CONSUMER TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS MOBILE APP OR WEBSITE 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 ACCESS THIS MOBILE APP. 

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This Consumer Agreement specifies the terms and conditions of your (“Consumer”) participation in the Towny Rewards Program (“Program”). The Program offers cash rewards (“Cash Rewards”) for certain purchases made at a participating Roll Forward business participant (“Business Participant”). 

AUTHORIZATION FOR DIRECT DEPOSIT OF CONSUMER REWARDS
It is understood that payments of rewards will be made by electronic transfer. Authorization is given to Roll Forward, LLC to initiate credit entries and, if necessary, to initiate debit entries to correct erroneous credit entries to the account of said consumer, for the purpose of direct payment of consumer rewards. It is understood that this authorization replaces any previous authorization and will remain in force and effect until written termination notice is received by Roll Forward, LLC.

1. How the Program Works. Consumers must enroll in the Program to redeem offers and deals presented in the Towny App. The Consumer may also register a Participating Financial Institution’s debit card (“Card”) to receive Cash Rewards. When Consumer uses Card to make a purchase at a participating Business Participant location, Consumer will receive a pending Cash Reward from the Business Participant for each purchase made. If Consumer makes a subsequent purchase within the specified time requirement at that Business Participant using enrolled Card, the pending Cash Reward will be deemed earned and deposited to Consumer’s registered Towny account. 

Consumer must pay the Business Participant’s full price for a product or service in order to obtain a Cash Reward. Unless otherwise specifically agreed by the Business Participant, Cash Rewards may not be offered in connection with any other discount, special offer, price reduction, or rebate. Cash Rewards do not apply to purchases made prior to participation in the Program. Otherwise qualifying purchases may not qualify for Cash Rewards if made during the first 10 business days after (i) a new checking or savings account is opened at a participating financial institution, or (ii) a Card is requested on an existing account, due to the time required to process new accounts and cards and establish them in the Program. No retroactive Cash Rewards will be given. 

Unless otherwise specifically agreed by the Business Participant, Cash Rewards are calculated based on the net amount of Card purchase. In the event of a conflict between a Business Participant’s current offer and information in Cash Rewards promotional material, the Business Participant’s current offer at the time of purchase shall be honored. 

If merchandise is returned after making a qualifying purchase at a Business Participant, the Business Participant’s Cash Reward earned on the original purchase may be reversed from Consumer’s registered account or may be applied to future purchases at Program’s sole discretion. If Consumer returns merchandise, or cancels a purchase of merchandise or services, that Business Participant’s return policy will dictate any reversal of earned Cash Rewards. 

2. Consumer Eligibility. Consumer must maintain and use a valid Card to participate in the Program. Consumer may opt out of participation in the Program at any time — see Section 7 and Section 14 below. 

3. Participating Businesses. The list of participating Business Participants may change from time to time without prior notice, and is accessible, along with Program information through the Towny Rewards App. 

4. Available Cash Rewards. Consumers earned Cash Rewards are available at and on the Towny Rewards App, and this information is updated on a daily basis, with updates scheduled for the early hours of the morning; however, Business Participants can change their offers at any time and an offer may change between the time Consumers view the mobile site and when conducting a transaction at the Business Participant. Roll Forward assumes no obligation for ensuring that Business Participant’s advertising or Cash Reward information is complete, current or accurate. Business Participant Cash Rewards are subject to change at any time without prior notice from us. 

5. Program Limitations. Certain Business Participants may not accept all types of Cards, may have blackout periods, days or hours when Cash Rewards are not offered, may limit the number and/or amounts of Cash Rewards, may require a minimum purchase for a Cash Reward, or may not offer Cash Rewards on certain types of transactions (e.g., the purchase of gift certificates). Cash Rewards will not be available where restricted or prohibited by law (e.g., gambling, discounts on alcohol or tobacco, etc.). 

Cash Rewards are not available in connection with: purchases at Business Participants or at Business Participants locations not participating in the Program at the time of the transaction; purchases not submitted and processed through an authorized processor; the cash-back portion of any purchase; ATM transactions; purchases made with cash, checks, coupons or other non-qualifying methods; Internet purchases, unless at participating online Business Participants; purchases otherwise not eligible in accordance with Business Participant Cash Rewards terms and conditions at the time of purchase; or any transaction violating any federal, state or local law. 

Other than conditions set by individual Business Participants, there is no limit to the amount of Cash Rewards Consumers may earn. 

6. Reward Information. We may provide you with information about your earned Cash Rewards, and about available Cash Rewards and participating Business Participants, by means of e-mail or notifications. For Consumers with multiple cards issued on the same account, we may send this information to both the primary account holder and to individual cardholders. 

7. Rewards. Cash Rewards will automatically be credited to a Consumer’s Towny Rewards App account generally within 5 business days. Cash Rewards paid by the Business Participants will be credited to the Consumer’s Towny account associated with the Card used to make the qualifying purchase. Once the amount of earned rewards reaches ten dollars ($10 USD) or more, the Consumer can have the funds deposited to Consumer’s account at Consumer’s Financial Institution that is associated with the Card by clicking the “Collect” button in the Towny App. 

Switching Accounts. Should Consumer want to switch their Towny account to be associated to a different account at a Participating Financial Institution, Consumer must update and link the Card issued on the account they are switching to in the Settings tab in the Towny App. Please allow up to 5 businesses for the switch to take effect. 

Closing accounts. PRIOR to closing the bank account associated with Consumer’s enrolled Card, the Consumer must have any earned Cash Rewards deposited to the Consumer’s account at Consumer’s Financial Institution. Any remaining Cash Rewards are forfeited once the account is closed. 

Opting Out. PRIOR to Opting Out the Consumer must have any earned Cash Rewards deposited to the Consumer’s account at Consumer’s Financial Institution. Any remaining unclaimed Cash Rewards are forfeited once the Consumer Opts Out—See Section 14 below. 

If for any reason we cannot deposit the Cash Rewards balance to the Consumer’s account at Consumer’s Financial Institution, then the Consumer forfeits said balance. 

8. Program Costs. There is no out-of-pocket cost to Consumers for enrolling in the Program. 

9. Limitation of Liability. 

UNDER NO CIRCUMSTANCES WILL ROLL FORWARD OR ANY PARTICIPATING FINANCIAL INSTITUTION BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE MOBILE APP OR ANY PORTION THEREOF, REGARDLESS OF WHETHER ROLL FORWARD HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE MOBILE APP (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE MOBILE APP) IS PROVIDED "AS IS" AND "AS AVAILABLE". ROLL FORWARD AND PARTICIPATING FINANCIAL INSTITUTIONS AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE MOBILE APP. ROLL FORWARD AND PARTICIPATING FINANCIAL INSTITUTIONS AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE MOBILE APP, INCLUDING ANY IMPLIED WARRANTIES OF BUSINESS ABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ROLL FORWARD AND PARTICIPATING FINANCIAL INSTITUTIONS WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS MOBILE APP, OR FOR THE INCOMPATIBILITY BETWEEN THIS MOBILE APP AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL ROLL FORWARD BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND ROLL FORWARD'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. 

10. No Warranties. This Program is provided on an “as is” and “as available” basis. Neither Roll Forward nor Participating Financial Institutions (a) endorse any Business Participant; (b) make any express or implied warranty regarding any Business Participant’s goods or services, including (without limitation) any warranty of Business ability or fitness for a particular purpose; (c) assume responsibility for any Business Participant’s obligation to Consumers, including the payment of any Cash Reward advertised or offered by the Business Participant; or (d) guarantee the performance of any Business Participant under the Program. 

Roll Forward and Participating Financial Institutions do not warrant the accuracy, adequacy, or completeness of the information and materials contained on the mobile app and expressly disclaims liability for errors or omissions in the materials and information. 

Roll Forward and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in mobile app, any incompatibility between the mobile app and the Consumer’s files and the Consumer’s browser or other site accessing Program, or any other problems experienced by the Consumer due to causes beyond Roll Forward and its affiliates’ control. No license to the Consumer is implied in these disclaimers.

Neither Roll Forward nor its affiliates operate or control the products, services or Cash Rewards offered by Business Participants. Business Participants are solely responsible for the funding of Cash Rewards. 

11. Third Party Internet Websites: The Program website contains links to Business Participants’ websites and other third party websites. These links are provided as a convenience only. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Roll Forward of any information contained in any Business Participant’s website or other third party website. In no event will Roll Forward be responsible for the information contained in, or products or services purchased on, a Business Participant website or other third party website, or for Consumer use of or inability to use such website. Access to any other website linked to the Program website is at Consumers own risk. Consumers should be aware that linked websites may contain terms and privacy policies that are different from those of the Program. Roll Forward is not responsible for such provisions, and expressly disclaim any liability for them. 

12. Enforceability. Roll Forward’s failure to exercise any of our rights under these Terms and Conditions will not constitute a waiver of any other rights or the same rights in the future. If any provision of these Terms or Conditions is found to be unenforceable, all other provisions will remain in full force. 

13. Tax Liability. Any taxes related to or arising out of participation in the Program are Consumer’s sole responsibility. 

14. Opting Out. If Consumers no longer wish to participate in the Program, Consumers can “opt out” by emailing our Customer Service Department at support@towny.com. We will delete their Program account and disassociate their account number. Please review our Privacy Policy. 

15. Notifications. Consumers agree that Card usage in the Program will be used to message offers and other Program information. “Towny App Notifications” are in App messages about the Consumer’s activity. “Towny Network Messages” are messages about Business Participants. If Consumers do not want to be notified about various aspects of the Program, Consumers can change their particular notification settings within the Towny Rewards App to “off” in the Settings tab. 

16. 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. 

17. 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. 

18. Amendment. Roll Forward 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. 

19. Termination. Roll Forward 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. Consumer’s account will be terminated for “non-use,” defined as either not opening the App or using Card at a Participating Business, within a 365 day period. If Roll Forward terminates the Program or Consumer’s participation in the Program, any earned Cash Rewards paid by Business Participants will be credited to Consumer’s account, as described above. 

20. Unauthorized Use. Unauthorized use of Towny Rewards App and systems, including but not limited to unauthorized entry into Roll Forward’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. 

21. Copyright. All copy made using the creativity, illustrations, labor, composition, or materials furnished by Roll Forward, 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 update: October 2, 2017