TERMS AND CONDITIONS OF CERTIFICATE ACCEPTANCE
BY ACCEPTING THE ACCOMPANYING CERTIFICATE REDEEMABLE FOR GOODS OR SERVICES AT A BUSINESS NOT OWNED OR OPERATED BY
TOWNSQUARE MEDIA OR ITS AFFILIATES ("THIRD-PARTY PROVIDER"), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCEPT THE CERTIFICATE.
1. The redemption of the accompanying certificate and all other matters concerning the goods or services to be received, including, but not limited to, delivery, availability, condition, fitness for a particular use, warranty, guarantee, maintenance are solely between you and the Third Party Provider. Townsquare Media does not transfer the ownership of goods or services from the Third Party to you.
2. You expressly agree that Townsquare Media, including any affiliates under common ownership or control, is not a party to the purchase or redemption transactions. Townsquare Media is not an agent or broker in any facet of the transactions. As such, Townsquare Media does not endorse, represent, warrant, or guarantee such goods or services and is not liable for the accuracy of the description of such goods or services, the Third Party's actions or inactions, or for quality, safety, legality or availability of such goods or services, including any defects in such goods or services.
3. Townsquare Media is not responsible for monitoring any transactions between you and any Third Party Provider, or for ensuring the confidentiality of any of your personal or financial information by such Third Party Provider.
4. If you have a dispute with the Third Party Provider or any third party arising out of the redemption of the accompanying certificate, the goods or services received or from the use or non-use of such goods or services, you release Townsquare Media (and its officers, directors, agents, joint ventures and
employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. You agree to indemnify, defend and hold Townsquare Media, its officers, directors, agents, joint ventures and employees from and against any and all claims, actions, demands, liabilities, costs, expenses, including without limitation, reasonable attorneys' fees, arising directly or indirectly from the issuance or
redemption of the accompanying certificate or from the use of the product or service provided in exchange for redemption. Townsquare Media reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Townsquare Media in asserting available defenses.
6. TOWNSQUARE MEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
7. Regardless of the prior provisions, if Townsquare Media is found to be liable, our liability to you or any third party is limited to the amount originally paid by you for the accompanying certificate.
All Rights Reserved - Townsquare Media 2012