Contracting Party. These Terms are a contract between you and Go Tech Enterprise, LLC (“GTE,” “we,” “us”). “AtlantaTowingTruck.com” is a website brand operated by GTE for marketing and lead generation.
1. Eligibility & Acceptance
You must be 18+ (or the age of majority). By using the site/forms/call/SMS channels (the “Platform”), you accept these Terms.
2. Requests, Estimates, and Pricing
- Any price shown is a non-binding estimate based on your inputs (distance, winch/recovery, after-hours, special equipment, wait time).
- Final pricing/terms are set by the Provider after on-scene assessment. Cancellation/no-show/dry-run fees may apply per Provider policy.
- GTE does not collect, hold, escrow, or disburse funds. Payments and receipts are strictly between you and the Provider.
3. User Representations & Authorization
- You are the owner or authorized agent and authorize access/loading (including transmission shift, brake release, steering unlock).
- Information you submit (vehicle, condition, obstacles, pickup/drop addresses, contact) is true and complete.
- You will secure pets, remove valuables, provide keys/fobs when required, and disclose hazards or modifications.
4. Service Limits, ETAs, and Access
- ETAs are estimates only and can vary due to traffic, weather, and availability.
- Providers may decline unsafe, overweight, out-of-scope, or non-compliant moves at their discretion.
- You are responsible for lawful access (gates/garages/HOA permissions) and for resolving citations/holds directly with authorities/facilities.
5. Condition, Damage, Contents & Risk Allocation
Contracting Reminder. “AtlantaTowingTruck.com” is operated by Go Tech Enterprise, LLC (“GTE”) as a marketing & lead-generation platform. All towing/roadside services are performed by independent, licensed providers (“Providers”). GTE does not take possession of vehicles, is not a motor carrier, and is not a transportation broker.
5.1 Condition & Assumption of Risk
- You acknowledge the vehicle’s condition (including pre-existing damage, rust, corrosion, prior collision repairs, leaks, mechanical/electrical failure, seized/frozen components, immobilizers, aftermarket modifications, lowered/oversized suspensions) may increase the risk of damage during loading, recovery, transport, or unloading.
- Winching/recovery, off-pavement access, steep grades, soft shoulders, low clearances, parking structures, and confined spaces carry inherent risks. If you request or authorize service in these conditions, you assume those risks.
- Where the vehicle cannot be placed in neutral or the steering/unlock/brake release requires force or specialized procedures, you authorize the Provider to use reasonable methods (e.g., dollies, skates, go-jacks, drive-line disconnects) and accept the associated risk.
5.2 No Bailee/Custody by GTE
GTE never takes custody or control of the vehicle or contents and is not a bailee. Any custody, care, or control—if and when it occurs—is solely with the Provider under its own terms and insurance.
5.3 Provider Responsibility & Insurance
- Accident, collision, fire, theft, vandalism, or property-damage claims arising from towing/roadside services must be pursued solely against the Provider (and/or its insurer). GTE is not a party to such claims and has no duty to defend, indemnify, or pay them.
- Providers operate independently and are responsible for their own licenses, permits, equipment selection, securement methods, and insurance coverage.
5.4 Vehicle Damage Exclusions
To the maximum extent permitted by law, neither GTE nor the Provider is responsible for damage that is attributable to:
- Pre-existing structural weakness or prior damage, corrosion, or degraded materials.
- Aftermarket parts/aero kits, low-clearance components, spoilers, underbody panels, roof racks, or accessories not designed for towing forces.
- Mechanical/electrical faults inherent in the vehicle (e.g., locked driveline, seized brakes, battery failure) or damage arising from required movement of such components to facilitate service.
- Reasonable use of standard industry equipment and attachment points where the vehicle lacks OEM tie-downs or accessible points.
- Loss of fluids or further failure in inoperable/damaged vehicles during loading/unloading or transport.
5.5 Property Damage at Service Location
- You are responsible for providing lawful, safe access and for protecting surfaces (driveways, curbs, pavers, landscaping, turf) and structures (gates, bollards, garage mechanisms) at the service location(s).
- If you instruct or authorize service over/through surfaces or structures that may be damaged, you accept responsibility for resulting damage and agree to hold harmless GTE from any claims arising therefrom.
5.6 Contents & Personal Property
- Remove all personal property and valuables before service. Neither GTE nor Providers insure or inventory contents; no bailment of contents is created.
- Firearms, cash, controlled substances, hazardous/perishable items, or pets are prohibited. You are responsible for any loss, fines, or incidents arising from prohibited contents.
5.7 Theft, Vandalism, Acts of God
Neither GTE nor the Provider is responsible for theft, vandalism, weather events, or other force-majeure incidents that occur before pickup or after delivery. During any period of Provider custody, claims—if any—must be made to the Provider per its policies and insurance.
5.8 EV/Hybrid, Fuel & Fire Risks
- You must disclose EV/hybrid status, high-voltage damage, warning lights, or prior thermal events. Thermal incidents can occur without external cause; neither GTE nor the Provider is responsible for spontaneous battery fires or reignition events.
- Fuel leaks/spills or hazardous fluids/materials must be disclosed. Any cleanup, remediation, or regulatory fines caused by the vehicle or its cargo are your responsibility.
5.9 Hazardous Conditions & Refusals
Providers may refuse or cease service they deem unsafe, overweight, out-of-scope, non-compliant, or requiring equipment not available on scene. Additional recovery/wait-time/equipment fees may apply where service proceeds at your request.
5.10 Claims Procedure & Deadlines
- Immediate notice: Any claim for vehicle or property damage must be reported in writing to the Provider within 48 hours of delivery or attempted service and before the vehicle is altered or moved (other than to prevent further damage). Provide date/time/location, photos/video (before/after), tow ticket/identifier, and a description of the alleged damage.
- Notice to GTE is not notice to the Provider. GTE’s role in facilitating communication does not create liability.
- Failure to meet the above requirements constitutes a waiver of the claim to the fullest extent permitted by law.
5.11 Limitation of Damages
To the maximum extent permitted by law, recovery (if any) is limited to direct physical damage proven to have occurred during Provider custody/service. No liability exists for loss of use, rental costs, lost income, missed appointments, diminished value, or other indirect, incidental, consequential, special, exemplary, or punitive damages.
5.12 Waiver of Subrogation
You waive, and shall cause your insurers to waive, all rights of subrogation against GTE arising from towing/roadside services requested through the Platform.
5.13 Allocation to Provider; GTE Liability Cap Unchanged
All towing/transport incidents (including accident, fire, theft, and property damage) are allocated to the Provider as the performing party/bailee. GTE’s role is limited to marketing/lead-generation. Without limiting the foregoing, GTE’s total liability under these Terms remains capped as set forth in the “Disclaimers & Liability Cap” section.
6. Independent Providers
Providers operate independently and are responsible for their licenses, permits, insurance, and regulatory compliance. GTE does not supervise or control Providers and is not responsible for their acts, omissions, representations, warranties, or pricing.
7. No Legal/Tax Advice
Information provided via the Platform is informational only and not legal, tax, or financial advice.
8. Communications Consent (TCPA)
By submitting a request, you consent to phone calls, texts (including autodialed), and emails from GTE and Providers regarding quotes, scheduling, and updates. Message/data rates may apply.
9. Records & Fraud Prevention
Requests, call/SMS metadata, and related materials may be retained for compliance, quality assurance, analytics, and fraud prevention.
10. Disclaimers & Liability Cap
THE PLATFORM IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES (EXPRESS/IMPLIED). WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED USD $50 OR THE AMOUNT YOU PAID GTE (IF ANY), WHICHEVER IS LESS.
11. Indemnification
You agree to defend, indemnify, and hold harmless GTE and its affiliates/owners/officers/employees from claims arising out of your use, your information/authorizations, your breach, or Provider disputes.
12. Dispute Resolution; Class Waiver
Any dispute with GTE shall be resolved by binding arbitration in Clayton County, Georgia (AAA rules). YOU WAIVE JURY TRIAL AND CLASS ACTION PARTICIPATION.
13. Governing Law; Severability; Updates
Georgia law governs. If any provision is unenforceable, the remainder remains effective. We may update these Terms at any time; continued use constitutes acceptance.
14. Contact
Legal/Compliance: grow.gotechenterprise@gmail.com