Please read these terms of use carefully ("Terms"). These Terms govern and apply to your access and use of Towner's services available via Towner's site and/or Towner's mobile app(s) (collectively, the "Service"). By accessing or using the Service, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use the Service.
Towner's mission is to enable people to connect with others in-person to enjoy shared interests to instill a greater sense of belonging with others in their area and/or community via our mobile app ("App"). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose, or show it to some else who intends to do so; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the app or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, create derivative works of the App or the Service, or show it to some else who intends to do so; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The Content available through the Service has not officially been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
The Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Service or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, the related computer systems, or the technical delivery systems of the providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. The right is reserved to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold anyone affiliated with the management or maintenance of the Service harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) that are incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
The Service may include links to other sites and services that are not operated by anyone affilliated with the management or maintenance of the Service. These links are being provided to you only as a convenience. No one affiliated with the Service is responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
If you breach any of the terms of these Terms, the right is reserved to suspend or disable your access to or use of the App and/or Service.
You understand and agree that the App and the Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. There is no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID THE APP AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Each user can request the deletion of their account and/or any of their user-generated content at any time. A member of the Towner team will then review each request to ensure the user was using Towner in accordance with the rest of these Terms.
If at any point it's learned that a user has breached these Terms, then Towner reserves the right to suspend their account (or the fulfillment of their deletion request) until any potentially unlawful content has been documented and/or investigated.
If the user's content has been reviewed and no suspicious content has been identified, then the user's deletion request will be carried out and the requested content and/or account will be deleted.
In cases where the user has created a community that is still in use within the last 30 days by other users, Towner reserves the right to consider the exemption of its deletion. An exemption should only take place after the user was consulted (or a consultation was attempted) and it is reasonable to conclude that the user never intended for the active community to be removed as a consequence of their request to delete their account.
In cases where the user has suggested an Into be added to Towner then requests for their account to be deleted, the user-generated (or user-suggested) Into will not be deleted, but the user's account will no longer be associated with the record.
Wes Nelson reserves the right, at his sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. It is your responsibility to check this Terms periodically for changes. Your continued use of the Service following the posting of any changes to this Terms constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
This App and Service is protected by copyright and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Wes Nelson exclusively owns all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service ("Feedback") will be the sole and exclusive property of Wes Nelson and you hereby irrevocably assign to him all of your right, title and interest in and to all Feedback.
If you have any questions about this Terms of Service, please email us at hello@towner.app.