Townchest LLC - Acceptable Usage Policy

Townchest Shopping for Good Program Acceptable Usage Policy  

This Townchest Shopping for Good Program Acceptable Usage Policy (“ Usage Policy ”) is part of the Program Policies incorporated into the Townchest Shopping for Good Program Participation Agreement that governs your participation in the Program, and capitalized terms used in this Usage Policy and not otherwise defined here will have the definitions provided there. This Usage Policy describes requirements and restrictions applicable to you as a Program participant.  

We reserve the right to modify this Usage Policy at any time and in our sole discretion as set forth in the Participation Agreement.  

Advertising Townchest  

• You may not promote or link to Townchest in a way that is misleading or confusing to customers or that does not accurately represent Townchest or the Program (for example, by expressing or implying that we have entered into a partnership with you, that we sponsor or endorse you or any other cause or that we support your position on any issue).  

• You will not bid on or purchase keywords, search terms, or other identifiers (including any trademark of Townchest or its affiliates or variation or misspelling thereof) or otherwise participate in keyword auctions on any search engine, portal, or other search or referral service, directly or indirectly, in order to drive traffic to Townchest (including by including a link that sends users directly or indirectly to townchest.com in any such ad). 

Interaction with Townchest and Townchest Customers  

• You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with Townchest (including any usernames or passwords of Townchest customers).  

• You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of Townchest.  

• You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.  

• Customers who buy products through Townchest are customers of Townchest or its affiliates with respect to all activities they undertake in connection with the Program, and you acknowledge and agree that you are not entitled to receive any customer information except as required by applicable law. Orders for Products placed by customers on Townchest may be rejected for any reason and rejected orders are not Qualifying Transactions. If contacted by any of our customers for a matter relating to interaction with Townchest, you will inform that those customers that they should follow contact directions on Townchest to address customer service issues.  

User Conduct & Unacceptable Practices  

You must use the Site, including any portions of the site you are given access to through the Program, in accordance with the Terms of Service.  

You further agree that you will only use the Program in accordance with the Participation Agreement and will not:  

• upload, post, email, transmit, or otherwise make available any Submission that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;  

• harm minors in any way;  

• upload personal information, including photographs or contact information, of individuals who are under 18 years of age without consent from their legal guardian;  

• falsely impersonate any person or entity, including, but not limited to, a Townchest employee, Vendor representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;  

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Program;  

• upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);  

• upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party;  

• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;  

• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;  

• interfere with or disrupt the Program or servers or networks connected to the Program, or disobey any requirements, procedures, policies or regulations of networks connected to the Program;  

• intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by the Ontario Securities Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;  

• collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, export controlled or sanctioned countries, entities or persons under U.S. law, or any such similar legislation in your local jurisdiction;  

• collect or provide funds, directly or indirectly, for any activity outside of the purpose for which you have publicly stated you are collecting or providing the funds;  

• collect or provide funds, directly or indirectly, for any fraudulent activity, including, but not limited to money laundering;  

• stalk or otherwise harass another User;  

• collect or store personal data about other Users without their express consent or in connection with the prohibited conduct and activities set forth above;  

• attempt to override or circumvent any of the usage rules embedded into the Program;  

• take any action that imposes or may impose (as determined by Townchest in its sole discretion) an unreasonable or disproportionately large load on the Townchest platform’s infrastructure;  

• interfere or attempt to interfere with the proper working of the Program or any activities conducted on the Program;  

• bypass any measures that Townchest may use to prevent or restrict access to the Program (or other accounts, computer systems, or networks connected to the Program);  

• run Mail list, Listserv, or any form of auto-responder or "spam" on the Program, including use of the Program to manually “spam”;  

• use manual or automated software, devices, or other processes to "crawl" or "spider" the Townchest Platform;  

• intentionally or unintentionally commit click fraud by using a person, automated script, or computer program to imitate legitimate use of a web browser; or  

• access (or attempt to access) the Program by any means other than through the interface that is provided by Townchest, unless you have been specifically allowed to do so in a separate agreement with Townchest.  

• include on your Site, display, or otherwise use Links or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.  

• use Content or Links on, or link to Townchest from, any application (for example, a software component, toolbar, or plug-in), or use any such application to artificially increase Qualifying Purchases in respect of your charitable organization.  

• frame Townchest (townchest.com or any experience within the Townchest Shopping app for iOS or Android phones), or any part of it, within your Site. However, displaying a Link on your Site in accordance with the Participation Agreement will not be considered framing Townchest. You may promote your Program participation and Link through social media and email as described in the Program Policies.  

• post or serve any Links or other content promoting Townchest within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not your Site.  

• include any Links in any content that you place on Townchest or any other Townchest site (for example, in connection with any advertising service available through Townchest or in a customer review, forum, post, guide, or any other customer-generated context available on Townchest).  

• cloak, hide, spoof, or otherwise obscure the URL of your website containing Links (including by use of a redirecting page) such that we cannot reasonably determine the website from which a customer clicks through such Link to Townchest.  

Information Verification Compliance  

From time to time, we may request information from you in order to verify your compliance with the Participation Agreement or any Program Policies, including whether you meet, or continue to meet, the definition of an Eligible Organization or Affiliated Group. You agree to cooperate with us and promptly satisfy such requests. Upon our request, you will provide us with written certification, in substantially the form requested by Townchest, that you have complied with the Participation Agreement, including all Program Policies. In addition, you consent to us monitoring your Site to verify your compliance with the Participation Agreement, and you will provide copies of Content on offline versions of your Site upon request. You also consent to us monitoring and using information about our customers in connection with their use of the Links and Townchest.  

 

Remedy  

The Townchest platform is private property. All interactions on the platform must be lawful and must comply with these Terms of Use. To the extent that your conduct (as judged by us in our sole discretion) does not comply, including by restricting or inhibiting other Users’ enjoyment of the Townchest platform, we may limit or terminate your use of the Program and seek other remedies.  

If Townchest suspects, at its sole discretion, that the Program has been used in any illegal manner, we reserve the right to terminate the appropriate User’s access to the Program and to report such use and User to the relevant authorities.