CONSUMER SMS TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PARTICIPATING IN THE SMS PROGRAM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN THE SMS PROGRAM.
1. CONSUMER OPT-IN
Towny Rewards is a standard rate subscription messaging service (up to 4 messages per month per participating business that you opt-in to). The program provides consumers with updates and promotions from participating local businesses.
By signing up for Towny Rewards at a participating business, you consent to receive automated, ongoing text messages to the mobile phone number you provide. Your consent is not required to purchase goods or services at participating businesses. Message and data rates may apply.
For standard-rate alerts, consumers will opt-in by texting the keyword shown on an advertisement to the SHORT CODE listed or by entering their mobile phone number on a Towny Kiosk at a participating business.
You will not receive any unsolicited messages from our short codes.
To receive information about the service from your mobile phone you can send HELP to the SHORT CODE or email firstname.lastname@example.org.
2. CONSUMER OPT-OUT
To opt-out (discontinue service) of messages from a participating business, reply STOP to any text message you receive. You will not receive additional messages other than a message to confirm you've opted out. You may also opt-out by texting QUIT, END, CANCEL, or UNSUBSCRIBE to any text message you receive. Message and data rates may apply.
To get help, you may send or reply HELP to the Short Code you received the message from or email email@example.com. Message and data rates may apply.
4. CONSUMER FEES
Towny does not charge consumers to receive or reply to text messages. Message and dates rates may apply from your mobile service provider.
5. SUPPORTED CARRIERS - US
Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile
6. SUPPORTED CARRIERS - CANADA
Aliant Mobility, Bell Mobility, Fido, Mobilicity, Public Mobile, Rogers Wireless, Sasktel Mobility, Telebec Mobilite, Telus Mobility, Videotron, Virgin Mobile Canada, Wind Mobile
Towny is not liable for any delays or delivery failures of SMS messages connected with this program. Delivery of SMS messages is subject to transmission from your wireless service provider.
8. Governing Law; Venue. This Consumer Agreement and all related matters, whether in contract or tort, in law or in equity, or otherwise, shall be governed by the laws of the State of Texas, without regard to choice of law or conflict of law principles that direct the application of the law of a different state. Any action or proceeding in connection with this Consumer Agreement shall be brought in Travis County, Texas. The parties irrevocably (i) submit to the exclusive jurisdiction of such courts, and (ii) waive any objections to venue of any action or proceeding or any argument that such court is an inconvenient forum.
9. Dispute Resolution
a. Non-Binding Mediation. Disputes between the parties that arise out of or relate to Consumer Agreement and cannot be resolved through good faith negotiation or non-binding mediation will be resolved, as a last resort only, by arbitration as provided in this Section. All negotiations pursuant to this clause shall be treated as confidential and as compromise and settlement negotiations for purposes of Rule 408 of the Federal Rules of Evidence and comparable state rules of evidence.
b. Binding Arbitration. If the parties are unable to resolve any dispute by negotiation or mediation under this Section within ninety (90) days of the initiation of such procedures, they agree to submit such dispute to binding arbitration in accordance with the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Roll Forward and Consumer shall mutually agree on an arbitrator. If the parties are unable to select an arbitrator within five business days, the parties consent to the selection of an arbitrator by the AAA Administrator. Unless otherwise agreed to by the parties, arbitration will take place at a location within the jurisdiction set forth in Section 15 selected by the party not initiating the arbitration. The arbitrator shall use his or her best efforts to resolve the dispute in accordance with the laws of the state of Texas, or if applicable, the United States, within three (3) months of his or her appointment. The arbitrator’s award shall be in writing and shall include reasoning in support of the award. The resolution of the arbitrator shall be final and binding on the parties. Judgment upon the award rendered by such arbitration may be entered in any court having jurisdiction thereof.
c. Equitable Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent irreparable harm in a court of competent jurisdiction pending the outcome of such arbitration.
10. Amendment. Towny may amend (change, add to or delete) these Terms and Conditions at any time by mailing, emailing, or delivering a notice to Consumer at the last mail address or email address on file for Consumer’s account, or by posting notice, amended Terms and Conditions, or revised Program description at the Program website towny.com.
11. Termination. Towny may suspend or terminate the Program or Consumer’s participation in the Program at any time without prior notice in our sole and absolute discretion.
12. Copyright. All copy made using the creativity, illustrations, labor, composition, or materials furnished by Towny, together with all copyrights therein, are and remain the property of Roll Forward, LLC or its affiliates or agents, as applicable. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise use in whole or in part in any manner.
Last Updated: August 15, 2018