Updated: 09/18/2025
(Located at web address https://www.townchest.com/legal/terms)
TOWNCHEST.COM TERMS OF USE
Welcome! Townchest.com (the “Site”) is owned and operated by Townchest LLC. These Terms of Use form an agreement between you and Townchest LLC, an Ohio company operating in the United States which governs your use of the Site. As used in these Terms of Use, “Townchest”, “us”, or “we” refers to Townchest LLC and its affiliates and subsidiaries.
Please read the following Terms of Use carefully. These Terms of Use contain an arbitration agreement which requires the use of arbitration on an individual basis to resolve disputes rather than a jury or any other court proceedings, or class actions of any kind. Please be sure to read the “___” section of these Terms of Use for more details.
Introduction
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS OF USE. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site. If you breach any of these Terms of Use, your authorization to use the Site may be immediately terminated. Certain areas within the Site may be governed by additional terms and policies ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms of Use includes the Additional Terms.
Content
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Townchest or its partners or affiliates, including Townchest Vendor Partners (defined herein) and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Townchest LLC and protected by U.S. and international copyright laws. Townchest and its partners and affiliates, including Townchest Vendor Partners, expressly reserve all intellectual property rights in all Content.
License and Access
Townchest grants you a limited license to access and make personal use of the Site and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the "Unlawful or Prohibited Uses" section of these Terms of Use. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Site, you warrant to Townchest that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
Download, copy or transmit any Content for the benefit of any other merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Townchest or generally publicly available browsers;
Frame, mirror or use framing techniques on any part of the Site without Townchest’s express prior written consent;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms of Use;
Use any meta tags or any other hidden text utilizing Townchest’s name or marks;
Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
Use a buying agent to conduct transactions on the Site;
Conduct fraudulent activities on the Site;
Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Townchest Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
Send unsolicited or unauthorized email on behalf of Townchest or any Townchest Vendor Partner, including promotions and/or advertising of products or services;
Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
Use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Site;
Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
Use the Site to advertise or offer to sell or buy any goods or services without Townchest’s express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
Your Account
You may be required to register with Townchest in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than Townchest). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Townchest including those set forth in these Terms of Use, Townchest reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Modification & Termination
Townchest may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Townchest reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. You can determine when these Terms of Use were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any change to these Terms of Use after your last usage of the Site will not be applied retroactively. Townchest reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
User Reviews, Comments & Submissions
Townchest welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, contact forms, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Townchest to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (collectively, "User Content") as long as the User Content submitted by you complies with these Terms of Use. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Townchest assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Townchest a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Townchest the right to include the name provided along with the User Content submitted by you; provided, however, Townchest shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as Townchest the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
By filling out and submitting a contact form on the Site, including but not limited to the Partnership Inquiry Application, you acknowledge and agree that all information provided is true, accurate, and complete to the best of your knowledge and belief. Further, you consent to receiving communications from Townchest regarding your submission including information relating to your submission status, updates, and other relevant information. These communications may be via email, SMS, or other means. If you submit a contact form on behalf of a business, school, non-profit organization, or other entity, you affirm that you have the authority to make the submission, act on behalf of the entity and bind it to the terms of use outlined herein.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Townchest neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Townchest.
Townchest Fundraising Program
Townchest enables you to support eligible schools and charitable organizations with your Qualifying Transactions as well as through Direct Donations (each defined below) to eligible schools and charitable organizations that participate in the Townchest Fundraising Program (the “Program”), subject to these Terms of Use.
Supporting via Qualifying Transactions: Subject to
exclusions set forth in these Terms of Use, a “Qualifying Transaction”
occurs when you (a) make a Transaction (defined in the “User
Transactions” section of these Terms of Use) and (b) at such time,
select an Organization to benefit from the Transaction (“Selected
Organization”), and (c) the purchased product is shipped to and paid for
by you. Qualifying Transactions exclude any Transactions made in
connection with a violation of these Terms of Use or any Transaction
that is canceled or returned.
Your Selected Organization will receive financial support as a result of
your Qualifying Transactions in accordance with the policies outlined on
the Fundraising Program Description Page [LINK]. Financial
support received by your Selected Organization because of your
Qualifying Transactions is not tax deductible by you.
Supporting via Direct Donations: Through the site, you may
make a monetary donation to your Selected Organization (“Direct
Donation”). Townchest facilitates Direct Donations in accordance with
the policies outlined on the Fundraising Program Description Page
[LINK].
Direct Donations are generally non-refundable. If you believe that an
error has occurred in any of your Direct Donations, please contact us
immediately via _____ so we can help resolve the issue. Any
fraud disputes or chargebacks initiated with your payment provider may
be contested by us on the basis of this authorization. In situations
where the cardholder is not alleging that a fraudulent donation has been
made (i.e. that the transaction was not made by the cardholder), the
cardholder should always attempt to resolve the dispute with the
Organization or with us before pursuing a chargeback or return.
We will review each request to determine whether the request is
legitimate, and if we determine a request is not legitimate, we may use
information submitted by you and/or at our disposal at the time of
Direct Donation to defend that request. Further, we will defend any
non-fraud request with such reason codes as Merchandise / Services Not
Received or any other code that suggests non-delivery, as Direct
Donations processed on Townchest are donations without the expectation
or exchange of goods or services.
Direct Donations you make to Organizations may be tax-deductible by you.
You should talk to a tax advisor to understand if your donation is
tax-deductible. Townchest doesn’t withhold funds for tax purposes or
otherwise, nor does Townchest guarantee that your donations are
tax-deductible or eligible for tax credits. Townchest will also not be
liable for any claims or penalties assessed by any tax authorities
regarding how your donation is reported by you or a third
party.
More information about supporting Organizations and the Program, including disbursement calculations, schedule, fees, Organization eligibility criteria, selecting an Organization, and participating in the Program, can be found on the Fundraising Program Description Page [LINK] (“Program Description Page”) which is incorporated into these Terms of Use by reference.
When you support an Organization on Townchest, whether via Qualifying Transactions or Direct Donations, [“Support”] it is your responsibility to understand how your Support will be used, and you Support at your own risk. Make sure to regularly check the Organization and fundraiser page for any updates or new information. We are not responsible for what Managers or Organizations promise or offer in their fundraisers. We are also not responsible for verifying information that appears on fundraisers and Organization pages, nor do we guarantee that Support will be used in accordance with any fundraising purpose prescribed by an Organization or fundraiser. However, we take all reports of fraud or misuse of funds very seriously, and we will take appropriate action against any fundraiser or user that violates our Terms of Use or Participation Agreements. Unless you choose to Support anonymously, you consent to Townchest using your name to encourage others to support, provided however, Townchest will obtain additional consent, if required under applicable law.
In certain cases, we may share your personal information (even if you’ve chosen to Support anonymously), with the Organization(s) to which you Support through the Site, in accordance with our Privacy Policy [LINK]. The Organization may use this information only for compliance and transactional purposes such as providing a donation receipt unless you expressly provide appropriate consent during the checkout flow to allow the Organization to reach out to you. Townchest isn’t responsible for how the Organization uses your information.
If you donate to a non-profit organization, you can’t decide exactly how your donation is used. Even if you donate for a specific project or tell the non-profit organization how you would like your donation used, these instructions are just suggestions. The non-profit organization has final say and can use all donations at their discretion.
If you are an individual (sometimes referred to as a “Manager”) establishing a Townchest account and using the Site on behalf of a company, entity, or organization, then you represent and warrant that you are an authorized representative of that company, entity, or organization with the legal authority to bind such company, entity, or organization to these Terms of Use and you also agree to be bound by these Terms of Use both as an individual and on behalf of such company, entity, or organization. Schools and charitable organizations (each an “Organization”) participating in the Townchest Fundraising Program are also subject to the Townchest Fundraising Program Participation Agreement available here [LINK].
If you are an individual using the Site to share information about an Organization’s fundraiser, including utilizing resources provided through the Program, you are also subject to the Fundraiser Participant Terms of Use available here [LINK] which is incorporated into these Terms of Use by reference.
The Program is a tool for running fundraisers and for helping Managers connect with supporters; we are not a bank, payment processor, broker, charity, or financial advisor. We do not solicit donations, the existence of the Program is not a solicitation of donations, and we do not engage in solicitation activities for ourselves or others on our Site. We do not act in, or intend to act in, any capacity that requires registration, licensure, or compliance as a Professional Fundraiser, Commercial Fundraiser, or Professional Fundraising Counsel in any US state, as such terms are defined under applicable laws. All information provided through the Program is for your general knowledge and isn’t meant to be professional advice. If you need specific advice, especially regarding financial, legal, or tax issues, you should consult with a professional. We do not control or endorse any Organization, fundraiser, or cause, and we can’t guarantee the success of a fundraiser. As a supporter, it’s up to you to decide if a cause is worth contributing to.
All logos, trademarks, content, and other intellectual property displayed on Organization or fundraiser pages are the property and responsibility of their respective owners and are displayed on the site in accordance with these Terms of Use and relevant Townchest program participation agreements and content policies. If you have reason to believe that a fundraiser contains illegal content or content that violates these Terms of Use or our content moderation policies, please use the “Report” button on the fundraiser page to alert our team of this potential issue and we will investigate. If you disagree with a decision taken by us in connection to a notice or complaint related to User Content and/or use of the Site that is illegal or prohibited by Townchest, you may use our available dispute resolution systems.
Townchest School Directory
The information displayed on the Townchest school directory has been compiled from various sources, which may include materials provided by the applicable school, publicly available records, and third-party research. While we strive for accuracy, Townchest makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained on this page. Any reliance you place on such information is strictly at your own risk.
All logos, trademarks, and other intellectual property displayed on Townchest school directory pages are the property of their respective owners and are used within the Townchest school directory for identification purposes only. The inclusion of any school's information does not imply endorsement by or affiliation with Townchest unless explicitly stated. Listed schools are eligible to participate in the Townchest program but may not have active groups or fundraisers on the platform.
Authorized representatives of schools included in the Townchest school directory can contact us at contact@townchest.com to request that corrections be made to inaccurate information about their school included in the Townchest school directory or to request their school be removed from the Townchest school directory. To expedite processing of such requests please use the subject line “School Directory Information Correction/Removal Request- [School Name]”
Townchest Vendor Partners
Townchest works with third party companies (“Townchest Vendor Partners”) who sell and ship items directly to you through the Site. Townchest processes your payment for items sold on the Site by Townchest Vendor Partners, and Townchest will handle any payment-related disputes, refunds, credits, and adjustments. Townchest Vendor Partners do not have access to your payment information, other than your name and contact information as required for delivery of purchases and related customer service.
You acknowledge and agree that items purchased on the Site are being sold to you directly by Townchest Vendor Partners, not by Townchest, and that the Townchest Vendor Partner, not Townchest, will be responsible for the fulfillment and shipping of such items. A Townchest Vendor Partner page is available for each Townchest Vendor Partner, and contains information regarding the company and its policies, including its return and privacy policies. Townchest is not responsible, nor does it provide any warranties or guarantees, for the products or services that are, or may be, provided by Townchest Vendor Partners.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT TOWNCHEST WILL NOT BE LIABLE FOR ANY ACTIONS OF A TOWNCHEST VENDOR PARTNER OR ANY PRODUCTS OR SERVICES SOLD BY SUCH TOWNCHEST VENDOR PARTNER.
User Transactions
If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Townchest the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non-public, home use (where no admission fee is charged) and may not be duplicated. Townchest reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or delist any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Townchest, our agents, Townchest Vendor Partners, or delivery partners may call or text by telephone regarding your account, your Transactions or delivery of your purchases. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Limitations on Quantity
Townchest generally does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Townchest reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
Colors
Townchest strives to display as accurately as possible the colors of the products shown on the Site; however, Townchest cannot and does not guarantee that your monitor’s display of any color will be accurate.
Availability, Errors & Inaccuracies
If an item is out of stock, Townchest or a Townchest Vendor Partner, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Townchest, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Townchest’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Townchest makes a conscientious effort to describe and display products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and service. Townchest, or Townchest Vendor Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in product information, we will cancel your order and notify you of such cancellation via email. Each Townchest Vendor Partners may have different shipping procedures and processes in place for item availability and price adjustments.
Rules for Promotions
Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy [LINK] If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
Returns
If you are not fully satisfied with your purchase of items sold through the Townchest Site, you may return it in accordance with the Townchest Return Policy [LINK] or the applicable Townchest Vendor Partner’s Return Policy. Each Townchest Vendor Partner’s Return Policy is incorporated into these Terms of Use in its entirety.
Gift Cards & Certificates
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Ohio. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Mobile Terms and Conditions
These terms and conditions apply to SMS text messages sent by Townchest. These messages can be recurring or one-time SMS text messages.
You can cancel the SMS service at any time. Just text “STOP” in response to the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.
If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Townchest as part of this service. Townchest may use this information to contact you and provide services you request from Townchest. Townchest may also use this information as described in the subscription list you’ve enrolled in. Townchest may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at [LINK]
As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider.
Townchest will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Townchest or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.
If you have questions regarding how Townchest collects, uses, shares, and protects guest information, please read our privacy policy at [LINK]
Links to Third-Parties’ Websites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Townchest is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Townchest strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Townchest of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Filtering
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
Risk of Loss
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes from the Townchest Vendor Partner to the purchaser upon delivery to the carrier.
Export Policy
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement
Townchest’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Townchest’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Townchest that your copyrighted material has been infringed. Townchest does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Townchest will respond by either taking down the allegedly infringing content or blocking access to it. Townchest may contact the notice provider to request additional information. Under the DMCA, Townchest is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Townchest a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
Be signed; and
Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Townchest, LLC
1041 W Market St
Akron, OH 44313
Phone: (330) 449-6961
email: copyright@townchest.com
Disclaimers of Warranties
Townchest cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY TOWNCHEST ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TOWNCHEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM TOWNCHEST ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, TOWNCHEST DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
TOWNCHEST DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
Jurisdictional Issues
The Site is controlled and operated by Townchest from the United States, and is not intended to subject Townchest to the laws or jurisdiction of any state, country or territory other than that of the United States. Townchest does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TOWNCHEST OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF TOWNCHEST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, TOWNCHEST OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TOWNCHEST’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TOWNCHEST. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TOWNCHEST. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Indemnification & Defense
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Townchest and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms of Use, or any User Content submitted by you.
Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to Townchest shall be sent by mail to Townchest LLC at 1041 W Market St., Akron, OH 44313. In the case of notices Townchest sends to you, you consent to receive notices and other communications by Townchest posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Townchest provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to legal@townchest.com. You may also contact us by writing to Townchest LLC at 1041 W Market St., Akron, OH 44313, or by calling us at ________. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at or .
Arbitration Agreement
Please read this section carefully. Except as the Terms of Use otherwise provided, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
You and Townchest agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the Site or (2) the breach, enforcement, interpretation, application, or validity of these Terms of Use, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration rather than in court, except as otherwise set forth in this section (the “Arbitration Agreement”).
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Townchest can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Townchest may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Ohio, without regard to principles of conflict of laws.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Terms of Use as a court would. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction
If you intend to seek arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent at 1041 W Market St. Akron, OH 44313. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable.
If any term in the immediately preceding paragraph is found to be unenforceable with respect to any claim or request for relief, then the parties agree that such claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
Choice of Law, Forum Selection, & Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms of Use, will be governed by the applicable laws of the United States of America and the laws of the State of Ohio, without regard to Ohio’s choice of law principles. Unless you and Townchest agree otherwise, in the event that it is determined or these Terms of Use provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Ohio, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Ohio for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Ohio located in Summit County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Townchest both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
Miscellaneous
These Terms of Use, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and Townchest with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contact Us
If you have any concerns about Townchest or your use of the Site, please contact us [LINK] with a detailed description, and we will try to resolve it.