TOWNELINK TERMS OF USE

Townelink is a service of Lynest, LLC. Both “Terms of Use” and “Privacy Policy” provided by Townelink by default includes and protects Lynest, LLC. 

(Effective as of March 12th 2018)

The following Terms of Use apply when you view or use Townelink via our website located at www.townelink.online or by accessing Townelink through clicking on the application (the “App”) on your mobile device.  Please review the following terms carefully.  By accessing or using Townelink, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use Townelink.  

PRIVACY POLICY

Townelink respects the privacy of its Townelink users. When you access or use Townelink, you signify your agreement to this Privacy Policy.

ABOUT TOWNELINK

Townelink allows you to create a profile, submit issues, and comment on them.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF TOWNELINK

You need to be at least 16 years old to register for and use Townelink.

If you are a user who signs up for Townelink, you will create a personalized account which includes a unique username and a password to access Townelink and to receive push notifications.  You agree to notify us immediately of any unauthorized use of your password and/or account. Townelink will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS.

Your permission to use the App is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

·    post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

·    use Townelink for any unlawful purpose or for the promotion of illegal activities;

·    attempt to, or harass, abuse or harm another person or group;

·    use another user’s account without permission;

·    provide false or inaccurate information when registering an account;

·    interfere or attempt to interfere with the proper functioning of Townelink;

·    make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

·    bypass any robot exclusion headers or other measures we take to restrict access to Townelink or use any software, technology, or device to scrape, spider, or crawl Townelink or harvest or manipulate data; or

·    publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via Townelink.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Townelink, however, reserves the right to remove any User Content from Townelink at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using Townelink, you agree as follows:

·    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

·    You will not post information that is malicious, false or inaccurate;

·    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

·    You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of Townelink is solely your responsibility.  Townelink is not responsible for any public display or misuse of your User Content.  Townelink does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with Townelink.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through Townelink, but not directly by Townelink, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  Townelink does not guarantee the accuracy, completeness, or usefulness of any information on Townelink and neither does Townelink adopt nor endorse, nor is Townelink responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Townelink.  Townelink takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over Townelink.  Under no circumstances will Townelink be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Townelink, or transmitted to users.

Though Townelink strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  Townelink reserves the right, but has no obligation, to monitor the materials posted in the public areas of Townelink or to limit or deny a user’s access to Townelink or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  Posts sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.]  Townelink shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of Townelink, please contact us at contact@Townelink.com.

LICENSE GRANT

By posting any User Content via Townelink, you expressly grant, and you represent and warrant that you have a right to grant, to Listaven a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Townelink.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Townelink, including applicable copyrights, trademarks and other proprietary rights.  Other product and company names that are mentioned on Townelink may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE 

Communications made through Townelink's e-mail and messaging system, will not constitute legal notice to Townelink or any of its officers, employees, agents or representatives in any situation where notice to Townelink is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Townelink in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Listaven provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about Townelink and special offers. You may opt out of such email by changing your account settings or sending an email to contact@Townelink.com.

Opting out may prevent you from receiving messages regarding Townelink or special offers.

WARRANTY DISCLAIMER

Townelink, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Townelink EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING Townelink INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Townelink MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF Townelink WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM Townelink. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Townelink, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE Townelink; (C) Townelink GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE Townelink AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH Townelink OR ANY OTHER USER OF Townelink, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Townelink HAS 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 LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site /App from time to time to view any such changes in the Agreement.  If you continue to use the Site/App, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of Townelink's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Townelink.  No purported waiver or modification of this Agreement by Townelink via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Townelink to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Townelink must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site/App are governed by the federal laws of the United States of America and the laws of the State of Ohio, without regard to conflict of law provisions.

Townelink may assign or delegate these Terms of Service and/or the Townelink's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Townelink's prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT www.Townelink.com/Privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.