TERMS OF USE
TOWER LLC TERMS OF USE


Last updated: May 6th, 2018

Acceptance of Terms of Service 

This is an agreement between TOWER LLC, (“Company”), the owner and operator of towerira.com (the “Site”), and you (“you” or “You”), a user of the Site. By using the Site you acknowledge and agree to these Terms of Service and the Privacy Policy, which can be found at http://towerira.com/privacy-policy/ and is incorporated by reference. These Terms of Service apply to all visitors, users and others who access or use the Service. If you choose to not agree with any of these terms, you may not use the Site.

Changes to Terms of Service

Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time.

Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.

Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.

Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

Use of Site

License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.

Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.

Eligibility to Use Services

You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to TOWER LLC that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Driving traffic through TOWER LLC to any of our offers by any deceptive practice other than voluntary clicks from users will result in the immediate termination of an account and forfeiture of funds.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). Properties that participate in the TOWER LLC Program may not include any of the following:

Adult, obscene or pornographic contentOnline gamblingSale of tobacco, alcohol, prescription drugs, weaponsor ammunitionP2P file-sharing, torrent, or anything that facilitatesor promotes copyright infringementViolence or hate contentPromotion of anything illegal, including illegal drugsor drug paraphernalia or black-hat hackingDefamatory or libelous contentDistribution of viruses, malwareSignificant unmoderated user-generated contentContent that you do not have full legal rights to useon your PropertiesDefamatory, libelous, slanderous, profane or unlawfulcontentViruses, worms, corrupted files, cracks or othermaterials that may damage any third party property or misappropriateinformation 

You, your employees and your representatives may not do any of the following:

Inflate interaction with offers/coupons, including bybots or other automated means and any human usersIncent users to interact with offers/coupons byoffering them anything of value to do soCharge users to access offers/couponsYou and your Properties must comply with all applicablelaws and regulations. 

You may not use the Program with any Property that is directed or targeted at children under age 13 or that are used by a substantial or disproportionately high ratio of children under age 13.

Commissions and Payment

For full details on how commissions and payments work review the Ronin Affiliates affiliate agreement.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TOWER LLC. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Your Account

Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.

Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.

Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.

Use of Other Accounts. You may not use anyone else’s account at any time, without the permission of the account holder.

Account Security

The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

 Third Party Content

Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.

Privacy

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by the Company.

Copyright Policy

The Company respects the intellectual property rights of others and expects of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, identification of the copyrighted work claimed to have been infringed,

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, your contact information, including your address, telephone number, and an email address,

a statement by you that you 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, and a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Trademarks

The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company, except in accordance with our brand guidelines, available in the TOWER LLC affiliate agreement. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.

Promotions

Some may promote competitions, promotions, prize draws and other similar opportunities on the Site (“Third Party Competitions”). The Company is not the sponsor or promoter of these Third Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms.

Termination

Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.

Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.

Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.

Disclaimers

 The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

Limitation of Liability

To the fullest extent permitted by applicable law in no event shall the Company be liable for:

any direct, special, indirect or consequential damages, or

any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.

Arbitration

Claim Procedure. For any dispute, you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside.

Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.

Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.

Governing Law

This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules.


Contact Us

If you have any questions about these Terms, please contact us at support@towertrust.com


TOWER LLC
8383 Wilshire Blvd, Beverly Hills, CA 90210


   © 2018 TOWER LLC. ALL RIGHTS RESERVED