Terms of Service – Townsquare

TERMS OF SERVICE

Last Modified: July 6, 2023

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and Sley, LLC, d/b/a TownSquare, and its affiliates, representatives, members, managers, and officers (collectively, “TownSquare”) governing your access and use of TownSquare’s personalized, multipurpose, digital marketplace platform (the “TownSquare Platform”) and any related content or services, including mobile and/or web-based applications (“Applications” and together with the TownSquare Platform, the “Services”).

Please read these Terms of Service carefully before you start to use the Services. BY A USING THE SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. If you do not want to agree to these Terms of Service, you must not access or use the Services.

PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND TOWNSQUARE, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 2 BELOW. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. PLEASE REVIEW THE ARBITRATION AGREEMENT IN SECTION 2 CAREFULLY, AS IT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH TOWNSQUAHE ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Notwithstanding the foregoing, if you choose, now or in the future, to provide delivery, vendor, or other services to TownSquare (collectively, “Third-Party Services”), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with Townsquare or its affiliates regarding such Third-Party Services (e.g., a Delivery Services Agreement, a Vendor Agreement, and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with TownSquare regarding Third-Party Services conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

The Services are offered and available to users who eighteen (18) years of age or older and reside in the Commonwealth of Virginia. By using the Services, you represent and warrant that you are of legal age to form a binding contract with TownSquare and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Termination or Modification of the Terms of Service

TownSquare may, in its sole discretion, immediately terminate these Terms of Service or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

TownSquare reserves the right to modify these Terms of Services at any time, effective immediately upon posting of an updated version of these Terms of Service through the TownSquare Platform or Applications. You continued use of the Services following the posting of modified Terms of Service means that you accept and agree to such modifications. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

The Services

The Services enable you and other consumers to find, request, or receive (i) Third-Party Services from third party service providers, including but not limited to vendors and delivery persons (“Third-Party Providers”); (ii) related personalized content, including features, recommendations, and advertisements for products or services tailored to your needs and interests; and (iii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing, and customer support. Unless otherwise agreed by TownSquare in a separate written agreement with you, these Services are made available solely for your personal, noncommercial use.

Once you make a request, TownSquare notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider may complete your request. A Third-Party Provider decides whether to offer Third-Party Services to you, and you decide whether to accept such services from a Third-Party Provider. Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. If TownSquare is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.

TOWNSQUARE IS NOT A COMMON CARRIER AND DOES NOT TRANSPORT YOUR GOODS. GENERALLY, THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH TOWNSQUARE AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF TOWNSQUARE IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR OTHER EFFORT UNDERTAKEN BY TOWNSQUARE TO FACILITATE YOUR RECEIPT OF THIRD-PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE LAW OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP BETWEEN TOWNSQUARE AND A THIRD-PARTY PROVIDER.

Accessing the Services and Account Security

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to TownSquare certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method that you are authorized to use and is supported by TownSquare. For more information regarding TownSquare’s use of your personal information, please see our Privacy Policy. You agree to maintain accurate, complete, and up-to-date information in your Account. Unless otherwise permitted by TownSquare in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity.

Except as described below, the Services are generally not available for use by persons under eighteen (18) years old. You may not authorize third-parties to use your Account, and you may not allow persons under eighteen (18) years old to use the Services unless they are accompanied by you or an adult. However, TownSquare may offer parents and guardians the ability to create Accounts on behalf of their children. If you are a parent or legal guardian, and you allow your child to use the Services, then these Terms apply to you and you are responsible for your child’s activity on the Services. If you are under the age to obtain an Account, you must have your parent or legal guardian’s permission to use an Account and accept any additional terms required in connection with your access and use of the Services as a minor.

Notwithstanding the foregoing, all alcohol listings through the Services are intended for users at least twenty-one (21) years of age only. You must be at least twenty-one (21) years of age to purchase alcohol, or use any part of the Services related to alcohol.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. TownSquare does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. TownSquare is not responsible for any delays, delivery failures, or damage, loss, or injury resulting from such problems.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other security information. You agree to notify TownSquare immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

TownSquare retains the right to disable any user name, password, or other identifier, whether chosen by you or provided by TownSquare, at any time in TownSquare’s sole discretion for any or no reason, including if, TownSquare believes you have violated any provision of these Terms of Service.

Intellectual Property Rights

The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain TownSquare’s property or the property of TownSquare’s licensors. These Terms of Service are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by TownSquare, except for the limited license granted below.

Subject to your compliance with these Terms of Service, TownSquare grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications solely in connection with your use of the Services on your personal devices; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are expressly reserved by TownSquare and its licensors. You agree that you will not use TownSquare’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from TownSquare. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by TownSquare; (iii) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Notwithstanding the foregoing: (i) your computer may temporarily store copies of the above materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may download a single copy of the Applications to your computer or mobile device solely for your own personal, non-commercial use; (iv) you may print or download one (1) copy of a reasonable number of pages of the Applications for your own personal, non-commercial use and not for further reproduction, publication, or distribution;

If you violate any terms of this section, your right to use the Services will stop immediately and you must, at TownSquare’s option, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

“TownSquare,” the TownSquare logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of TownSquare, its affiliates, or their respective licensors. You must not use such marks without the prior written permission of TownSquare. All other names, logos, product, and service names, designs, and slogans on the TownSquare Platform are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the “Content Standards” set out in these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material without TownSquare’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate TownSquare, a TownSquare employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To cause nuisance, annoyance, inconvenience, damage, or loss to TownSquare, a Third-Party Provider, or any other users of the Services.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of TownSquare, or which, as determined by us, may harm TownSquare, a Third-Party Provider, or any other users of the Services, or expose any of the foregoing to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the TownSquare Platform or Applications, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the TownSquare Platform or Applications.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the TownSquare Platform or Applications.
Use any manual process to monitor or copy any of the material on the TownSquare Platform or Applications, or for any other purpose not expressly authorized in these Terms of Service, without TownSquare’s prior written consent.
Use any device, software, or routine that interferes with the proper working of the TownSquare Platform or Applications.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the TownSquare Platform or Applications, the server on which the foregoing is stored, or any server, computer, or database connected to the foregoing.
Attack the TownSquare Platform or Applications via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the Services.

Communications with TownSquare

By creating an Account, you electronically agree to accept and receive communications from TownSquare, Third-Party Providers, or third parties providing services to TownSquare including via email, text message, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to TownSquare.

In the event you use part of the Services that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of the services you request; the transportation, logistics and/or delivery requested; and the associated charges for such services. You acknowledge that such data sharing is a condition of use of any such TownSquare product or service.

User Contributions

The Services may contain interactive features, including but not limited to feedback and ratings systems, for you, Third-Party Providers, and other users of the Services to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the TownSquare Platform or Applications.

All User Contributions must comply with the “Content Standards” set out in these Terms of Service.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant TownSquare and its affiliates and service providers, and each of their respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to TownSquare and its affiliates and service providers, and each of their respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TownSquare, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

TownSquare is responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

TownSquare has the right to, in its sole discretion:

Remove or refuse to post any User Contributions for any or no reason.
Take any action with respect to any User Contribution that it deems necessary or appropriate, including if it believes that such User Contribution violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for TownSquare.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, TownSquare has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Services. YOU WAIVE AND HOLD HARMLESS TOWNSQUARE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, TownSquare does not undertake to review material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, TownSquare assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. TownSquare has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented through the Services is made available solely for general information purposes. TownSquare does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. TownSquare disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

The Services may provide content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TownSquare, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TownSquare. TownSquare is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

TownSquare may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any content may be out of date at any given time, and TownSquare is under no obligation to update such material.

Information About You and Your Visits to the Website

All information collected through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by TownSquare with respect to your information in compliance with the Privacy Policy.

Payment

Your use of the Services may result in charges to you for the services or goods you receive from TownSquare and/or from Third-Party Providers (“Charges”). Prices displayed to you when purchasing goods through the Services are provided by the Third-Party Providers and may be inclusive of retail prices charged by the Third-Party Provider and fees paid to TownSquare. TownSquare will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, return fees, cancellation fees, government-mandated fees (such as bag fees), and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and TownSquare will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall be considered to occur at the moment you submit payment through TownSquare. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. A Third-Party Provider also retains the right to request higher Charges from you for services or goods provided. For example, a Third-Party Provider that is a vendor may collect lower or higher Charges where the actual goods provided differ from the products originally requested, including in connection with differences in quantity, weight, or item type. Subject to requests from you to lower such Charges from a Third-Party Provider, you agree to pay such higher or lower Charges associated with such product differences. TownSquare will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.

There also may be certain Charges you incur that will be owed and paid directly to TownSquare or its affiliates. For the avoidance of doubt, TownSquare does not charge a fee for you to access the Services, but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not indicated in the TownSquare Platform or Applications, the prices for product or menu items displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same product or menu items, including as may be offered or published at a physical location operated by a Third-Party Provider, and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the Services may not be the lowest prices at which the product or menu items are sold. The product or menu item prices displayed through the Services or fees charged by and paid to TownSquare may vary based on whether you choose to pick up your order or have it delivered.

All Charges and payments will be enabled by TownSquare using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that TownSquare may use another available payment method in your Account. TownSquare will publish acceptable payment methods through the TownSquare Platform and may update same from time to time.

As between you and TownSquare, TownSquare reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. TownSquare will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Refunds

Charges paid by you are final and non-refundable, unless otherwise determined by TownSquare and the Third-Party Provider assessing the Charge. Notwithstanding the foregoing:

In the event that a Third-Party Provider providing delivery services to you through the TownSquare Platform fails to complete delivery by the scheduled delivery date, and such failure is related to issues within the control of TownSquare or a Third-Party Provider, TownSquare will refund the delivery fees paid by you for that particular delivery.
In the event that a Third-Party Provider providing delivery services to you through the TownSquare Platform delivers damaged, incomplete, or otherwise reasonably satisfactory goods, and such inadequacy is related to issues within the control of TownSquare or a Third-Party Provider, TownSquare will refund all amounts paid by you for that particular delivery as well as the retail price paid by you for the damaged, incomplete, or otherwise reasonably satisfactory good(s).

If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please initiate such requests within thirty (30) days after the Charge took place or TownSquare will have no further responsibility and you waive your right to later dispute the amounts charged.

Promotional Offers

Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

Tips

Except for amounts provided by you through the Services as part of the “tip” feature, TownSquare does not designate any portion of your payment as a tip to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a tip to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so.

Damage, Cleaning, Lost and Found, and Charges for Violation of Terms

TownSquare may charge you a fee on behalf of Third-Party Providers if, during your use of the Services, you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or “Cleaning”). The amount of such fee shall be determined, in TownSquare’s sole discretion, based on the type of damage and the severity. TownSquare reserves the right to verify or otherwise require documentation of damages prior to processing a fee. In the event that a Repair or Cleaning request is verified by TownSquare in TownSquare’s sole discretion, TownSquare reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by TownSquare to a Third-Party Provider, if applicable, and are non-refundable. Additionally, if you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

External Links

If the TownSquare Platform or Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. TownSquare has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked in the TownSquare Platform or Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

Geographic Restrictions

TownSquare is based in the Commonwealth of Virginia in the United States. TownSquare provides for use only by persons located in the Commonwealth of Virginia. We make no claims that the Services are accessible or appropriate outside of the Commonwealth of Virginia. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the Commonwealth of Virginia, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOWNSQUARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOWNSQUARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

TOWNSQUARE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE TOWNSQUARE FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

TOWNSQUARE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTRIBUTIONS OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.

TOWNSQUARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOWNSQUARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TOWNSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, TOWNSQUARE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF TOWNSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOWNSQUARE WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TOWNSQUARE’S REASONABLE CONTROL.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT TOWNSQUARE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless TownSquare, its affiliates, licensors, and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Services other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state courts of the Commonwealth of Virginia located in the City of Harrisonburg or the County of Rockingham, although TownSquare retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in a different jurisdiction in which you reside. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At TownSquare’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration applying Virginia law. All such disputes will be resolved by one (1) arbitrator with substantial experience in the technology and commercial industries selected within reason and good faith by TownSquare. All disputes will be resolved on an individual basis and you will not have the right to arbitrate on a class action basis any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms of Service or the Services. The arbitrator will have the authority to allocate between you and TownSquare the costs of arbitration (including service fees, arbitrator fees, reasonable attorneys’ fees, expert witness fees, and all other fees and expenses related to the arbitration) in such equitable manner as the arbitrator may determine. Judgment on the arbitrator’s award will be final and binding, and may be entered in any court having jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by TownSquare of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TownSquare to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service, our Privacy Policy, and any agreements you may have with Townsquare or its affiliates regarding Third-Party Services provided by you constitute the sole and entire agreement between you and TownSquare regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

This website is operated by Sley, LLC, d/b/a TownSquare, with a principal office address located at 639 Silver Lake Road, Dayton, Virginia, 22821.

All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: sleytownsquare@gmail.com.