, trailer, equipment or other property that is the subject of a Service.
• “Request” means any request for Services, however submitted.
• “Confirmation” means our communication, by telephone, text message or email, accepting a Request and confirming the Services, the applicable price or pricing basis, and an Estimated Arrival Time.
• “Estimated Arrival Time” or “ETA” means any time, time window, duration, or other indication of when our personnel or equipment may arrive, begin, or complete any Service.
• “Suggested Price” means any price, estimate or quotation generated by the Website, the AI assistant or any automated tool.

3. Requests; formation of the service contract

3.1 A Request submitted through the Website, including through the AI assistant, is an offer to engage the Services and does not by itself create a binding contract for Services or obligate CarrierElite to perform. A contract for specific Services is formed only upon our Confirmation, or upon our commencement of the Services, whichever occurs first.

3.2 We may decline, reschedule, or cancel any Request, in our sole discretion, including where the location is outside our service area, where the Services cannot be performed safely or lawfully, where required equipment is unavailable, or where the information provided is incomplete, inaccurate or unverifiable. If we cancel a Request after Confirmation, your sole and exclusive remedy is the release of any payment authorization and the refund of any amount paid for the cancelled Services.

3.3 To protect against fraudulent or mistaken Requests, we may require you to verify the telephone number you provide by means of a one-time code, and we may decline any Request that cannot be verified.

4. Not an emergency service

THE WEBSITE AND THE SERVICES ARE NOT AN EMERGENCY RESPONSE SERVICE. IF ANY PERSON IS INJURED OR IN DANGER, OR A VEHICLE IS CREATING A HAZARD TO TRAFFIC, YOU MUST CALL 911 IMMEDIATELY. You are solely responsible for your own safety and the safety of your passengers while awaiting the Services, including activating hazard lights, remaining in a safe location away from moving traffic, and following the instructions of law enforcement and emergency personnel.

5. Prices, estimates and payment

5.1 Suggested Prices are estimates only. Any Suggested Price is generated automatically from information that you provide and from third-party mapping and traffic data, is provided for convenience, and is not an offer, quotation or guarantee. The price for the Services is the price confirmed by our dispatch before the Services are performed or, for business accounts, the price agreed in writing.

5.2 The confirmed price is based on the information you provide. Additional charges may apply, and you agree to pay them, where the actual circumstances differ from those described or additional work is required, including without limitation winching or recovery, additional mileage, waiting time in excess of 15 minutes, dollies or special equipment, after-hours or holiday service, tolls, storage, and multiple trips. Where practicable, we will inform you of any additional charge before it is incurred.

5.3 Payment terms, card authorizations (“holds”), cancellation fees and refunds are governed by the Cancellation, Payment & Refund Policy. Where a motor club, insurer or other third party has agreed to pay for Services, you remain responsible for any amount that such third party does not pay, including charges for Services outside the scope of your coverage.

6. Arrival times; no guarantee; no liability for delay

6.1 Estimates only. Every Estimated Arrival Time provided by CarrierElite, its dispatchers, drivers, Website, AI assistant, text messages or any other means is a good-faith, non-binding estimate provided solely as a courtesy. Estimated Arrival Times are not promises, representations, warranties, or guarantees of any kind, and no Estimated Arrival Time shall become a term or condition of any contract between you and CarrierElite. TIME SHALL NOT BE OF THE ESSENCE with respect to the arrival, commencement, performance or completion of any Service.

6.2 Causes of delay. You acknowledge and agree that arrival and service times depend upon circumstances that are beyond the reasonable control of CarrierElite and that cannot be predicted with certainty, including without limitation traffic volume and congestion, road closures and construction, collisions and incidents, law-enforcement activity and scene access restrictions, weather and road conditions, call volume and prioritization of emergency or law-enforcement requests, the duration of preceding jobs, equipment breakdown, the accuracy of the location and vehicle information supplied, the difficulty of locating or accessing the Vehicle, and the acts or omissions of third parties.

6.3 Exclusion of liability for delay. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CARRIERELITE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, DRIVERS, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, COST, EXPENSE, CLAIM OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF OR RELATING TO ANY DELAY IN ARRIVAL, LATE ARRIVAL, FAILURE TO ARRIVE AT OR BY ANY ESTIMATED ARRIVAL TIME, RESCHEDULING, OR DELAY IN THE COMMENCEMENT, PERFORMANCE OR COMPLETION OF ANY SERVICE, HOWEVER CAUSED, including without limitation: missed or delayed appointments, flights, travel connections, employment or business obligations; lost wages, income, profits or business opportunity; the cost of alternative transportation, ride-sharing, lodging, meals or rental vehicles; parking tickets, citations, fines, or impound, towing or storage charges imposed by any other person or authority; the cost of engaging another towing or service provider; spoilage of perishable goods; and inconvenience, discomfort, emotional distress or loss of time.

6.4 Sole and exclusive remedy. If you are dissatisfied with the time of arrival, your sole and exclusive remedy is to cancel the Request before our personnel arrive at the Vehicle location. If our personnel have not arrived within 30 minutes after the most recent Estimated Arrival Time communicated to you, you may cancel without any cancellation fee, and any payment authorization for the cancelled Services will be released. You shall have no other right or remedy for delay or late arrival.

6.5 Acknowledgment and consent. BY SUBMITTING A REQUEST, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION 6, THAT YOU ARE FREE TO SEEK SERVICES FROM ANOTHER PROVIDER, THAT YOU VOLUNTARILY ACCEPT THE RISK OF DELAY, AND THAT THE PRICES FOR THE SERVICES HAVE BEEN SET IN RELIANCE UPON THE ALLOCATION OF RISK IN THIS SECTION 6, WHICH FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CARRIERELITE.

6.6 Personal safety not affected. Nothing in this Section 6 excludes or limits any liability for death or bodily injury caused by the negligence of CarrierElite, or any liability for gross negligence, willful misconduct, or fraud, or any other liability to the extent it cannot be excluded or limited under applicable law. If any person’s safety is at risk while waiting, call 911 (see Section 4).

7. Your obligations and representations

You represent, warrant and agree that:

• you are the registered owner of the Vehicle or are lawfully authorized by the owner to request and consent to the Services, including the transport of the Vehicle to the destination you designate;
• the Vehicle is not subject to any lien, repossession order, seizure, law-enforcement hold, or dispute that would make the Services unlawful, and it contains no hazardous, illegal or leaking materials other than ordinary vehicle fluids;
• all information you provide — including your name and contact details, the pickup and drop-off locations, and the Vehicle’s make, model, type, weight, modifications and condition (including whether it starts, rolls, steers, has locked wheels, is low to the ground, is all-wheel drive, or is electric) — is complete and accurate;
• you will remove all valuables, cash, documents and personal property from the Vehicle before the Services, provide the keys where required, and ensure safe and lawful access to the Vehicle and to the destination;
• you or your authorized representative will be present at pickup and drop-off unless otherwise agreed with dispatch, and you will follow the safety instructions of our personnel; and
• any passenger may ride in our vehicle only with the express permission of the driver, subject to seating capacity, applicable law (including child-restraint requirements), and the driver’s sole discretion.

You are responsible for all costs, delays and damage resulting from inaccurate or incomplete information or from any breach of this Section 7.

8. Vehicle condition, inspection and personal property

8.1 Our personnel may inspect and photograph the Vehicle before and after the Services to document its condition. You agree that such photographs may be used as evidence of the Vehicle’s condition.

8.2 CarrierElite is not responsible for pre-existing damage; for mechanical, electrical, or battery failure; for damage to loose, worn, rusted, aftermarket or improperly secured parts; or for damage resulting from conditions that you failed to disclose. Vehicles recovered from ditches, embankments, collisions, flooding, confined spaces or other difficult locations may sustain unavoidable damage in the course of recovery, and you accept that risk when you authorize recovery.

8.3 Personal property. CarrierElite is not a bailee of, and shall have no liability for, any personal property, cargo, or contents left in or on the Vehicle.

9. Damage claims

Any claim that the Vehicle was damaged while in our care must be reported and will be handled in accordance with the Vehicle Damage & Claims Policy, including its notice requirements. Your signature or electronic acknowledgment at delivery, or your acceptance of the Vehicle without noting damage, constitutes an acknowledgment that the Vehicle was delivered in the condition in which it was received, except as noted.

10. Unpaid charges; liens

Charges are due upon completion of the Services unless otherwise agreed in writing. To the extent permitted by Virginia law, CarrierElite may retain possession of the Vehicle until all charges are paid and shall have all liens and remedies available to it by law. You shall reimburse CarrierElite for all reasonable costs of collection, including reasonable attorneys’ fees, incurred to recover unpaid amounts.

11. Disclaimer of warranties

THE WEBSITE, THE AI ASSISTANT, SUGGESTED PRICES, ESTIMATED ARRIVAL TIMES AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CARRIERELITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. The Services will be performed in a workmanlike manner consistent with prevailing industry practice; no other warranty is given.

12. Limitation of liability

12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARRIERELITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, DRIVERS, AGENTS OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOSS OF INCOME OR PROFITS, DIMINUTION IN VALUE, OR COST OF SUBSTITUTE TRANSPORTATION, ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 CARRIERELITE’S TOTAL AGGREGATE LIABILITY FOR PHYSICAL DAMAGE TO A VEHICLE WHILE IN ITS CARE, CUSTODY AND CONTROL SHALL NOT EXCEED THE LESSER OF (A) THE REASONABLE COST OF REPAIRING THE DAMAGE, AND (B) THE ACTUAL CASH VALUE OF THE VEHICLE IMMEDIATELY BEFORE THE DAMAGE OCCURRED. FOR ALL OTHER CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THE WEBSITE OR THE SERVICES, CARRIERELITE’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO CARRIERELITE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

12.3 The exclusions and limitations in Sections 6, 11 and 12 apply to the fullest extent permitted by law, but do not exclude or limit liability for death or bodily injury caused by negligence, for gross negligence, willful misconduct or fraud, or for any other liability that cannot be excluded or limited under applicable law, including the Virginia Consumer Protection Act where applicable.

13. AI assistant and automated features

The Website offers an automated assistant powered by artificial intelligence, together with voice input, read-aloud replies, address lookup and price estimation. These features may produce incomplete or inaccurate output, may mishear or misinterpret spoken input, and do not constitute advice. You are responsible for reviewing the summary of your Request before you submit it. Statements made by the AI assistant do not bind CarrierElite, do not modify these Terms, and do not constitute a Confirmation. Do not enter payment card numbers or other sensitive financial information into the assistant.

14. Indemnification

You agree to defend, indemnify and hold harmless CarrierElite and its members, managers, officers, employees, drivers, agents and contractors from and against any and all claims, demands, liabilities, damages, losses, fines, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of these Terms or of any representation or warranty in them; (b) any inaccurate or incomplete information you provide; (c) any claim by an owner, lienholder, lessor or other person asserting an interest in the Vehicle; or (d) any property, cargo or material in or on the Vehicle.

15. Communications; text messages

15.1 By submitting a Request, you consent to receive calls, emails and, where you opt in, text messages from CarrierElite concerning that Request, including confirmations, arrival updates, payment links and receipts. Review requests are sent by email only.

15.2 Text message (SMS) program terms. Program: CarrierElite Tow Updates. When you request a tow on carrierelite.com you can choose to receive text messages about that request, including your confirmation and reference number, suggested price, driver arrival updates and a secure payment link. We never send marketing or promotional texts, and we never text review requests. Texting is optional. Consent is not a condition of requesting a tow or of any purchase.

• Message frequency: up to 5 messages per tow request. We don’t send marketing texts.
• Cost: message and data rates may apply, depending on your mobile plan.
• Opt out: reply STOP to any message at any time. You’ll receive one message confirming you’ve been unsubscribed.
• Help: reply HELP, call (571) 650-7576 or email admin@carrierelite.com.
• Mobile carriers are not liable for delayed or undelivered messages.

How we handle your mobile number is described in our Privacy Policy.

16. Force majeure

CarrierElite shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, severe weather, flood, fire, natural disaster, epidemic, war, terrorism, civil disturbance, governmental action or order, road or bridge closures, labor disputes, utility or telecommunications failure, fuel shortage, or failure of third-party systems.

17. Use of the Website

You agree not to: submit false, fictitious, fraudulent or prank Requests; use another person’s telephone number or identity without authorization; interfere with, probe, scrape or overload the Website; attempt to bypass verification, rate limits or security measures; or use the Website or the AI assistant for any unlawful purpose or any purpose other than obtaining our Services. We may suspend access and pursue all available remedies, including recovery of the costs of any dispatch made in response to a false Request. All content on the Website is the property of CarrierElite or its licensors and may not be copied or used without permission.

18. Third-party services

The Website relies on third-party services, including hosting, mapping, telecommunications, payment processing and artificial intelligence providers. CarrierElite is not responsible for the availability, accuracy or conduct of third-party services, and your use of any payment page or other third-party service may be subject to that provider’s terms.

19. Governing law; disputes

19.1 These Terms and any dispute arising out of or relating to them, the Website or the Services shall be governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles.

19.2 Before filing any claim, you agree to notify us in writing at admin@carrierelite.com with a description of the claim and to negotiate in good faith for thirty (30) days to resolve it informally.

19.3 Subject to Section 19.2, any action or proceeding shall be brought exclusively in the General District Court or Circuit Court for Loudoun County, Virginia, or in the United States District Court for the Eastern District of Virginia, and you consent to the personal jurisdiction of and venue in those courts. Either party may instead bring an individual claim in a court of limited jurisdiction (small claims) where the claim qualifies.

19.4 To the extent permitted by law, any claim arising out of or relating to the Services must be commenced within one (1) year after the date on which the Services were performed or the claim arose, whichever is earlier, or it is permanently barred.

20. General provisions

20.1 Entire agreement. These Terms, together with any Confirmation and any written business-account agreement, constitute the entire agreement between you and CarrierElite regarding their subject matter. In the event of a conflict, a signed written business-account agreement controls, followed by this Agreement.

20.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

20.3 No waiver; assignment. No failure or delay in enforcing any provision shall constitute a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor.

20.4 Electronic acceptance. You agree that your electronic acceptance of these Terms, including by checking a box, confirming in the AI assistant, or submitting a Request, constitutes your electronic signature and has the same force and effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act and the Virginia Uniform Electronic Transactions Act. We keep a record of the version of these Terms you accepted and the time of acceptance.

20.5 Survival; headings. Sections 6 and 8 through 20 survive the completion or cancellation of any Service. Headings are for convenience only.

20.6 Changes. We may amend these Terms by posting a revised version on the Website. The version in effect when you submit a Request governs that Request.

21. Contact

CarrierElite, LLC · Falls Church, Virginia · admin@carrierelite.com · (571) 650-7576