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Terms of Service

The webpages available at njholidaydeals.com, and all linked pages ("Site"), are owned and operated by NimbleCommerce, Inc. (commonly known as "NimbleCommerce"), a New York corporation, and are accessed by you under the Terms of Use described below ("Terms of Use").

Agreement
By using this Site, you agree to comply with and be bound by the Terms of Use. Please review these Terms of Use carefully. If you do not agree to these Terms of Use, you should not use this Site.
The Terms of Use may be modified at any time by NimbleCommerce upon posting of a modified agreement. Any such modification shall be effective immediately. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of the Terms of Use.

Privacy
Your visit to our site is also governed by our Privacy Policy.

Description of njholidaydeals.com
Subject to full compliance with the Terms of Use, NimbleCommerce may offer to provide certain services and content, as described more fully on the Site. By placing an order on the Site, you make an offer to NimbleCommerce to purchase the voucher you have selected (the "Voucher") on the terms and conditions stated below. NimbleCommerce may change, suspend or discontinue the Site including any content for any reason, at any time. NimbleCommerce may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Further Service Understandings
NimbleCommerce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any aspect or feature provided by NimbleCommerce on the Site (or any part thereof) with or without notice. NimbleCommerce will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that NimbleCommerce shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect or feature provided by NimbleCommerce on the Site.
You acknowledge that interruption in service or events beyond the control of NimbleCommerce may occur and that NimbleCommerce shall not be responsible for any data lost while transmitting information on the Internet. You further acknowledge that the Site may be unavailable from time to time for any reason, including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of NimbleCommerce, access to the Site may be interrupted, suspended, or terminated from time to time.
Unless explicitly stated otherwise, any new features that augment or enhance the Site, shall be subject to these Terms of Use. You understand and agree that the Site and all services provided thereon are provided AS-IS and that NimbleCommerce assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Your Registration Obligations
You will create a password and account during the registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NimbleCommerce of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. NimbleCommerce cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or NimbleCommerce has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, NimbleCommerce has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

End User Conduct
In using the Site, you understand that you are liable for all information, in whatever form, you make available to other end users ("Information"). You agree not to use the Site to:

  1. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a NimbleCommerce official or forum leader or falsely state or otherwise misrepresent your affiliation with a person or an entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted on the Site;
  5. upload, post, email, transmit, or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  7. perform any commercial, religious, political, or noncommercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other services directly or indirectly competitive or potentially competitive with NimbleCommerce;
  8. 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 solicitation, except to the limited extent permitted in those areas that are designated for such purpose and within the scope of such designation;
  9. 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;
  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, or other applicable rules, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any regulations having the force of law; or
  12. stalk or otherwise harass another.

You acknowledge that NimbleCommerce does not prescreen any content working in coordination with the Site but that NimbleCommerce and its designees shall have the right (but not the obligation) in their sole discretion to revoke the use of the Site to anyone based on such content. You acknowledge and agree that NimbleCommerce may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms of Use, (c) respond to claims that any Information violates the rights of third parties, or (d) protect the rights, property, or personal safety of NimbleCommerce, its users, and/or the public. You understand that the technical processing and transmission of the Site, including your Information, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Purchases
The Voucher you purchase is redeemable for goods or services by the seller of such goods and services (the "Merchant"). The Merchant, not NimbleCommerce, is the seller of the goods and services and is solely responsible for redeeming any Voucher you purchase. NimbleCommerce sells the Voucher that can be used to redeem the goods or services from the Merchant. You agree to pay all fees, charges, and/or associated taxes ("Fees") charged to your account based on NimbleCommerce's fees, charges, and billing terms in effect as shown on NimbleCommerce. If you do not pay on time or if NimbleCommerce cannot charge your credit card, PayPal, or other payment method for any reason, NimbleCommerce reserves the right to either suspend or terminate your access to the Site and your account. You are expressly agreeing that NimbleCommerce is permitted to bill you for the applicable Fees you may incur in connection with your use of this Site and the Fees will be billed to your credit card, PayPal, or other designated payment method. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that NimbleCommerce may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.

US$, C$, and £ Purchases: When you purchase subscriptions, items, and services on this Site with cash or monetary equivalent, your purchases are non-refundable and are made at your own risk. If you have any billing problem or question, please email deals-Support @njpressmedia.com to send us a description of your problem. Additionally, if NimbleCommerce disables your use of an item as set forth in these Terms of Use, any cash or any credits that you used to purchase such items will not be refunded.

Additional Terms for Use of Vouchers

  1. Use of the Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable state and federal laws.
  2. The Voucher cannot be combined with any other vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Merchant.
  3. Only one Voucher can be used per order unless otherwise specified by the Merchant.
  4. Restaurant-specific Vouchers cannot be used for taxes, tips, or prior balances, unless permitted by the restaurant.
  5. The Voucher expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Voucher to the extent required by applicable law.
  6. If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash, or new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value if the amount that you paid for the Voucher exceeds the amount you redeemed.
  7. The Voucher may be applied only to merchandise sold by the Merchant and may not be applied to shipping or handling charges.
  8. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities, and costs suffered by you, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers.
  9. According to the laws of the respective states in which you purchased your Voucher, and in which you wish to redeem your Voucher, the Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for you Voucher for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at the Merchant for the promotional offer, state laws may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. If applicable, this is a statutory provision which applies to the Merchant and is the sole responsibility of the Merchant (and in no way the responsibility of NimbleCommerce) to comply with such applicable laws and statutes which may govern the Merchant.

Termination
You agree that NimbleCommerce, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Information within the Site, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due NimbleCommerce, or if NimbleCommerce believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. NimbleCommerce may also in its sole discretion and at any time discontinue providing any services, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice. You further acknowledge and agree that NimbleCommerce may immediately deactivate or delete your account and all related Information and files in your account and/or bar any further access to such files or the Site. Further, you agree that NimbleCommerce shall not be liable to you or any third-party for any termination of your access to the Site.

Proprietary Rights
You acknowledge and agree that the Site and all content contain proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized in writing by NimbleCommerce, you agree not to copy, modify, rent, lease, loan, sell, distribute, publish, or create derivative works based on the Site or its content, in whole or in part. You agree not to (and agree not to allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Site. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to access the Site by any means other than through the interface that is provided by NimbleCommerce for use in accessing the Site.

You understand that, by posting materials on the Site, you are granting to NimbleCommerce a royalty-free, perpetual, irrevocable license to use this information in the course of offering the NimbleCommerce service. Furthermore, you understand that NimbleCommerce retains the right to reformat, excerpt, or translate any materials submitted by you. You also permit any other end user to access, view, store, or reproduce the material for that end user's personal use. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that NimbleCommerce will not be liable for any errors or omissions in any content. You understand that NimbleCommerce cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

Trademark Information
NimbleCommerce trademarks and service marks, and other NimbleCommerce logos and product and service names are owned by and are the exclusive property of NimbleCommerce (the "NimbleCommerce Marks"). Without NimbleCommerce's express prior written permission, you agree not to display or use in any manner, the NimbleCommerce Marks.

No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services provided on the Site, use of the Site, or access to the Site, other than as provided within the scope of these Terms of Use.

Third Party Content
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NimbleCommerce has no control over such sites and resources, you acknowledge and agree that NimbleCommerce is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NimbleCommerce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of NimbleCommerce. NimbleCommerce neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than authorized spokespersons of NimbleCommerce while acting in official capacities.

Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of you knowledge.
NimbleCommerce shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any applicable law, regulation, or authorized government request. NimbleCommerce shall have the right to remove any material that NimbleCommerce, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnity
You agree to indemnify, defend, and hold NimbleCommerce, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim, liability, loss, expense, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) Information you submit, post, transmit, or make available through the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of the Terms of Use, including any violation of the End User Conduct section above, or (vi) your violation of any rights of another.

Disclaimer of Warranties
You Expressly Understand and Agree that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. NimbleCommerce EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NimbleCommerce MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NimbleCommerce OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS OF USE SECTION MAY NOT APPLY TO YOU.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NimbleCommerce SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NimbleCommerce HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE SITE, ANY CONTENT ON THE SITE, AND THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS TERMS OF USE SECTION MAY NOT APPLY TO YOU.

Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

General Information

  1. Entire Agreement. The Terms of Use constitutes the entire agreement between you and NimbleCommerce and governs your use of the Site, superseding any prior agreements between you and NimbleCommerce. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party information or third-party software.
  2. Choice of Law. The Terms of Use and the provision of services to you are governed by the laws of the state of New York, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
  3. Arbitration. Any controversy or claim arising out of or relating to the Terms of Use or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and NimbleCommerce agree to submit to the personal jurisdiction of the federal and state courts located within the city of New York, New York. Either you or NimbleCommerce may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York necessary to protect the rights or property of you or NimbleCommerce (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
  4. Invalid Provisions. The failure of NimbleCommerce to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
  5. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  6. Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
  7. Notices. Notices to you may be made via email or regular mail. Our mailing address is 3601 Highway 66, Box 1550, Neptune, NJ 07754
  8. Attorneys' Fees. In the event any legal action or proceeding is instituted to construe, interpret, enforce or avoid these Terms of Use, the finally prevailing party shall be entitled to recover, in addition to all other available remedies, all costs and reasonable attorneys' fees and costs, which may be determined in the principal action or in a later action brought for that purpose.

Violations
Please report any violations of the Terms of Use to deals-support@njpressmedia.com


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