Towne Platform Terms of Use

Updated: 2/3/2026

These Terms of Use specify the terms and conditions governing your access and use of Towne Park, LLC’s (“Towne,” “we,” “our,” or “us”) and its affiliates’ websites (including www.towne.com, www.townepark.com, keepaspace.com, snagaspace.com), mobile sites, mobile applications, software, and tools, and your purchases from us where these Terms of Use appear or are linked (collectively, the “Platform”). Our Platform provides services and products offered by us from time to time, including, without limitation, payment services, e-commerce, products, product fulfillment, customer support, email, messaging, and all related services (collectively, the “Services”). You, as a visitor to and/or user of any of the Platform or Services, along with any company and/or other person that you represent, are referred to herein collectively as “you” or “your.”Your access to and use of the Platform and Services is conditioned upon your acceptance of and compliance with these Terms of Use and Privacy Policy (collectively, the “Terms”). These Terms constitute a binding legal agreement between you and us. The Terms apply to all visitors, users, and others who access the Platform or Services. By continuing to view, access, or use our Platform or Services, submitting information and/or payments through the Platform or Services, or purchasing any products available for sale on the Platform, you agree to be bound and abide by our Terms. If you do not agree to the Terms, you must immediately cease accessing and/or using the Platform and our Services.

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER. DETAILS OF THESE PROVISIONS ARE EXPLAINED BELOW.

YOU HEREBY KNOWINGLY AND VOLUNTARILY AGREE THAT, UNLESS OTHERWISE STATED, ALL DISPUTES BETWEEN YOU AND TOWNE WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND THAT YOU WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. YOU ALSO KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE TERMS THEMSELVES.

Changes to Terms

We reserve the right to revise the Terms at any time. If we make such revisions, we will provide notice by posting the updated terms and conditions on the Platform or contact you via another method, such as email or postal mail to contact information you have provided to us. We recommend you review the Platform periodically. Without limiting the foregoing, Towne may, from time to time, elect in its sole discretion, to notify you of any changes regarding the Terms, Platform, Services, or any other information through electronic mail to your email address on file with Towne, via your Account with Towne, postal mail, or any other communication method we deem proper.

By continuing to access or use the Platform or Services after any revisions are posted to the Platform, you agree to be bound by the revised terms and conditions. If you do not agree to the revised terms and conditions, you are no longer authorized to access or use the Platform or Services and must immediately discontinue access and use.

Online Account

When you register for or create an online account on the Platform (“Account”), you represent and warrant that you are at least 18 years old or the age of majority in your state of residence (whichever is older), or if below the age of majority, you represent that you have your parent or guardian’s permission to use the Platform and Services and that your parent or guardian is agreeing to the Terms, and that all of the information you provide to us is accurate, complete, and current at all times. Any use of the Platform or Services by anyone under thirteen (13) years of age is strictly prohibited and in violation of the Terms. If you provide inaccurate, incomplete, or outdated information, we may immediately terminate your Account and access to the Platform and Services, with or without notice.

You are responsible for maintaining the confidentiality of your Account, along with any username and/or password that you create or that we may assign to you. We shall not be liable for unauthorized access to your Account. You accept full responsibility for any actions or inactions by persons to whom you grant access to your Account. Furthermore, you agree to accept responsibility for any and all activities or actions that occur under your Account. You must notify us immediately upon becoming aware of any security breach or unauthorized use of your Account.

Mobile Applications

Subject to the terms of this Terms of Use, we grant you a limited, non-exclusive, and nontransferable license to download, install, and use our mobile application (“App”) for your use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation.

You shall not: (i) copy the App, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; or (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.

We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You will promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms of Use.

If you obtain the App through the Apple App Store then the following applies:

  • You and we agree that these Terms of Use are between you and us, and Apple Inc. and its subsidiaries (collectively “Apple”) are not a party to these Terms of use. Apple is not response for the App or any content in the App.
  • Your license to use the App is limited to use on any Apple-branded products that you own or control.
  • Apple has no obligations whatsoever to furnish and maintenance or support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price (if any) of the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Apple has no liability or responsibility for any claims by you or any third party relating to the App or your possession or use of the App.
  • Apple is a third party beneficiary of these Terms of Use, and upon your acceptance of these Terms of Use or your use of the App, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.

Parking Facilities

Parking facilities are owned by third parties. You are responsible for complying with applicable laws, regulations, rules, and ordinances established by the parking facility, or otherwise applicable in relation to the parking facility where your vehicle is parked. You must adhere to all parking restrictions (e.g., no parking signs). Towne is not responsible or liable the services offered by third parties in connection with parking lots.

From time to time, a parking facility may be temporarily closed, or access may be otherwise restricted due to maintenance, construction, special events, or other operational or property-related needs. Towne will use commercially reasonable efforts to provide reasonable notice of any scheduled closure or access restriction to active monthly parkers via email or other reasonable means of communication. It is your sole responsibility to remove your vehicle from the parking facility prior to the commencement of any scheduled closure or access restriction. Any vehicle that remains on-site after the designated time may be towed or otherwise removed at the vehicle owner’s expense, without further notice. Towne shall not be liable for any loss, damage, cost, or inconvenience arising from your failure to remove your vehicle prior to a closure or access restriction.

Parking Sessions

When you use our Services for parking your vehicle (“Parking Session”), you are responsible for ensuring information related to your parking session is entered correctly when using our Services, including identifying the relevant parking facility, zone, vehicle, license plate number, phone number, email, payment information, and any other required information, regardless of whether the information is requested through the Platform or other Towne devices or equipment. By providing Parking Session information about any vehicle, you represent and warrant that you have the right to share information about that vehicle, that anyone operating the vehicle is a properly licensed and insured driver per applicable law, and that the vehicle is registered and insured per applicable law. You are responsible for obtaining and maintaining vehicle insurance that meets or exceeds the requirements of applicable laws and any applicable vehicle lease or other agreements. Towne provides no vehicle insurance or other insurance of any kind.

By using our Services you agree to: (i) park the vehicle in the parking space without obstructing any adjoining or nearby parking spaces or property; (ii) immediately notify us of any damage to the parking space, any person, or any other vehicles or property that occurs during the Parking Session; (iii) not do anything which is a nuisance, annoyance, inconvenience, or disturbance to others using our Services; (iv) not conduct any illegal or immoral activity while using our Services; and (v) not use the parking space for any purpose other than for parking. You agree and acknowledge that the parking space is for personal use only, and that by using our Services, you do not acquire any rights to the parking facility or parking space beyond its short-term use. In no event are you permitted to sublease, rent, permit access to, or otherwise receive any commercial gain from the parking facility or parking space, or permit any other person, vehicle, or property to utilize the parking space.

We are not responsible for events outside of our control, including, without limitation, road closures or changing traffic conditions. Our Services may be used by you to schedule or reserve parking spaces, but you agree that we have no responsibility or liability to you related to any other individuals or vehicles using our Services other than as expressly set forth in these Terms. We are under no obligation to participate in disputes between you and another user of our Services. By using the Services, you acknowledge and agree that your use of the Services is at your own risk and judgment.

Pricing and Payment

You are responsible for all charges, fees, and taxes incurred in connection with your Parking Session presented to you at the time of payment or otherwise communicated to you. Towne may offer multiple options when you use the Services, including Parking Sessions on an hourly, daily, or monthly basis. You expressly authorize Towne to use your payment information for your use of our Services. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You may need to provide additional information to verify your identity before completing your payment. Prices, fees, and payment terms related to our Services may change.

Refunds

All payments for Parking Sessions are non-refundable and non-transferable except as expressly provided in these Terms.

Autorenewing Subscription Services

We may offer Services that are billed on an automatically renewing basis (“Subscriptions”), for example, on a monthly basis. If you enroll in a Subscription, you agree that your provided payment method may be charged in advance on a recurring billing cycle at the frequency of your selected Subscription service, with automatic renewal at the end of each billing cycle unless and until you cancel through the Platform. Any changes to fees for Subscriptions will take effect at the start of a new billing cycle. Towne will provide you with reasonable prior written notice of any change in fees to give you the opportunity to cancel your Subscription before the change takes effect. Please review the specific Subscription terms and conditions for further details.

Commercial Use Prohibited

Unauthorized commercial publication or exploitation of our Platform or Services, including, without limitation, text, images, documents, materials, or any other content (“Content”) is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than personal use, you must obtain our express written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis. Without limitation of the foregoing, you agree that you may not sell, convey, license, sublicense, or resell or attempt any Content. By way of example and not limitation, you may not resell any parking session to a third party without our express written permission. If such resale is discovered, your Account may be suspended or revoked, and any existing Parking Sessions may be voided without refund.

Intellectual Property

The Platform contain various types of intellectual property, including, but not limited to, photographs, videos, graphics, text, data, software, music, sound/audio, logos, trademarks, trade names, service marks, copyrights, and other materials appearing on the Platform (collectively, “Intellectual Property”) that are either owned by Towne or used with permission. We grant you a limited, revocable, non-exclusive license to use the Platform solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use in accordance with these Terms.

You are expressly prohibited from using any of our Intellectual Property without the express written consent of Towne or its licensors. Except as otherwise stated in these Terms of Use, none of our Intellectual Property may be resold, reproduced, distributed, duplicated, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Towne, and/or the appropriate licensor. You obtain no ownership rights in the Platform or any content contained therein by creating an Account.

User Content

By providing any information or other content to us directly or indirectly, for example by communicating, uploading, or posting to our Platform, third parties’ websites, and/or on social media platforms, you represent and warrant that all such information (“User Content”) is truthful, accurate, complete, and lawful. You further represent that all User Content is owned by you and that your provision of the User Content does not violate any law or regulation or the rights of any third party, including, without limitation, intellectual property, publicity, and privacy rights. You agree to promptly inform us of all changes to any User Content or information or content that you have previously provided to us.

We reserve the right, but assume no obligation to, immediately terminate, with or without notice, the Account of anyone suspected or found to be infringing on our or any third party’s intellectual property. Additionally, by providing User Content, you expressly consent to our use of such User Content and our use of it for marketing purposes consistent with our Privacy Policy.

You are solely responsible for the security and privacy of any User Content that you disclose, download, or copy, whether provided by you or a third party. We take no responsibility and assume no liability for User Content provided by you or any third party. We reserve the right, but not the obligation, to monitor, edit, or remove any and all User Content provided by you or any third party for any reason. We also reserve the right to use, copy, and share any User Content provided by you to promote and/or test the integrity, availability, and confidentiality of the Services.

NOTHING HEREIN SHALL WAIVE YOUR RIGHT TO MAKE ANY STATEMENT REGARDING TOWNE, OUR EMPLOYEES OR AGENTS, OR CONCERNING OUR PLATFORM OR SERVICES.

Third-Party Services

We may, from time to time, provide access to various third-party websites, links, content, information, activities, or services via our Platform or Services that we do not own or control (collectively, “Third-Party Services”). Information transmitted to and/or received by you via Third-Party Services is subject to such third party’s control, ownership, privacy policies, other policies, and terms. Any information transmitted to any Third-Party Services via the Platform or Services shall also be subject to our Terms.

YOUR ACCESS OR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK, AND TOWNE SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE CONTENT OR BEHAVIOR OF ANY THIRD-PARTY SERVICES.

We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, or practices of any Third-Party Services. We do not make any warranties regarding the offerings or actions of any of these entities or individuals, or their websites or other services. Information that you provide via any Third-Party Services may be subject to such third party’s control, ownership, privacy policies, other policies, and terms, in addition to our policies, to the extent permitted by applicable law.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your access or use of, or reliance on any content, action, goods, or services available on or through any such Third-Party Services.

Privacy Policy

By continuing to view, access, or use the Platform and/or Services, you acknowledge and agree to our Privacy Policy, which is incorporated herein by reference. Please see our Privacy Policy regarding the collection, storage, transmission, or disclosure of information related to our Platform and Services.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOWNE AND ITS EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, COSTS AND EXPENSES), RESULTING FROM OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS, ANY LAW OR REGULATION, AND/OR THE RIGHTS OF ANY THIRD PARTY.

Limitations of Liability; Disclaimers of Representations and Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOWNE OR ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SUCCESSORS, ASSIGNS, AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY VIA THE PLATFORM AND/OR SERVICES; (C) ANY CONTENT OBTAINED FROM THE PLATFORM AND/OR SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS TO OR FROM THE PLATFORM AND/OR SERVICES; AND (E) YOUR USE OF ANY PRODUCT PROVIDED TO YOU BY TOWNE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE 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.

YOUR ACCESS AND USE OF THE PLATFORM AND SERVICES ARE AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE PLATFORM AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, BEYOND THOSE EXPRESSLY ON THE FACE OF THE PLATFORM AND THE SERVICES.

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

ARBITRATION AGREEMENT

Using or accessing the Platform and/or Services constitutes your acceptance of this Arbitration Agreement (“Arbitration Agreement“). Please read it carefully as it provides that you and Towne waive any right to file a lawsuit in court or participate in a class action for matters within the scope of the Arbitration Agreement.

Scope of Arbitration Agreement

ALL DISPUTES, CONTROVERSIES, OR CLAIMS (“DISPUTES“) ARISING OUT OF OR RELATED TO THE TERMS (INCLUDING ANY QUESTION REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION), ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TOWNE AND/OR ANY OF ITS CORPORATE AFFILIATES, YOUR PURCHASE(S) FROM TOWNE, YOUR COMMUNICATIONS WITH TOWNE (WHETHER DIRECTLY OR THROUGH A THIRD PARTY), AND/OR YOUR VISIT OR USE OF THE PLATFORM OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR. YOU AGREE THAT TOWNE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY EXCEPT THAT (A) YOU MAY SEEK RELIEF IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY AND (B) YOU OR TOWNE MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES, TRADE SECRETS AND PATENTS). YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS BUT MAY BE CONSOLIDATED WITH OTHER ARBITRATIONS PURSUANT TO THE JUDICIAL ARBITRATION MEDIATION SERVICES, INC. (“JAMS“) RULES CITED BELOW. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION AND CLASS ARBITRATION. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS OF USE PRECLUDES YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES.

Governing Law

The Federal Arbitration Act, codified at 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Arbitration Agreement. In all other respects, the laws of the State of Maryland shall control (without regard to conflicts of law principles) the interpretation and enforcement of this Arbitration Agreement and these Terms unless applicable law requires otherwise.

Pre-Arbitration and Arbitration Procedures and Rules

If you have a Dispute, you agree to first contact us by email at [email protected] to attempt to resolve the Dispute informally. If the Dispute cannot be resolved through such informal process or through negotiation within sixty (60) days, you and Towne agree to resolve the Dispute through binding and final arbitration pursuant to this Arbitration Agreement instead of through court proceedings unless permitted by this Arbitration Agreement.

Unless modified by this Arbitration Agreement, the arbitration will be administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures located at https://www.jamsadr.com/rules-streamlined-arbitration for individual claims totaling less than $250,000, and Comprehensive Arbitration Rules and Procedures located at https://www.jamsadr.com/rules-comprehensive-arbitration/ for all other claims. The JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all arbitrations to which those procedures apply. If JAMS is not available to arbitrate, the parties will agree upon an alternative arbitral forum.

Arbitration Forum

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances, and in accordance with applicable laws. If the parties are unable to agree on a location, such determination should be made by the applicable rule-making authority or by the arbitrator.

Authority of the Arbitrator

The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable; and (c) resolve all Disputes within the scope of this Arbitration Agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the same authority to award relief on an individual basis that a judge in a court of law would have, including to grant temporary, interim, or permanent injunctive relief (including public injunctive relief), and relief providing for specific performance of these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Towne.

The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Jury Trial Waiver

YOU AND TOWNE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY UNLESS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

No Class Actions or Class Arbitrations Permitted

YOU AND TOWNE AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. This means that neither you nor Towne may bring a claim as a plaintiff or class member in a class action or class arbitration. Notwithstanding the foregoing and anything else in this Arbitration Agreement, individual arbitrations may be consolidated pursuant to applicable JAMS rules, and the JAMS Mass Arbitration Procedures and Guidelines located at https://www.jamsadr.com/mass-arbitration-procedures shall apply to all arbitrations to which those procedures apply. Nothing in this Arbitration Agreement, including this section, is intended to limit the relief available to you in small claims court. Nor does anything in this section limit your or Towne’s ability to resolve a Dispute by mutual agreement through a class-wide settlement of claims, whether through mediation or otherwise.

Severability and Survival

If any provision of this Arbitration Agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Arbitration Agreement and the Terms shall continue in full force and effect. The Arbitration Agreement survives the termination of your relationship with Towne.

30 Day Right to Opt-Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in this Arbitration Agreement by sending written notice of your decision to opt out by emailing us at [email protected] with the subject line “Arbitration Opt-Out.” The notice must be sent within thirty (30) days of accepting the Terms; otherwise, you shall be bound to arbitrate Disputes in accordance with the terms in this Arbitration Agreement. If you timely opt out of these arbitration provisions, Towne also will not be bound by them. If you opt out of this Arbitration Agreement, all other provisions of the Terms shall apply.

Notice To California Consumers

With respect to any electronic commercial service offered on or through the Platform, California residents are entitled to the following specific consumer rights information. The provider of this Platform is Towne, LLC, 450 Plymouth Road, Suite 300, Plymouth Meeting, PA 19462. California consumers can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952-5210.

Additional Provisions

Assignment

We may transfer, assign, or sublicense any of our rights and obligations under these Terms; however, you may only transfer or assign any of your rights or obligations under these Terms with our express, written consent.

No Waiver

Our failure or delay to enforce any right or provision of the Terms will not be considered a waiver of those rights. Any waiver of these Terms by Towne must be in writing and signed by an authorized representative of Towne.

Severability

If any provision of the Terms is held to be invalid or unenforceable by a court, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Third Parties

The Terms govern your interactions with us and shall not be construed as giving rights or obligations to third parties.

No Partnership

You and Towne agree that no joint venture, partnership, employment, or agency relationship exists between you and Towne as a result of the Terms or your use of the Platform or Services.

Termination

We reserve the right to suspend or terminate your use of the Platform and Services if we determine in our sole discretion that you have violated any provision of the Terms. We may also terminate or suspend your access to all or part of the Platform and Services at any time, without notice or for any reason.

Survival

All provisions of the Terms which by their nature survive termination of any business relationship between Towne and you shall survive such termination to the fullest extent allowed by applicable law, including, without limitation, provisions related to ownership, indemnification, limitations of liability, and disclaimers. Your warranty obligations shall remain in full force and effect for the longest period and to the greatest extent allowed by applicable law.

Entire Agreement

The Terms constitute the entire agreement between you and us regarding our Platform and Services, superseding and replacing any prior agreements between Towne and you regarding the Platform and Services.

Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected].

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Towne corporate brand logo in a clean, modern blue and green color scheme.
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