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.
This Consumer Agreement specifies the terms and conditions of your (“Consumer”) participation in the Towny Rewards Program (“Program”). The Program offers rewards (“Rewards”) to participating Roll Forward business participants (“Business Participant”).
1. How the Program Works. Consumers must enroll in the Program to redeem offers and deals presented in the Towny App.
2. 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.
3. Available Offers. 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 information is complete, current or accurate.
4. Program Costs. There is no out-of-pocket cost to Consumers for enrolling in the Program.
5. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL ROLL FORWARD 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 THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE MOBILE APP. ROLL FORWARD 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 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.
6. No Warranties. This Program is provided on an “as is” and “as available” basis. Neither Roll Forward (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 any offer advertised by the Business Participant; or (d) guarantee the performance of any Business Participant under the Program.
Roll Forward does 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.
7. 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.
8. 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.
9. Tax Liability. Any taxes related to or arising out of participation in the Program are Consumer’s sole responsibility.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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: February 11, 2021