Terms of Service
Effective date: April 14, 2026 · Last updated: August 25, 2026
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Axiomic, LLC(“Towne,” “we,” “us,” or “our”) concerning your access to and use of the Towne mobile application, the website at towneapp.com, and all related features (the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you disagree, you may not access the Service.
When you register, you become a “Member.” If you have not registered, you may still be able to access certain aspects of the Service as a “Visitor.”
2. Definitions
- “Service”— the Towne mobile application, the website at towneapp.com, and all related features.
- “Content”— text, links, images, photos, videos, comments, and other materials submitted to or displayed through the Service.
- “Member Content”— Content submitted by a Member.
- “Neighborhood”— the geographic community, based on the Member’s ZIP code, within which a Member participates.
- “Towne Entities”— Axiomic, LLC and its affiliates, officers, directors, employees, agents, partners, and licensors.
3. Eligibility
You may use the Service only if you can form a legally binding contract with Towne and only in compliance with these Terms and all applicable laws. You cannot use the Service if:
- You are under 13 years of age, or under the age at which you are able to consent to the processing of your personal information in your jurisdiction without parental consent;
- You are a resident of Texas, Tennessee, Mississippi, Maryland, Connecticut, or Nebraska and under 18 years of age;
- You are a registered sex offender in any jurisdiction, or are otherwise subject to a legal order barring you from accessing online services that permit use by minor children. We reserve the right to check public registries;
- We previously disabled your Account for violations of these Terms or our other policies;
- The Service is not directed to your geographic region;
- You are otherwise prohibited by applicable laws from accessing the Service.
We reserve the right to refuse registration, access, or use of the Service by any person or household at any time.
3.1 Geographic Scope (United States Only)
The Service is offered and directed solely to residents of the United States. It is not directed to, intended for, or marketed to residents of the European Union, the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction outside the United States. Membership is scoped to United States ZIP codes, and your information and Content are stored and processed on servers located in the United States.
If you access the Service from outside the United States, you do so on your own initiative, you are not an intended user of the Service, and you are solely responsible for compliance with the laws of your jurisdiction. Nothing in or about the Service constitutes an offer or solicitation to any person in any jurisdiction where such offer or solicitation would be unlawful. Because the Service is not directed to, and does not monitor the behavior of, residents of the European Union, the European Economic Area, or the United Kingdom, the EU and UK General Data Protection Regulations do not apply to our processing of your information. Our handling of your information is instead governed by applicable United States federal and state law, as described in our Privacy Policy.
4. Description of Service
Towne is a free, ad-free neighborhood social platform that provides:
- Neighborhood-based social feeds organized into eight purpose-built channels: Towne Square, Safety & Alerts, Marketplace, Recommendations, Events, Towne Hall, Lost & Found, and Jobs & Gigs;
- Direct messaging between neighborhood members;
- Community-driven content moderation via upvotes, downvotes, and a political-flag system;
- Neighborhood-based membership scoped to your ZIP code, with stronger neighbor verification planned for the future;
- A free service with no advertising, sponsored content, or data sales.
5. Membership, Accounts, and Verification
Towne is free. Creating an account and participating in your neighborhood costs nothing. The Service contains no advertising, paid tiers, subscriptions, or in-app purchases.
Reservation of rights. Towne is currently offered free of charge. We reserve the right, at any time and in our sole discretion, to introduce paid features, subscription tiers, add-ons, business accounts, or other optional paid services, and to establish, modify, add, or remove pricing for any part of the Service. We will disclose any such change in these Terms before it takes effect, no new charge will apply to you without notice and, where required by law, your consent, and any pricing change will apply prospectively only. Nothing in these Terms obligates us to keep any feature free, and our offering the Service free of charge at any time does not waive this reservation of rights. Your continued use of the Service after a pricing change takes effect constitutes acceptance of that change.
Access by invitation.Membership is currently invite-only. To create an Account you must present a valid invitation code from an existing Member or from Towne. Invitation codes are single-use, expire after a limited time, are personal to the recipient, are not transferable, and do not by themselves guarantee access. Requesting an invitation or joining a waitlist does not create an Account or entitle you to access. We may issue, decline, limit, or revoke invitations and codes at any time in our sole discretion. Inviting a neighbor does not make you responsible for that neighbor’s conduct on the Service.
5.1 Founding Neighbor Status
The first 50 Members in each neighborhood to make a post are recognized as “Founding Neighbors” and receive a permanent Founding Neighbor badge on their profile, subject to the following terms:
- No cost. Founding Neighbor status is free, like all of Towne. It is a form of recognition and does not create any payment obligation or paid benefit.
- Termination for cause.If Towne terminates a Founding Neighbor’s Account for a material violation of these Terms (including fraud, abuse, impersonation, or repeated policy violations), Founding Neighbor status is forfeited along with the Account.
- Non-transferable. Founding Neighbor status is tied to the Account and the neighborhood. It does not transfer if the Account is sold, gifted, or reassigned to another individual, and does not automatically transfer if the Member relocates to a different neighborhood (though Towne may, at its discretion, honor the status upon relocation).
One Account per residence. Each individual is limited to one Account, and each residence is limited to one Account per adult resident. Creating multiple Accounts to circumvent bans, manipulate votes, or impersonate other neighbors is grounds for immediate termination. You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. Notify us immediately if you suspect unauthorized access.
Parental consent for minors. If you are between 13 and 17 years of age, you may register only with the consent of a parent or legal guardian, and by registering you represent that such consent has been obtained. We may require additional verification of parental consent where state law requires it.
Membership is based on the ZIP code you provide at registration, which places you in your neighborhood; many Members also join by invitation from an existing neighbor. Towne does not currently require identity or residence verification. We reserve the right to introduce neighborhood-verification requirements in the future (which may include neighbor vouching, an optional location check, or address review), and will update these Terms and provide notice as appropriate before doing so.
5.2 Recognition Badges
The Service may recognize Member participation through badges or similar in-app designations, including recognition related to inviting neighbors who join.
- No value. Badges are a form of in-app recognition only. They have no cash or monetary value, are not compensation, consideration, or payment of any kind, and are not redeemable or transferable. They do not create any employment, agency, contractor, partnership, joint venture, or similar relationship between you and Towne.
- Not a verification or endorsement.A badge reflects participation on the Service. It is not a verification of any Member’s identity, residence, or trustworthiness, and it is not an endorsement or recommendation by Towne. See Sections 5.1, 10, and 11.
- Voluntary. Inviting neighbors is voluntary. Nothing in these Terms obligates any Member to invite anyone or to invite any particular number of people, and no badge authorizes conduct that Section 12 restricts.
- Forfeiture and changes. Badges are tied to the Account and may be withheld, revoked, or reset if we determine they were obtained through fraud, duplicate or fake Accounts, or other violations of these Terms, or if the Account is terminated. We may add, modify, or discontinue badges at any time.
6. Our License Grant to You
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and freely revocable license to access and use the Service. This license is not a sale. We retain all right, title, and interest in the Service and all copies thereof.
7. Your Content and Rights You Grant
7.1 Ownership
You retain ownership of all Member Content you submit to the Service.
7.2 License Grant to Towne
By submitting Member Content, you grant Towne a non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, worldwide license to host, use, store, copy, modify, reformat, translate, distribute, syndicate, publicly display, and prepare derivative works of your Member Content, solely to operate, promote, and improve the Service. We exercise this license subject to your Account settings and the privacy settings of each post.
7.3 License Grant to Other Users
You grant each other user of the Service a non-exclusive license to access your Member Content through the Service and to use, reproduce, and display such Member Content as permitted through the Service’s functionality and these Terms.
7.4 Feedback
If you share feedback, suggestions, or ideas about Towne (“Feedback”), you grant Towne a perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use your Feedback without compensation in connection with any current or future Towne product or service.
7.5 Representations
You represent and warrant that you own or have the necessary rights to submit your Member Content and grant the licenses in this section, and that your Member Content does not violate any third party’s rights.
7.6 Public Content
Posts in the Recommendations, Events, and Safety & Alerts channels may be displayed on the public web at towneapp.com in anonymized form (author name replaced with “A neighbor in [Neighborhood]”). You are informed of this during post composition.
Choosing to show your name on a recommendation.When you write a recommendation, we ask you whether to show your name on the public page for that recommendation. Nothing is preselected, and you must answer before you can post. Your answer applies only to that recommendation; each one is a separate choice, and you can change it at any time from the recommendation itself. If you decline, or for any recommendation written before this choice existed, the public page shows “A neighbor in [Neighborhood]” as described above.
If you choose to show your name, your name (in the format set by your own name-display preference) may be visible to anyone on the internet, may appear in search engines, AI assistants, and other third-party services, and may be cached, indexed, or copied by them. As with any public Content, we cannot retrieve it once it has left the Service. Turning the choice off removes your name from the page going forward but cannot undo copies made while it was on. Your photo is never shown on the public page. See Section 7.7.
In addition, any Member may generate a shareable link to an individual post. Anyone who has that link, including non-Members and people on other platforms where the link is posted, can view that single post in anonymized form (your display name replaced with “A neighbor in [Neighborhood],” with the post body, any attached photo, and any link preview shown). By posting Content to the Service, you acknowledge and agree that other Members may share your posts in this way, that the anonymized Content may travel beyond the Service and be viewed, copied, cached, or re-shared by others, and that we cannot control or retrieve Content once it has left the Service. See Section 7.7.
7.7 No Expectation of Privacy in Posted Content
You have no expectation of privacy in Content you post publicly within the Service. Other Members can view, screenshot, copy, describe, and (subject to our policies against doxxing and off-platform misuse) share your public posts and comments. We cannot prevent Members from doing so. Content shared in direct messages is visible to the intended recipient, who can similarly screenshot or share it. Do not post anything to Towne that you would not want preserved, shared off the Service, or resurfaced later.
7.8 Recommendations
A recommendation is a positive statement only. Towne does not host reviews, ratings, star scores, or complaints, and there is no way to rate a business down. Content submitted as a recommendation that is critical of a business, or intended to harm one, will be removed.
This is a deliberate design choice rather than a gap in moderation. A business page on Towne shows what neighbors have affirmatively vouched for. The absence of criticism on a page is not evidence that none exists, and should not be read that way.
When you post a recommendation, you represent that:
- it reflects your own genuine, first-hand experience of that business;
- you have not been paid, discounted, gifted, or otherwise compensated for writing it;
- you do not own, work for, or hold a financial interest in the business, unless you clearly say so in the recommendation itself; and
- you are not writing on behalf of the business or at its request.
We may remove any recommendation at any time, with or without notice.
7.9 Asking Customers for Recommendations
If you own or work for a local business, you are welcome to ask your customers to recommend you on Towne, in person, by email, or by sharing a link to your listing. We built it to be shared.
What you may not do is pay for it. Do not offer discounts, free products, gifts, entries into a drawing, or any other incentive in exchange for a recommendation, and do not write recommendations of your own business or ask staff or family to write them on your behalf. Recommendations obtained that way will be removed, and repeated attempts will cost the listing.
Separately, and for the avoidance of doubt: any attempt to stop a customer from writing honestly about your business, whether through a contract term, a threat, or otherwise, is both a breach of these Terms and, in many cases, unlawful. California Civil Code §1670.8 and the federal Consumer Review Fairness Act, 15 U.S.C. §45b, both void contract clauses of that kind.
7.7 Your Photos and Taking Them Back
Every photo you share on Towne, whether in a post, a comment, or a direct message, also appears in a personal photo album, shown in the Service as Shared Photos, that only you can see. No other Member can view your album.
You may delete any photo you have shared, and doing so removes it from every place you shared it. The post, comment, or message keeps its text, but the photo is removed for everyone who could previously see it, including the recipient of a direct message. This applies however long ago you shared it.
A deleted photo is held for 30 days in a private area only you can restore from, and is then permanently destroyed. You may also delete a photo permanently at once. Restoring a photo returns it to your album only; it does not put the photo back into the post, comment, or message it came from.
Two limits apply, and both are outside our control or are required for safety. A photo that another Member has reported is retained under the moderation log schedule described in the Privacy Policy, even if you delete it, so that a Member cannot erase evidence of what they sent. And a photo that another person has already screenshotted, downloaded, or otherwise copied is beyond our reach, exactly as with any other content.
8. Code of Conduct and Prohibited Activity
8.1 Community Standards
Members agree to the following community standards:
- No harassment or personal attacks. Disagree with ideas, not people.
- No discrimination. Content targeting individuals based on race, ethnicity, gender, sexual orientation, religion, disability, or other protected characteristics is prohibited.
- No doxxing.Do not share others’ private information (home address, phone number, etc.) without consent.
- No spam or commercial solicitation. Marketplace posts are for neighbor-to-neighbor transactions, not business advertising.
- No misinformation. Do not knowingly share false safety alerts or fabricated claims.
8.2 Prohibited Activity
In addition to the above, you agree that you will not:
- Gain or attempt to gain unauthorized access to any part of the Service, including other Members’ Accounts;
- Interfere with, disrupt, or damage the Service, or attempt to do the same (by posting malware, launching denial-of-service attacks, or spamming);
- Attempt to probe, scan, or test the vulnerability of our systems or breach any security or authentication measure;
- Conduct facial recognition or other biometric analysis of Content posted on the Service;
- Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, and add-ons) to scrape the Service or otherwise copy Content, including for inclusion in or to train large language models or other artificial intelligence technology;
- License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Service or Content;
- Modify, prepare derivative works of, disassemble, decompile, or reverse-engineer any part of the Service;
- Access the Service to build a similar or competitive website, product, or service;
- Use the Service to solicit, advertise to, or contact other Members for any employment or commercial purpose except through the features we make available (e.g., Marketplace, Recommendations);
- Collect or harvest Members’ contact information, profile details, or Content using automated or manual means without their explicit consent or our prior written permission;
- Write, solicit, exchange, or pay for recommendations that do not reflect genuine first-hand experience. This includes recommending a business you own, work for, or are compensated by without clearly disclosing that connection, and asking another person to write a recommendation on your behalf;
- Otherwise access or use the Service in an unlawful or unanticipated manner.
Attempts to engage in any of the above are also prohibited. Violations may result in content removal, account suspension, or account termination.
9. Community Moderation System
Content moderation on Towne is community-driven, not top-down. The system includes:
- Upvotes and downvotes determine the order in which content appears. Scores affect ranking; they do not by themselves hide or remove a post.
- Political flag system— a separate axis from quality votes. The community can flag content as political. Posts that exceed a threshold are moved to the opt-in Towne Hall channel, and their author is notified. They are not hidden, deleted or otherwise penalized, and political flags do not affect user karma.
- Reporting— users can report content for Code of Conduct violations. Reports are reviewed by administrators.
All moderation thresholds are server-configurable. We reserve the right to proactively moderate Content but expressly disclaim any obligation to do so.
Community Moderators. In future versions, we may grant certain Members additional account features to support their neighborhood, including moderation tools. Members with such access are not agents, employees, or contractors of Towne.They act in a volunteer capacity. They may not represent that they act on Towne’s behalf, may not enter into agreements on our behalf, and may not perform moderation in exchange for compensation from third parties. We may revoke or limit moderation access at any time, with or without notice, for any reason.
10. Member Transactions and Venue Disclaimer
Towne is not a party to interactions, transactions, or disputes between Members. We do not own or sell any of the products or services listed by Members on the Service (for example, in Marketplace or Recommendations). Any actual contract formed is between the Members themselves.
We have no control over and do not guarantee:
- The existence, quality, safety, or legality of any goods or services listed by Members;
- The truth or accuracy of Content or listings;
- The ability of Members to pay for or deliver goods or services;
- That Members who contract with one another will actually complete the transaction;
- The integrity, responsibility, or actions of any Member.
When interacting with other Members, use common sense to protect your personal safety and property, as you would when interacting with any person you don’t know. When purchasing goods or services learned about on Towne, vet the product and seller as you would with any other purchase.
Neither Towne nor our affiliates are responsible for the conduct, whether online or offline, of any user of the Service. Towne and our affiliates will not be liable for any claim, injury, or damage arising in connection with your use of the Service to interact or transact with another Member.
10.1 Business Listings
A listing for a local business may be created by a Member. The business is not required to participate, does not become a party to these Terms by being listed, and does not control the listing. Listings identify businesses by name so that neighbors can refer each other to them. We do not claim any affiliation with, sponsorship by, or endorsement from any listed business.
If you own or operate a listed business and would like the listing corrected or removed, contact us at [email protected] or through our support page. We remove a listing at the request of the business or person it describes.
10.2 We Are Not a Broker or an Adviser
Towne does not provide legal, financial, tax, insurance, or real estate advice, and we are not an attorney, lender, escrow agent, insurer, employment agency, or real estate broker for anyone. Nothing on the Service is an offer, a recommendation, or professional advice from us.
Where Members post about property, goods, services, or work, we make no representation as to the existence, ownership, legal status, habitability, code or accessibility compliance, condition, price, or suitability of anything described, nor as to the accuracy or completeness of any of it. Those are matters between the Members involved, and you should verify them as you would with any transaction you entered into off the Service.
11. Disputes Between Members; Waiver of Claims Against Towne
If you have a dispute with another Member, we hope you can resolve it amicably. Please understand that Towne is not responsible for the actions of our Members. You agree that Towne has no responsibility for the conduct of Members, and you release the Towne Entities from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with disputes involving you and other Members.
If you are a California resident,you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
12. Invitations and Referrals
Towne lets you invite non-Members you know to join (via email, text message, a shareable link, or similar means). You are responsible for the invitations you choose to send. For a text-message or shared-linkinvitation, the message is composed and sent by you from your own device, and Towne does not transmit or store the recipient’s phone number. For an emailinvitation, you enter one recipient’s address and Towne delivers that single message on your behalf as a convenience; we use that address only to deliver your invitation, do not add the recipient to any marketing list, and send no follow-up. You represent that you have a genuine relationship with anyone you invite, that you are providing their contact information in good faith believing they would welcome the invitation, and that you will not invite anyone who has asked you not to contact them. Invitations are personal and limited in number. You are solely responsible for complying with applicable laws (including anti-spam, anti-robocall, and similar laws) when sending invitations. Any third-party fees (mobile carrier, internet service provider) from sending invitations are your responsibility.
Requests to join through a link you shared.The Service may let you share a link to a post that others can use to request to join Towne. If someone requests to join through a link you shared, we may notify you and let you welcome them in, which uses one of your available invitations. Welcoming someone in is your decision; you agree to welcome in only people you reasonably believe are genuine neighbors. As with any invitation, welcoming a neighbor in does not make you responsible for that neighbor’s later conduct on the Service, and we may decline, limit, or revoke any invitation or request in our sole discretion.
13. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference. We do not sell, rent, or trade your personal information.
14. Artificial Intelligence
Towne does not currently use AI-powered features, AI chatbots, or AI-driven automated decision-making to process user Content. Content ranking and moderation use transparent, rule-based algorithms (time-decay, community voting ratios), not generative AI, and we do not train AI or machine-learning models on user Content.
If AI-powered features are deployed in the future, we will disclose their use in this Terms of Service and our Privacy Policy, and comply with all applicable AI transparency obligations under laws such as the EU AI Act, the Colorado AI Act, California AB-2013, and similar state or federal regulations.
15. Copyright, Trademark, and DMCA Procedure
Towne respects the intellectual property rights of others and expects Members to do the same. We respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512.
15.1 Notice of Alleged Infringement
If you believe Content on the Service infringes your copyright, send a written notice to our designated agent at [email protected] (subject: “DMCA Takedown Notice”) containing all of the following:
- A physical or electronic signature of the copyright owner or person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed (or, if multiple works, a representative list);
- Identification of the allegedly infringing Content and information reasonably sufficient to permit us to locate it (e.g., the Towne post URL or a description and neighborhood);
- Your name, address, telephone number, and email address;
- A statement that you have a good-faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
15.2 Counter-Notification
If your Content has been removed by mistake or misidentification, you may submit a counter-notification to [email protected] (subject: “DMCA Counter-Notification”) containing:
- Your physical or electronic signature;
- Identification of the Content that was removed and the location where it appeared before removal;
- A statement under penalty of perjury that you have a good-faith belief the Content was removed as a result of mistake or misidentification;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in the judicial district where you reside (or, if outside the U.S., the Northern District of California) and will accept service of process from the party who filed the original notice.
15.3 Repeat Infringer Policy
We have adopted and reasonably implement a policy of terminating, in appropriate circumstances, the Accounts of Members who are repeat infringers of copyright. We may also remove Content, restrict features, or terminate an Account at any point in that process where we judge it appropriate. Determinations are made by us, taking account of the notices received, any counter-notifications, and the circumstances.
15.4 Designated Agent
Notices under this section go to our designated agent, registered with the U.S. Copyright Office:
Marc Hoag
Axiomic, LLC
1 Blackfield Dr PMB 216, Tiburon, CA 94920
(415) 275-0505
[email protected]
15.5 Trademark Concerns
If you believe something on the Service uses your trademark in a way that is likely to confuse people about who you are or who endorses whom, write to [email protected] with the mark, where it is registered if it is, the page in question, and what you would like changed.
Business listings name businesses so that neighbors can refer each other to them, which we believe is an ordinary descriptive use rather than a claim of any kind. We do not suggest that any listed business is affiliated with or endorses Towne. Even so, if you own or operate a listed business and simply want the listing gone, you do not need a trademark argument: see Section 10.1, where we undertake to remove a listing at the request of the business it describes.
16. Electronic Communications
By creating an Account or otherwise using the Service, you consent to receive electronic communications from us, including notices, agreements, and disclosures. You agree that any notice, agreement, disclosure, or other communication we send to you electronically will satisfy any legal communication requirements, including that such communication be in writing. This consent extends to transactional emails (welcome, account updates, receipts, security alerts) and, if you opt in, to marketing and product-update emails.
17. Software Updates
The Service may include software that is automatically updated. You agree that we may update the software with or without notice and that your continued use of the Service after an update constitutes acceptance of the updated software and these Terms. We may require you to accept an update in order to continue using the Service.
18. Service Availability and Changes
We strive to maintain continuous availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes. Your sole remedy for dissatisfaction is to stop using the Service.
19. Warranty Disclaimer and Limitation of Liability
19.1 Warranty Disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TOWNE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty regarding the completeness, accuracy, availability, timeliness, security, or reliability of the Service; any harm to computer systems or data loss resulting from access to or use of the Service; or that the Service will be uninterrupted, secure, or error-free.
19.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOWNE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TOWNE ENTITIES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some of the above limitations may not apply.
20. Indemnification
You agree to defend, indemnify, and hold the Towne Entities harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable laws; (d) your violation of the rights of another party; (e) your interactions with other Members; or (f) your Member Content.
21. Termination
By you.You may terminate these Terms at any time by deleting your Account (Settings → Delete Account) and discontinuing use of the Service. Deletion takes effect immediately and is permanent; your profile and content are erased right away and cannot be recovered.
By us. We may suspend, terminate, delete, or deactivate your Account at any time, with or without notice, for violations of these Terms, Code of Conduct, or applicable laws, or for any other reason.
What a suspension is, and how to contest it. A suspended Account can still read its neighborhood, but cannot post, comment, or send direct messages. If you are suspended, we will tell you so plainly when you try to post, rather than leaving you to work it out from things silently failing. You may contest any suspension or termination by emailing [email protected], and we will review it and respond to you. We think being told what happened, and having somewhere to appeal, is the minimum a neighborhood platform owes its Members. Nothing in this paragraph limits the rights reserved above, and we may act immediately and without prior notice where we believe a Member’s safety is at risk.
Survival. Sections 7 (Your Content and Rights You Grant), 8 (Code of Conduct), 10 (Member Transactions), 11 (Disputes Between Members), 15 (DMCA), 19 (Warranty Disclaimer and Limitation of Liability), 20 (Indemnification), this Section 21, and 22 (Dispute Resolution) survive termination.
22. Dispute Resolution and Binding Arbitration
22.1 Informal Dispute Resolution
Before filing a formal claim, you agree to contact us at [email protected] with a written notice containing: (1) your name and contact information; (2) your Account email; (3) a statement of the claim and the facts supporting it; and (4) the remedy you seek. We will do the same if we have a dispute with you. We will try to resolve the dispute informally within 60 days before either party may begin arbitration.
22.2 Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. This governing law provision is limited to specifying the choice of law used in interpreting these Terms.
For any claim not subject to arbitration — including claims described in Sections 22.4 (small claims), 22.5 (emergency equitable relief), and 22.6 (IP and CFAA claims) — you and Towne agree that the exclusive jurisdiction and venue shall be the state or federal courts located in Marin County, California, and both parties consent to the personal jurisdiction of those courts. DMCA counter-notifications are subject to the separate jurisdictional consent required by 17 U.S.C. §512(g)(3)(D).
22.3 Arbitration Agreement
You and Towne agree that any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration on an individual basis, rather than in court, except as set forth in Sections 22.4, 22.5, and 22.6 below.
Arbitration will be conducted by JAMS under its then-current Comprehensive Arbitration Rules. The arbitration will be held in Marin County, California, or at another mutually agreed location. You may elect to have the arbitration conducted by telephone, video, or written submissions. The Federal Arbitration Act (9 U.S.C. §1 et seq.) governs the interpretation and enforcement of this Arbitration Agreement.
22.4 Small Claims Court
Notwithstanding the Arbitration Agreement, if the amount in controversy for any claim is less than $12,500, either party may bring an individual action in small claims court in the county where you reside or in Marin County, California. If the amount exceeds the small claims limit, the claim must be arbitrated.
22.5 Emergency Equitable Relief
Notwithstanding the Arbitration Agreement, either party may seek a temporary restraining order or other temporary equitable relief from a state or federal court of competent jurisdiction pending arbitration.
22.6 Claims Not Subject to Arbitration
The following claims are not subject to arbitration and may be brought in state or federal court: (a) claims alleging violations of the Computer Fraud and Abuse Act; (b) claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets.
22.7 Waiver of Jury Trial
YOU AND TOWNE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Court review of an arbitration award is subject to very limited review.
22.8 Waiver of Class Relief
ALL CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, except as provided in Section 22.9 (Batch Arbitration).
22.9 Batch Arbitration
To increase efficiency, if 25 or more individual arbitrations of a substantially similar nature are filed against Towne by or with the assistance of the same law firm, group of law firms, or organizations, within a 90-day period, the arbitration provider shall: (i) administer the arbitrations in batches of up to 50 claims per batch; (ii) appoint one arbitrator per batch; and (iii) resolve each batch as a single consolidated arbitration with one set of filing fees, one procedural calendar, and one final award.
22.10 Authority of the Arbitrator
The arbitrator has exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to its interpretation. However, disputes arising out of or relating to the class action waiver in Section 22.8 shall be decided by a court of competent jurisdiction.
22.11 Survival
This Arbitration Agreement survives termination of your Account or these Terms.
22.12 30-Day Right to Opt Out
You have the right to opt out of this Arbitration Agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, Account email, and a clear statement of your decision to opt out. If you opt out, all other parts of these Terms will continue to apply.
23. General
Entire agreement. These Terms constitute the entire agreement between you and Towne regarding the Service and supersede any prior agreements.
Changes. We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect via email and in-app notification. Continued use after changes take effect constitutes acceptance.
Severability. If any provision is found unenforceable, that provision will be severed from these Terms and the remainder will remain in full force.
No agency. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Towne.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. Axiomic, LLC may assign its rights and obligations under these Terms without restriction or notice. Any attempted assignment in violation of this section is void.
Waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.
Force majeure. We are excused for any delay or failure due to circumstances beyond our reasonable control.
24. Contact
For questions about these Terms, contact:
[email protected]
Axiomic, LLC
1 Blackfield Dr PMB 216, Tiburon, CA 94920