Terms & Conditions

Please Read These Terms of Use Carefully

The following are terms of a legal agreement between you, herein referred to as “CUSTOMER,” and Town Center, herein referred to as “Company.”  By using products and services provided by Company and submitting your credit information you acknowledge that you have read, understood, and agree, to be bound by these terms.

  1. Introduction. Town Center “Company” agrees to provide you (“CUSTOMER”) with marketing services, subject to your compliance with the Agreement and Terms.
  2. Term. These terms are effective on the Order Form date and shall continue until terminated by either party.
  3. Service. Company grants to CUSTOMER, under the condition that CUSTOMER complies with all its obligations under this Agreement and Terms, a non-exclusive, non-transferable, and revocable right to access, use, and view products and services agreed to in the Order Form, which may include functions for Social Media management, advertising, contact data storage, email marketing, analytics, reporting, lead generation, and related web based content and materials, herein referred to as “products and services.”  CUSTOMER agrees to grant access and login credentials to any Social Media products or services for Company usage to provide products and services provided herein and on the Order Form.  Depending on the Package selected, the service may include content, text, videos, images, sounds, or other content (collectively, “Content.”)
  4. Use of Content. CUSTOMER will provide Company with information which Company will utilize for Content on Social Media sites and website, if applicable. CUSTOMER fully authorizes Company to act on CUSTOMER’s behalf to post Content, respond to posts, and write relevant and original Content on any and all Social Media sites and website agreed to on Order Form by CUSTOMER.  CUSTOMER agrees to Indemnify and hold harmless Company under Section 11. of this Agreement and Terms.
  5. Ownership. Title and full ownership rights in and to products and services, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Company products and services, shall remain at all times solely with Company  and other third party providers contracted by Company.
  6. Billing. CUSTOMER agrees to pay Company the fees and cost on the applicable Order Form. All fees are in United States. Fees are due upon execution of the Order Form and paid in advance for each month of service provided. CUSTOMER will be billed separately from COMPANY for services and Social Media provider (i.e. Facebook, Instagram, Twitter) for advertising charges each month. If CUSTOMER fails to provide payment, Company service and products may be suspended or terminated. Company will keep active CUSTOMER’S products, services, content, and data up to 60 days. After that time, Company reserves the right to cancel products and services, and will delete content and data relevant to CUSTOMER without notice or liability to CUSTOMER.
    1. Billing for services are based on a monthly cycle effective on the Order Form date.
    2. CUSTOMER may upgrade or downgrade products and services at any time with a signed Order Form for applicable products and services. Any upgrades or downgrades will become effective on the next billing cycle.
  7. Communications. In efforts to consistently improve our products and services, we always want to hear from our customers.  Whether comments, suggestions, praise, complaints, or any other communication, we are listening.  You grant Company a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, publish, distribute, and publicly display (in whole or in part) your communication in any form, your name, and any related copyrights.
  8. Confidentiality. Both parties agree to maintain in confidence any proprietary or non-public information of the other party, whether written or otherwise, disclosed by the other party in the course of performance of these Terms that a party knows or reasonably should know is considered confidential by discussions or correspondence shall be considered Confidential Information.  The receiving party shall not disclose, use, transmit, inform, or make available to any entity or person Confidential Information, except as a necessary part of performing its obligations hereunder, and shall take all such actions as are reasonably necessary and appropriate to preserve and protect the Confidential Information and the parties’ respective rights therein, at all times exercising at least a reasonable level of care.  Each party agrees to restrict access to the Confidential Information of the other party to those employees or agents who require access in order to perform and who agreed to be bound by these obligations of confidentiality and non-disclosure.  Company also agrees not to distribute, market, or sell CUSTOMER data, lists, phone numbers, addresses, or any other CUSTOMER data to any third party.
  9. Representations. This Agreement constitutes a valid, binding, and enforceable agreement in accordance with its Terms’ information or data that CUSTOMER has provided or will provide will be both accurate and complete to the best of CUSTOMER’s knowledge; and, CUSTOMER’s data, information, and/or usage of products and services will not violate any applicable law or regulation, both federal and state, and does not infringe in any manner any third party rights, including, without limitation copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; and/or does not contain, link to or promote violence, illegal activities, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  10. Limitation of Liability and Disclaimer. CUSTOMER acknowledges and agrees that it will not hold Company liable for any errors in content, omissions, damages, costs, refunds, or rebates of any kind, or any interruption of service or other unavailability of products and services for whatever reason.  Company makes no representations or warranties relating to the products and services, including without limitation, the number of impressions, views, or click-through and any promotion effect or return on investment thereof.  As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics and reporting.  In no event shall Company be responsible for any lost profits, or other damages arising under this Agreement.  Without limiting the foregoing, Company shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of Company, including but not limited to governmental action, fire, flood, earthquake, power failure, labor or material shortage, carrier interruption of any kind or work slowdown.
  11. Indemnification. CUSTOMER agrees to indemnify, defend, and hold harmless Company, its partners, it licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including without limitation, reasonable attorneys’ fees) that may be at any time be incurred by any of them by reason of any claims, suits, or proceedings for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, incorrect content, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation in connection with services performed on behalf of CUSTOMER.
  12. Termination. CUSTOMER may terminate the agreement for products and services at any time with or without cause upon notice via phone or email to Customer Care or your dedicated Social Media Account Manager. Services will terminate the month following notice by CUSTOMER. CUSTOMER agrees to pay for products and services in the month termination notice is provided. Company reserves the right to keep active CUSTOMER’S products, services, content, and data up to 60 days following termination.
    1. CUSTOMER may terminate these Terms or any Order Form within 3 calendar days of execution of the Order Form for any reason and CUSTOMER will receive a full refund.
    2. Company may immediately terminate these Terms if Company reasonably suspects the service and products are being used by CUSTOMER in any unlawful manner, including fraudulent, abusive, or illegal activity, or for any other reason deemed by Company.
  13. Entire Agreement. This Agreement between Company and CUSTOMER supersedes any other oral or written agreements regarding the products and services specified in this agreement and Order Form.  Neither CUSTOMER nor any agent of Company may amend this Agreement and Terms.  No oral or written representation made by any person that purports to modify this agreement is binding on Company.
  14. Arbitration. If either party cannot satisfactorily resolve any dispute or claim in regards to these Terms, CUSTOMER and Company agree to resolve any dispute or claim by arbitration. Any arbitration proceeding shall be conducted in Orange County, California in accordance with the rules of the American Arbitration Association, including the selection of an independent arbitrator chosen by the American Arbitration Association that is domiciled in Orange County, California. The laws of the State of California shall apply and both parties agree that an arbitrator cannot award punitive damages to either party and agree to be bound by the arbitrator’s findings and decision.
  15. Governing Law. CUSTOMER and Company agree that this agreement and all disputes relating to this agreement will be governed by and interpreted according to the laws of the State of California.
  16. Authority. The person submitting credit card information or subscribing to serve hereby certifies that he or she is either CUSTOMER, or that he or she has been lawfully authorized to submit Agreement and authorize the Order Form on behalf of CUSTOMER.