Terms of Service
13th Street Corporation dba Accident Angels

Effective Date: 9/21/2024

Welcome to 13th Street Corporation dba Accident Angels ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website and services. By accessing or using 13th Street Corporation dba Accident Angels, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using our website and services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and 13th Street Corporation dba Accident Angels. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 18 years old to use our services. By using our website, you represent and warrant that you are of legal age to form a binding contract with us and meet all the eligibility requirements. If you do not meet all these requirements, you must not access or use our services.

3. Description of Services

13th Street Corporation dba Accident Angels provides a platform that offers users access to promotional offers, rewards programs, and other related services (collectively, the "Services"). Our Services may include the ability to participate in promotions, receive special offers via SMS messaging, and engage with content provided by us or third parties.

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4. Account Registration and Security

Account Creation

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to update this information promptly to keep it accurate and complete.

Account Responsibility

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Account Termination

We reserve the right to suspend or terminate your account or your access to any part of our Services if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if you are found to be in violation of these Terms.

5. User Conduct and Obligations

By using our Services, you agree to adhere to the following rules of conduct:

• Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations.
• Prohibited Activities: You shall not engage in any activity that is harmful to us or others, including but not limited to:
  • Transmitting any content that is unlawful, defamatory, harassing, abusive, fraudulent, or obscene.
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
  • Transmitting any unauthorized advertising, promotional materials, or any other forms of solicitation.
  • Engaging in any conduct that restricts or inhibits any other user from using or enjoying our Services.
• No Disruption: You agree not to disrupt, interfere with, or create an undue burden on our Services or the networks connected to our Services.

6. User-Generated Content

Submission of Content

Our Services may allow you to submit, post, or transmit content such as reviews, comments, or other materials ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

Responsibility for Content

You are solely responsible for the User Content you submit. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to any User Content.

Prohibited Content

You agree not to submit any User Content that:

• Infringes upon any third-party intellectual property rights.
• Contains any libelous, defamatory, or otherwise unlawful material.
• Contains viruses, malware, or any other harmful code.

We reserve the right to remove or modify any User Content that violates these Terms or is otherwise objectionable.

7. Intellectual Property Rights

Ownership of Content

All content and materials available on our website and through our Services, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, are the property of 13th Street Corporation dba Accident Angels or our content suppliers and are protected by applicable intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial use. This license does not include any rights to:

• Modify or download the content (except caching or as necessary to view content).
• Use the content for any commercial purpose.
• Create any derivative works based on the content.
• Use any data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use terminates the permission or license granted by us.

8. Promotions, Rewards, and Offers

From time to time, we may offer promotions, rewards programs, or special offers. These may be subject to additional terms and conditions, which will be provided to you at the time of the offer. Participation in such promotions constitutes acceptance of those additional terms and conditions.

We reserve the right to modify or discontinue any promotion or reward program at any time without notice. We are not responsible for any unauthorized use of promotions or rewards by third parties.

9. SMS Messaging Terms

Consent to Receive SMS Messages

By providing your mobile number and opting in, you consent to receive SMS/text messages from 13th Street Corporation dba Accident Angels, which may include promotional offers, updates, and other relevant communications. Your consent is not a condition of any purchase.

Message Frequency and Charges

The frequency of SMS messages may vary based on your interactions with our Services. Standard messaging and data rates may apply as per your mobile carrier's plan. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by texting "STOP" to the number from which you received messages. Upon receipt of your opt-out request, we will send you a confirmation message, and you will no longer receive SMS messages unless you opt in again.

Responsibility

You represent that you are the owner or authorized user of the mobile device you use to sign up for SMS messages and that you are authorized to approve any applicable charges.

10. Third-Party Websites and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by 13th Street Corporation dba Accident Angels. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

By using our Services, you expressly release 13th Street Corporation dba Accident Angels from any and all liability arising from your use of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. Disclaimer of Warranties

You expressly understand and agree that your use of our Services is at your sole risk. Our Services are provided on an "as is" and "as available" basis. 13th Street Corporation dba Accident Angels expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that:

• Our Services will meet your requirements.
• Our Services will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of our Services will be accurate or reliable.
• Any errors in the software will be corrected.

12. Limitation of Liability

To the fullest extent permitted by applicable law, 13th Street Corporation dba Accident Angels shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:

• The use or inability to use our Services.
• Unauthorized access to or alteration of your transmissions or data.
• Statements or conduct of any third party on our Services.
• Any other matter relating to our Services.

Our total liability to you for all claims arising from or related to the use of our Services shall not exceed the amounts paid by you to 13th Street Corporation dba Accident Angels in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless 13th Street Corporation dba Accident Angels, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, actions, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, your violation of these Terms, or your violation of any rights of another.

14. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to all or part of our Services at any time, with or without notice, for any reason, including without limitation, breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law provisions.

You agree that any legal action or proceeding between you and 13th Street Corporation dba Accident Angels related to these Terms shall be brought exclusively in the courts located in [Insert Jurisdiction], and you consent to the jurisdiction of such courts.

16. Dispute Resolution and Arbitration

In the event of any dispute arising out of or relating to these Terms or our Services, the parties shall first attempt to resolve the dispute informally. If the dispute is not resolved within thirty (30) days, it shall be settled by binding arbitration in accordance with the rules of the [Insert Arbitration Association].

The arbitration shall be conducted in [Insert Location], and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party shall bear its own costs and expenses of arbitration, and the arbitrator's fees shall be shared equally unless the arbitrator determines that a claim was frivolous or brought for an improper purpose.

17. Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for updates. Your continued use of our Services following the posting of any changes constitutes acceptance of those changes.

If we make material changes to these Terms, we will notify you either through the email address you have provided us or by placing a prominent notice on our website.

18. Miscellaneous Provisions

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and 13th Street Corporation dba Accident Angels regarding your use of our Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at any time without restriction.

19. Contact Information

If you have any questions, comments, or concerns about these Terms or our Services, please contact us:

• Email: admin@accidentangelsofamerica.com
• Phone: 740-646-2305
• Mailing Address: Accident Angels, 128 Southern Manor Rd Vanceburg, Kentucky 41179

By accessing or using 13th Street Corporation dba Accident Angels, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We encourage you to review these Terms regularly to ensure you are aware of any changes.

Your continued use of our Services signifies your acceptance of any updated Terms. If you do not agree to any changes, you must discontinue using our Services immediately.