SERVING UTILITIES, PRIME CONTRACTORS, AND DISASTER RECOVERY OPERATIONS NATIONWIDE.
SERVING UTILITIES, PRIME CONTRACTORS, AND DISASTER RECOVERY OPERATIONS NATIONWIDE.
These Website Terms and Conditions (“Terms”) govern your access to and use of the website located at flamingotowing.com (the “Site”), owned and operated by Flamingo Towing South Corp. (“Flamingo,” “we,” “us,” or “our”). By accessing or using the Site in any way, you agree to be bound by these Terms. If you do not agree, you must not access or use the Site.
The Site and its content are provided for general informational purposes only. Nothing on the Site constitutes an offer to contract, a guarantee of service, a quote, or a binding commitment by Flamingo. Descriptions of services, equipment, capabilities, coverage areas, response times, certifications, and past performance are provided for general reference only and are not a representation that any particular service will be available at any particular time, place, or price.
FLAMINGO MAKES NO GUARANTEE, WARRANTY, OR REPRESENTATION THAT ANY SERVICE DESCRIBED ON THE SITE WILL BE AVAILABLE AT ANY SPECIFIC TIME, IN ANY SPECIFIC LOCATION, OR AT ALL. TOWING, RECOVERY, TRANSPORTATION, AND DISASTER-RESPONSE SERVICES ARE SUBJECT TO EQUIPMENT AVAILABILITY, PERSONNEL AVAILABILITY, WEATHER, ROAD AND SITE CONDITIONS, GOVERNMENTAL ORDERS, AND OTHER FACTORS OUTSIDE OF FLAMINGO’S CONTROL. USE OF THE SITE, INCLUDING SUBMISSION OF A CONTACT OR REQUEST FORM, DOES NOT CREATE OR GUARANTEE A CONTRACT FOR SERVICES.
All content on the Site — including text, graphics, logos, images, photographs, videos, layout, design, and software — is the property of Flamingo or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view and print pages of the Site for your own personal, non-commercial reference. You may not copy, reproduce, republish, distribute, modify, create derivative works from, publicly display, sell, or otherwise exploit any content from the Site without Flamingo’s prior written consent.
The Flamingo Towing name, logo, and any related marks are trademarks of Flamingo Towing South Corp. Nothing on the Site should be construed as granting any license or right to use any trademark without our prior written permission.
You agree that you will not, and will not permit or assist any third party to:
Flamingo reserves the right to investigate and take appropriate action against anyone who violates this section, including removing content, suspending access, and reporting conduct to law enforcement.
Submission of an employment application, résumé, or subcontractor application through the Site does not guarantee an interview, employment, engagement, or any contractual relationship with Flamingo. All hiring and subcontractor decisions are made at Flamingo’s sole discretion. Flamingo makes no representation regarding the timeline for reviewing or responding to any application. Submission of an application does not create any express or implied employment or subcontractor agreement, and any such relationship, if formed, is subject to separate written agreements and, where applicable, at-will employment principles under Florida law.
You are solely responsible for the accuracy and completeness of any information you submit, including your résumé, application materials, and any representations regarding your qualifications, licenses, certifications, insurance, or equipment. Flamingo may verify any information submitted and may rescind any offer or terminate any relationship based on inaccurate or incomplete information.
The Site may contain links to third-party websites or services (including job boards, social media, and partner organizations) that are not owned or controlled by Flamingo. We do not endorse and are not responsible for the content, accuracy, policies, or practices of any third-party website. Your use of any third-party website is at your own risk and subject to that website’s own terms and policies.
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLAMINGO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. FLAMINGO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLAMINGO, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, REGARDLESS OF THE LEGAL THEORY ASSERTED (INCLUDING CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY), EVEN IF FLAMINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLAMINGO’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
These limitations apply regardless of the number of claims and are a fundamental basis of the bargain between you and Flamingo. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Flamingo and its owners, officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) any information or content you submit through the Site, including any inaccurate or fraudulent information; or (d) your violation of any law or the rights of a third party.
You acknowledge that towing, recovery, transportation, and disaster-response operations described on the Site involve inherently hazardous conditions, including but not limited to roadway hazards, severe weather, storm-damaged environments, heavy equipment, and remote or unsafe locations. Nothing on the Site is intended to create any duty of care to any visitor beyond what is required by applicable law, and any actual services provided by Flamingo are governed exclusively by a separate written services agreement, work order, purchase order, or contract, and not by these Terms.
Nothing on the Site constitutes emergency dispatch, roadside assistance, or a substitute for contacting 911 or the appropriate emergency service in a genuine emergency. If you have an emergency, contact 911 or the applicable local emergency service immediately.
Flamingo reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Site, at any time and without notice or liability. Flamingo also reserves the right to modify these Terms at any time. Changes are effective immediately upon posting to the Site, and the “Last Updated” date will be revised accordingly. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
These Terms and any dispute arising out of or relating to the Site or these Terms shall be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. You agree that any legal action or proceeding arising out of or relating to the Site or these Terms shall be brought exclusively in the state or federal courts located in [INSERT COUNTY], Florida, and you consent to the personal jurisdiction and venue of such courts.
Flamingo’s failure to enforce any right or provision of these Terms shall not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
These Terms, together with our Privacy Policy / Data Processing Policy and Cookie Policy, constitute the entire agreement between you and Flamingo regarding your use of the Site and supersede any prior agreements or understandings, written or oral, regarding the Site. These Terms do not govern the terms of any actual towing, recovery, transportation, subcontractor, or disaster-response services, which are addressed exclusively in separate written agreements.
Questions about these Terms may be directed to:
Flamingo Towing South Corp.
442 US 90, Holt, Florida
info@flamingotowing.com
