Terms of Service

Last updated: February 9, 2023

The below terms and conditions govern your access to and use of our website, our application(s), and any of our plug-ins or add-ons (collectively, the “Application”), and also applies when you interact with the Application directly or through third party websites or software.

Within this Terms of Service, “you” or “user” are a user of the Application, and “we”, “us”, “our” or “Townhall” refers to Townhall Pro, Inc., a Delaware corporation.

Please read the Terms of Service carefully before you use the Application. By using the Application, or by clicking to accept these Terms of Service when that option is made available to you, you accept and agree to be bound by and to abide by these Terms of Service and our Privacy Policy, found at https://www.townhall.pro/privacy-policy, incorporated herein by reference (together, the “Policy”). If you do not want to agree to the Policy at any time, your option is to not access or use the Application.

The Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Application, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

REVISIONS TO THE POLICY

We may revise and update the Policy from time to time in our sole discretion. All changes are effective immediately when we post them, or if required by law, upon providing notice to you of such changes, and thereafter apply to all access to and use of the Application. Your continued use of the Application means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We will send any notices and messages to you via the email address you provide to us when creating an account on the Application. You agree to keep any contact information up to date.

When using particular features of the Application, if any additional terms, conditions, policies, or restrictions are presented to you (for example, payment requirements), you agree that you will be subject to the same, and the same are incorporated into this Policy.

ACCOUNTS

Certain users may be required to make an account to access and use certain services offered through the Application (an “Account”). All users must provide accurate, current, and complete information when creating an Account, and you agree to promptly update your Account information in the event it changes. You are solely responsible for maintaining the confidentiality of any password you choose. You are responsible for all activities that occur under or through your Account. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security, and you agree to logout of your Account at the end of each session. You may not provide your Account information to any other person or allow any other person to use your Account.

If you are accessing the Application on behalf of a business or other entity where you are employed or otherwise engaged in providing services, you agree you are entering into and agreeing to this Policy on behalf of such entity, and any violation of this Policy by you will constitute a violation of this Policy by the entity on whose behalf you access the Application.

When you choose to access the Application, including allowing the Application to interact with a third party website or application, we may create a profile for you. If you do not desire such a profile to be created, you should not use or access the Application.

USER ACKNOWLEDGEMENTS

The Application may be an add-on or plug-in to third party websites and/or applications, and may allow hosts of phone or video calls and conferences (“Conferences”) to track certain metrics regarding a Conference, including engagement of participants and answers to survey and other questions, among other metrics. Hosts of conferences (“Hosts”) may be required to have a certain type of Account and/or purchase certain services allowing such hosts to access metrics collected by the Application (each, a “Report”). For clarity, Hosts are “users” under this Policy.

If you are a Host of a Conference utilizing the Application, you acknowledge that the Reports are intended for use only for a Host’s internal purposes and may not be shared with third parties. The Reports may contain personally-identifiable information about participants in the Conference, who may have shared such personally-identifiable information on the basis that Hosts will not share or disclose the Reports with third parties. Notwithstanding the foregoing, Hosts may disclose aggregated and de-identified information included in Reports, provided that any information disclosed to third parties is not capable of identifying any particular person, household, or business (for example, aggregated responses to survey questions or overall levels of engagement).

It is not the intent of Townhall for the Application to be used for electronic surveillance of employees in a workforce or employment setting. However, if you utilize the Application as an employer for internal Conferences or any Conference in which employees (or other service providers) are expected to or required to attend, you may be required to, or it may be recommended for you, to provide an electronic use and security policy to your employees. You are solely responsible to ensure that you are in compliance with all laws related to electronic surveillance of employees or other uses of the Application in the employment or workforce context, and you agree that Townhall is not liable for or responsible for any employment-related decisions or for your violations of employment laws, rules, or regulations.

If you are an employee whose employer requests that you use the Application, including allowing the Application to interact with your use of a third party provider of phone or video conferencing software, you acknowledge that your employer’s use of the Application is in your employer’s sole discretion, and you agree that Townhall is not liable for or responsible for any decisions your employer may make based on any Reports that the Application may provide your employer, including but not limited to related to or arising from your participation or engagement level in any Conference.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Application and software used in connection with the Application and services offered thereon, including any source, object, or other code (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property law and other laws. You further acknowledge and agree that content provided by or through the Application may be protected by copyright, trademark, patent or other proprietary rights and laws as applicable. Except as expressly permitted by applicable law or as authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Application or services provided through the Application, in whole or in part.

We own or have licensed all right, title, and interest to the Application and related software code, including without limitation, all changes, additions, and corrections to the same. We grant you a personal, non-transferable, and non-exclusive right and license to use the Application, provided that you do not, do not attempt to, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Application or related software. You agree not to display or use in any manner our trademark, trade name, service marks, trade dress, logos, and brand features. “Townhall” is a trademark of Townhall Pro, Inc.

You agree that you are only accessing the Application and using the services offered thereon for the purposes intended, and not for purposes of reverse engineering, otherwise discovering confidential or protected information about the Application or the services offered thereon, or taking any action which would violate this Policy.

If you offer any feedback to us regarding our Application and the services offered thereon, we may incorporate such feedback into our Application and the services we offer, and you hereby waive and disclaim any rights to such feedback, assign all rights to such feedback to us, and grant us the irrevocable right to use, incorporate, and exploit such feedback in any manner we deem appropriate. We are not required to incorporate any feedback that you offer.

USE RESTRICTIONS

All users agree to comply with all applicable laws, rules, and regulations in your use of the Application. Additionally, you agree not to:

Use the Application in any manner that damages, disables, overburdens, or impairs the Application or interferes with any other party's use of the Application or access to the services offered thereon, or in any other manner that is prohibited by this Policy;
Log into an Account on the Application other than your own Account;
Use the Application for any purposes not authorized by this Policy, including using the Application for your own commercial purposes;
Lease, distribute, license, transfer, sell, or otherwise commercially exploit the Application;
Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Townhall; or
Access, download, monitor, or copy any information contained on the Application through artificial means (including but not limited to using any scraper, robot, or other automatic device, program, or methodology, or any similar automatic or manual process), or in any way circumventing the navigational structure of the Application to obtain or attempt to obtain any data, materials, documents, or information through any means not purposely made available through the Application.

NO WARRANTY

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE APPLICATION, THE SERVICES OFFERED THEREON, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THE APPLICATION, OR ANY RESULTS RECEIVED OR THAT MAY BE ACHIEVED THROUGH THE SAME. THE APPLICATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY OF ANY KIND THAT THE APPLICATION, OR ANY SERVICES OBTAINED THROUGH THE APPLICATION, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS; WILL OPERATE WITHOUT INTERRUPTION OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; WILL ACHIEVE ANY INTENDED RESULT; WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES; OR WILL BE SECURE, ACCURATE, RELIABLE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. WE FURTHER MAKE NO WARRANTY OF ANY KIND THAT ANY DEFECTS OR ERRORS OF THE APPLICATION WILL BE CORRECTED, OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL TOWNHALL (INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, DATA DELETION, DATA CORRUPTION, OR LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE APPLICATION OR SERVICES OBTAINED THROUGH THE APPLICATION, SERVICE INTERRUPTIONS, INTERRUPTION OF BUSINESS, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APPLICATION, OR THIS AGREEMENT, HOWEVER ARISING. SHOULD TOWNHALL BE FOUND LIABLE DESPITE THE ABOVE, YOU AGREE THAT IN ANY CASE, THE MAXIMUM AMOUNT OF DAMAGES THAT TOWNHALL MAY BE LIABLE FOR ARISING FROM THIS POLICY OR THE USE OF THE APPLICATION OR ANY SERVICES OBTAINED THROUGH THE APPLICATION OR RELATED TO THE APPLICATION’S OFFERED SERVICES WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU HAVE PAID TO US UNDER DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE USER’S CLAIM, OR (ii) $50.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF SUCH JURISDICTION.

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

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Townhall, and our affiliates, subsidiaries, parents, successors, assigns, officers, directors, employees, agents, or shareholders subsidiaries, affiliates, officers, agents, employees, partners, licensors, and advertisers from all liabilities, claims, demands, and expenses, including attorney's fees, made by any third party arising from your use of or access to the Application and the services offered thereon, your violation of the Policy, or your violation of any rights of another party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

SUSPENSION AND TERMINATION

You agree that we may, without prior notice, immediately terminate, suspend, or otherwise limit your access to or use of the Application, which may include termination of your Account or profile, or restricting access to specific services offered through the Application. Cause for such termination, limitation of access, or suspension may include, but are not limited to: (i) breaches or violations of this Policy or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) engagement by you in fraudulent or illegal activities; and/or (iv) nonpayment of any fees owed by you in connection with the services you request or purchase through the Application. Upon any such termination, cancellation, and/or suspension, you will remain responsible for payment of all amounts accrued and owed by you. All terminations, limitations of access and suspensions will be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your Account or use of the Application.

GOVERNING LAW

Townhall is located in North Carolina in the United States. This Policy (including the Privacy Policy) and all matters concerning its interpretation, performance, or enforcement, and any other claim against Townhall arising out of our offering of the Website, will be governed in accordance with the laws of the State of North Carolina. Any litigation arising out of the agreement or the relationship of the parties hereto must be brought in a court of competent jurisdiction in Wake County, North Carolina.

ENTIRE AGREEMENT

This Policy contains the entire agreement between Townhall and you as a User of the Application. No other communications, whether direct or indirect, between you and Townhall will, or are intended to, alter or supersede any provision of the Policy.

WAIVER AND SEVERABILITY

No waiver by Townhall of any term or condition set out in this Policy 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 Townhall to assert a right or provision under the Policy shall not constitute a waiver of such right or provision. If any provision of the Policy 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 Policy will continue in full force and effect.

COMMENTS AND CONCERNS

We welcome our Users to report any suspected violation of the Policy. We will investigate any such report and may act as we deem appropriate in our sole discretion.

If you have questions or comments about this Policy, please contact us at:

Townhall
PO Box 2393
Kitty Hawk, NC 27949
info@townhall.pro

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