- About the Site
The Site is a platform through which certain merchants (“Merchants”) sell vouchers for goods, services or experiences (“Vouchers”), sell gift cards (“Merchant Gift Cards”) and make available coupon offerings (“Coupons”) (collectively, “Merchant Offerings”). Merchants are the sellers and issuers of Vouchers and Getaways and the issuers of Coupons and Merchant Gift Cards. The Merchant is solely responsible to you for the care and quality of the goods and services it provides. All Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in MyTownUSA’s discretion, without notice.
- Use of the Site
As a condition of your use of the Site, you agree that:
- Businesses are solely responsible for and must honor all coupons and promotions they elect to offer on MyTownUSA’s website, Facebook Page, and smart phone app.
- MyTownUSA is not liable for any business errors or omissions on their coupons, promotions, and Facebook posts.
- You are at least 18 years of age;
- You are able to create a binding legal obligation;
- You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
- You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete;
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times;
- Businesses shall not post any offensive language or explicit photos in their business listing, coupons, promotions, and Facebook page post; and
- Violations of the above terms can result in removal from the MyTownUSA website, smart phone app, and Facebook page.
- Memberships must be paid in full upfront and all memberships are non-refundable.
- Business subscribers are limited to two posts per day in each Facebook page subscribed to, and may not boost the post of that MyTownUSA Facebook page.
- Access to the Site
MyTownUSA retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
- Your Conduct
- Submitting any content to the Site that:
- Violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
- Contains personal information, except when we expressly ask you to provide such information;
- Contains viruses or malware;
- Offers unauthorized downloads of any copyrighted, confidential or private information;
- Has the effect of impersonating others;
- Contains chain letters of any kind;
- Is purposely inaccurate, commits fraud or falsifies information in connection with your MyTownUSA account; or
- Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following:
- Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
- Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
- Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.
- Using any of the following:
- Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- Collecting any of the following:
- Content from the Site, including, but not limited to, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
- Personal Information, User Content or content of any consumers or Merchants.
- Engaging in any of the following:
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by MyTownUSA;
- Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
- Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
- Hyperlinking to the Site from any other website without our initial and ongoing consent; or
- Acting illegally or maliciously against the business interests or reputation of MyTownUSA, our Merchants or our services.
- Your Privacy
- User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a MyTownUSA account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. MyTownUSA makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
- Public Nature of Your User Content.
- You understand and agree that User Content is public. Any person (whether or not a user of MyTownUSA services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. MyTownUSA is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
- Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by MyTownUSA. Other users may post User Content that is inaccurate, misleading or deceptive. MyTownUSA does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of MyTownUSA. MyTownUSA does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.
- License Grants.
- Some User Content you submit to MyTownUSA may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant MyTownUSA a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, MyTownUSA shall have no obligation to use your Personal Information in connection with any User Content.
- As between you and MyTownUSA, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant MyTownUSA a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. MyTownUSA license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
- Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF MYTOWNUSA, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MYTOWNUSA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
- Limitation of Liability
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release MyTownUSA from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
- Force Majeure
- Entire Agreement
- Choice of Law
- Dispute Resolution
Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Burke County, North Carolina; (ii) you and MyTownUSA irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and MyTownUSA agree that the applicable federal law and the laws of the State of North Carolina, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and MyTownUSA agree to waive any right to a trial by jury.
- Additional Disclosures
You are contracting with MyTownUSA. Correspondence should be directed to: My Town USA, LLC 216 N Sterling St, Suite C Morganton, North Carolina 28655.