MYNEIGHBORHOODSAVERS.COM TERMS AND CONDITIONS

Last updated January 12, 2012

IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions: Please carefully read the MyNeighborhoodSavers.com Terms and Conditions and Privacy Policy (Collectively, “Agreement,” “Terms and Conditions,” or “Terms of Use”) prior to accessing or using the rest of the MyNeighborhoodSavers.com Website. By accessing or using www.MyNeighborhoodSavers.com, or any derivative of the MyNeighborhoodSavers.com Website, (collectively, the “Website,” “MyNeighborhoodSavers.com,” or “We”), You (“User” or End User”) acknowledge that you have read, understand, and agree to be bound by all the Terms and Conditions set forth in this Agreement, including the CONDITIONS FOR PURCHASE OF SERVICES AND DISCOUNTS (Part I) and the CONDITIONS FOR USE OF WEBSITE (Part II), even if you do not make a purchase and or use the Services available through MyNeighborhoodSavers.com.

Changes to the Terms and Conditions. MyNeighborhoodSavers.com reserves the right to make any modification to our Terms of Use as we deem necessary or desirable without prior notification to you. We suggest, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and you continue to use our Website, including, but not limited to, by logging into your account or purchasing the right to access a promotional certificate, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications.  Please note any deletions or modifications to these Terms of Use shall be effective immediately upon MyNeighborhoodSavers.com's posting thereof.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.

Introduction

This is a summary of MyNeighborhoodSavers.com’s terms, conditions and privacy policy that are incorporated into this Agreement. For our complete Terms and Conditions, please read below under “MyNeighborhoodSavers.com Terms and Conditions.” For our complete Privacy Policy, please visit and read MyNeighborhoodSavers.com’s Privacy Policy here.

• Your privacy is important to us and we want to protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy. Please see our Privacy Policy for details.
• As a condition of account registration and sign-in, MyNeighborhoodSavers.com requires you give them permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products, services, and promotional offers. You can opt-out of our promotional emails anytime by logging in to your account on MyNeighborhoodSavers.com or by hitting the unsubscribe button at the bottom of any of our email correspondence. Please see our Privacy Policy for details.
• By placing an Order, you make an offer to us to purchase the products and services you have selected based on the MyNeighborhoodSavers.com Terms and Conditions set forth herein.
• You are required to create an account in order to purchase any product or service, or to redeem a gift from the Website. This is required so we can provide you with easy access to print and access your orders, view your past purchases and/or gifts, and modify your preferences. Creation of an account requires providing a valid email address.

To read the complete MyNeighborhoodSavers.com Terms and Conditions, please see below.

MyNeighborhoodSavers.com Terms and Conditions
All Terms and Conditions apply to both the Conditions for Purchase of Services and Discounts and Conditions for Use of Website.

I. CONDITONS FOR PURCHASE OF SERVICES AND DISCOUNTS

By placing an order, you make an offer to us to purchase the discounted promotional certificates number or code (“Discount(s)”) you have selected based on these Terms and Conditions. 

You are required to create an account in order to purchase any Discounts.  As a condition of account registration, we require that you allow us to send you informational and promotional emails. This is required so we can provide you with a convenient way to access to your orders, view your past purchases, review your shopping cart, and modify your preferences.  You may opt out of promotional emails at any time as set forth in our Privacy Policy.

MyNeighborhoodSavers.com reserves the right at all times to discontinue or modify any of these Terms and Conditions at our sole discretion without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. You acknowledge that it is your responsibility to review these Terms and Conditions prior to logging in to your account.  If we make changes to these Terms and Conditions and you continue to use our Website or Services, including, but not limited to, by logging into your account, you are agreeing to and accepting these Terms and Conditions. 

1. Definitions
As used herein:

“Store-Specific Gift Coupons” (also referred to as Gift Certificates”) – Refers to -specific certificates that can be accessed or printed and then redeemed to obtain a reduction in the price of a meal at the restaurant identified on such certificate.

“MyNeighborhoodSavers.com Gift Coupons” and “MyNeighborhoodSavers.com Gift Cards” – Refers to store credit coupons or gift cards offered by the Website that entitle the holder to redeem the face value of the coupons for an equivalent face value amount at any designated MyNeighborhoodSavers.com website, for any -Specific Gift coupons or Merchant coupons offered at the time of redemption at that website.

“Merchant coupons” – Refers to Merchant-specific promotional coupons that can be accessed or printed and then redeemed at one of MyNeighborhoodSavers.com’s online partners to get a reduction in the price of merchandise sold by that particular merchant on its website. 

2. Discount Pricing and Availability
MyNeighborhoodSavers.com does not guarantee availability of Discount on our Website, and reserves the right to modify or discontinue Discounts at any time, or to add fees at any time.  All Discounts are subject to change, and pricing and participation of affiliated restaurants may vary.  Limited quantities of certain Discounts may be available and any offers are good only while supplies on the Website, or any affiliate website, last. 

3. MyNeighborhoodSavers.com Promotional Codes (referred to as “Promo Codes”)
If you obtain a Promo Code that can be used to reduce the purchase price of a MyNeighborhoodSavers.com Discount, please note the following: 

• Any percentage offer is off the retail price of a Discount on the MyNeighborhoodSavers.com Website, as posted on the Website at the time of purchase. 
• Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions or offers.
• Promo Codes may not be applied when redeeming a MyNeighborhoodSavers.com Gift coupon or MyNeighborhoodSavers.com Gift Card.
• Discounts may or may not be applied automatically.  Regardless, under no circumstances will MyNeighborhoodSavers.com be liable for failure to properly apply a Promo Code.  The End User bears full responsibility for any error and any related bank fees, and we encourage all End Users to review their orders prior to submission.
• Redemption of any Promo Code requires the End User to agree to the Terms of this Agreement.

4. Terms and Conditions for Store-Specific Gift coupons
All Restaurant-Specific Gift Certificates are subject to the following additional terms and conditions, as well as any conditions listed under “Special Instructions” on the certificate itself.  The “Special Instructions” are listed prior to purchase on the site or any Microsites and listing pages.  In the event of a conflict between the terms listed in this Section, and a Special Instruction on a Stor-Specific Gift Coupon, the Special Instruction controls.  Please review both these terms and the Special Instructions prior to purchase.

• Only one (1) Store-Specific Gift Coupon may be redeemed per party, per month, per Store.
• Not valid for taxes, tips, merchandise or prior balances.
• Cannot be combined with any other certificates, third party certificates, MyNeighborhoodSavers.com Gift Coupon or other coupons.

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The redemption of a Store -Specific Gift Coupon requires additional consideration paid to the restaurant.  Store -Specific Gift Coupon have no value without additional consideration. Store -Specific Gift Coupon are redeemable in their entirety only and may not be redeemed incrementally.  Neither MyNeighborhoodSavers.com nor the Store is responsible for lost or stolen Store -Specific Gift Coupon or Certificate Numbers. The Store is solely responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages. Unauthorized reproduction, resale, modification, or trade of this Restaurant-Specific Gift Coupon is prohibited. Any attempted redemption that violates these Terms & Conditions may render this Coupon void.

The Store is the holder and issuer of this Store Gift Coupon. As the holder and issuer of this Store Gift Coupon, the Store is responsible for the final disbursement of this discount. Whether you choose to use this Store Gift Coupon after acquiring the right to access it to get a reduction in the price of your item at the participating Store is at your sole discretion. 

This Store Gift Coupon does not expire.

5. Terms and Conditions for Merchant Coupon All Merchant Coupon are subject to the following additional terms and conditions, as well as any conditions listed under “Special Instructions” on the certificate itself.  The “Special Instructions” are listed prior to purchase on the individual Microsites and listing pages In the event of a conflict between the terms listed in this Section, and a Special Instruction on a Merchant Coupon, the Special Instruction controls.  Please review both these terms and the Special Instructions prior to purchase.

• Only one (1) Merchant Coupon may be redeemed per order.
• May only be applied to merchandise sold by Merchant, and is not valid for shipping and handling charges or prior balances.
• Cannot be combined with any other Merchant Coupon, third party certificates, MyNeighborhoodSavers.com Gift Coupon or other coupons.
• Unless otherwise stated, may only be redeemed at the Merchant’s website.

The redemption of a Merchant Gift Coupon requires additional consideration paid to the Merchant.  Merchant Coupon have no value without additional consideration. Merchant Coupon are redeemable in their entirety only and may not be redeemed incrementally.  Neither MyNeighborhoodSavers.com nor the Merchant is responsible for lost or stolen Merchant Coupon or Coupon Numbers. Merchant is solely responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages. Unauthorized reproduction, resale, modification, or trade of Merchant Certificates is prohibited. Any attempted redemption that violates these Terms & Conditions may render this Certificate void.

The Merchant is the holder and issuer of this Merchant Certificate. As the holder and issuer of this Merchant Certificate, the Merchant is responsible for the final disbursement of this discount. Whether you choose to use this Merchant Certificate after acquiring the right to access it to get a reduction in the price of your purchase at the participating Merchant is at your sole discretion. 

This Merchant Certificate does not expire.

6. Terms and Conditions for MyNeighborhoodSavers.com Gift Certificates and MyNeighborhoodSavers.com Gift Cards
You are required to create an account when redeeming a MyNeighborhoodSavers.com Gift Coupon or MyNeighborhoodSavers.com Gift Card on any of our Websites, including our gift or incentive and loyalty solutions websites. This is required so we can track your past orders and provide you access to your Restaurant-Specific Gift Certificates and Merchant Coupon.  All MyNeighborhoodSavers.com Gift Coupon and MyNeighborhoodSavers.com Gift Cards are subject to the following additional terms and conditions:

• MyNeighborhoodSavers.com Gift Coupon and MyNeighborhoodSavers.com Gift Cards may be redeemed solely for Store -Specific Gift Coupon or Merchant Coupon at MyNeighborhoodSavers.com Websites.
• MyNeighborhoodSavers.com Gift Certificates and MyNeighborhoodSavers.com Gift Cards have no cash value and are not redeemable for cash at any time.
• MyNeighborhoodSavers.com Gift Certificates and MyNeighborhoodSavers.com Gift Cards are for personal use only.
• Unauthorized reproduction, resale, modification, or trade of MyNeighborhoodSavers.com Gift Certificates or MyNeighborhoodSavers.com Gift Cards is prohibited.
• MyNeighborhoodSavers.com is not responsible for lost, stolen or damaged MyNeighborhoodSavers.com Gift Certificates or MyNeighborhoodSavers.com Gift Cards, including those that may be lost in transmission
• MyNeighborhoodSavers.com does not guarantee delivery times of shipments; all delivery times given are estimates and MyNeighborhoodSavers.com is not liable for any shipping delays.
• MyNeighborhoodSavers.com is not liable for undeliverable shipments of MyNeighborhoodSavers.com Gift Cards. In the event an item is returned as undelivered, MyNeighborhoodSavers.com will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment.
• MyNeighborhoodSavers.com Gift Certificates and Gift Cards MyNeighborhoodSavers.com cannot be returned for a refund of the purchase price.
• MyNeighborhoodSavers.com Gift Certificates cannot be used to purchase a MyNeighborhoodSavers.com Gift Card.
• MYNEIGHBORHOODSAVERS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MYNEIGHBORHOODSAVERS.COM GIFT CERTIFICATES OR MYNEIGHBORHOODSAVERS.COM GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• MyNeighborhoodSavers.com Gift Certificates and MyNeighborhoodSavers.com Gift Cards have no expiration date.

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8. Additional Terms and Conditions for all MyNeighborhoodSavers.com Services and Discounts
This section applies to all Discounts acquired from the MyNeighborhoodSavers.com Website or any derivative or affiliated website associated with MyNeighborhoodSavers.com, including any Restaurant-Specific Gift Certificates, Merchant Certificates, MyNeighborhoodSavers.com Gift Certificates, and MyNeighborhoodSavers.com Gift Cards (collectively hereinafter “Certificates”). All Certificates are promotional certificates that are offered to customers below their face value and shall be honored only in combination with additional consideration paid to the participating restaurants and merchants and subject to the Terms and Conditions of MyNeighborhoodSavers.com and the terms and conditions of any participating restaurant or merchant, listed as a “Special Instruction.” Discounts do not provide customers with an absolute right to redeem the value of the Certificate for its full value without additional consideration paid to the participating restaurant and merchant.

By purchasing a Certificate, a customer acquires the right to print or access a Discount in the form of a promotional certificate or code, issued by any one of the numerous participating non-affiliated restaurants and merchants. Upon completion of such purchase, the customer acquires that right and has that right delivered to him or her. Whether the customer chooses to print or access the Discount is at the customer’s sole discretion. Whether the customer chooses to use the Discount at the participating restaurant or merchant after accessing it to get a reduction in price of a meal or a purchase is at the customer’s sole discretion. MyNeighborhoodSavers.com and the participating restaurants and merchants encourage customers to present the Discounts at the restaurants and merchants selected by the customers specified on the promotional certificates to obtain the reduction in the price of their purchase.

The holder and issuer of a Restaurant-Specific Gift Certificate is the restaurant. The holder and issuer of a Merchant Certificate is the merchant. As a holder and issuer of the certificate, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed certificates. Store -Specific Gift Certificates and Merchant Certificates are redeemable in their entirety only and may not be redeemed incrementally.

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II. CONDITIONS FOR USE of WEBSITE

1. Definitions.
"MyNeighborhoodSavers.com" provides an interactive promotional online service operated by MyNeighborhoodSavers.com, Inc. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by MyNeighborhoodSavers.com, affiliates of MyNeighborhoodSavers.com and other third parties.

2. General.
These Terms and Conditions govern the use of this Website by the End User. By using this Website (other than to read this Agreement for the first time), or by creating an account, End User agrees to comply with all of these Terms and Conditions. The right to use this Website is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of MyNeighborhoodSavers.com, and MyNeighborhoodSavers.com shall not be responsible for any data lost while transmitting information on the Internet. While it is MyNeighborhoodSavers.com’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website 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 MyNeighborhoodSavers.com, access to the Website may be interrupted, delayed, suspended or terminated from time to time, and that such interruptions or delays do not grant upon the End User any rights or entitlements.

MyNeighborhoodSavers.com shall have the right at any time to change or discontinue any aspect or feature of MyNeighborhoodSavers.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, MyNeighborhoodSavers.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. 

3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. MyNeighborhoodSavers.com shall not be liable for any damages to the End User's equipment resulting from the use of this Website.

4. End User Conduct.
This Website and any individual restaurant microsites now or hereinafter contained within or otherwise available through external hyperlinks with our Website (the "Microsites") are private property.  All interactions on this Website and/or the Microsites must comply with these Terms of Use.  Although we welcome and encourage End Users interaction on our Website, we do insist and require that all End Users restrict any and all activity in connection with the use of this Website and the Microsites to that which involves lawful purposes only.  End User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MyNeighborhoodSavers.com's express prior, written approval, contains advertising or any solicitation with respect to products or services.  Any conduct by an End User that in MyNeighborhoodSavers.com's exclusive discretion restricts or inhibits any other End User from using or enjoying this Website and/or any of the Microsites is strictly prohibited.  End User shall not use this Website or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with MyNeighborhoodSavers.com.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of MyNeighborhoodSavers.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of MyNeighborhoodSavers.com, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MYNEIGHBORHOODSAVERS.COM, INC. IS STRICTLY PROHIBITED.  Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MyNeighborhoodSavers.com protected by copyright as a collective work under the United States copyright laws. MyNeighborhoodSavers.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MyNeighborhoodSavers.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with MyNeighborhoodSavers.com shall not be deemed to be in the public domain but rather the exclusive property of MyNeighborhoodSavers.com, unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of MyNeighborhoodSavers.com, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. MyNeighborhoodSavers.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted MyNeighborhoodSavers.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants MyNeighborhoodSavers.com the right to edit, copy, publish and distribute any material made available on this Website by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of MyNeighborhoodSavers.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES IS AT END USER'S SOLE RISK.  NEITHER MYNEIGHBORHOODSAVERS.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES.

THIS WEBSITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT MYNEIGHBORHOODSAVERS.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL MYNEIGHBORHOODSAVERS.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MYNEIGHBORHOODSAVERS.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

MYNEIGHBORHOODSAVERS.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MYNEIGHBORHOODSAVERS.COM. MOREOVER, MYNEIGHBORHOODSAVERS.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, MYNEIGHBORHOODSAVERS.COM, DEEMS UNSUITABLE.

7. Monitoring.
MyNeighborhoodSavers.com shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by MyNeighborhoodSavers.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MyNeighborhoodSavers.com shall have the right to remove any material that MyNeighborhoodSavers.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.  

8. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. MyNeighborhoodSavers.com does not control or endorse the content, messages or information found in any Community, and, therefore, MyNeighborhoodSavers.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User publicly posts to MyNeighborhoodSavers.com (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by MyNeighborhoodSavers.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, End User grants MyNeighborhoodSavers.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see MyNeighborhoodSavers.com's Privacy Policy.

9. License Grant.
By posting communications on or through this Website, End User shall be deemed to have granted to MyNeighborhoodSavers.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

10. Indemnification.
You agree that to the fullest extent permitted by law You shall defend, indemnify and hold harmless MyNeighborhoodSavers.com, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys’ fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), Your use of this Website, and/or Your purchase or use of anything available through MyNeighborhoodSavers.com and/or this Website (including, but not limited to, the purchase of the right to print a Store -Specific Gift coupon, Merchant coupon, MyNeighborhoodSavers.com Gift coupon, or MyNeighborhoodSavers.com Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, MyNeighborhoodSavers.com Gift Certificate, or MyNeighborhoodSavers.com Gift Card), provided that: (1) such claim, damage, loss, cost, or expense is caused or alleged to be caused by Your negligent acts, negligent omissions, and/or fault, regardless of whether caused in part by the negligent act, negligent omission, or fault of a party indemnified hereunder; or (2) such claim, damage, loss, cost, or expense is caused or alleged to be caused by the negligent acts, negligent omissions, and/or fault of MyNeighborhoodSavers.com, its affiliates and their respective directors, officers, employees and agents and provided such claim, damage, loss, cost, or expense is not caused by the sole negligence or fault of a party indemnified hereunder.

11. Termination.
MyNeighborhoodSavers.com may terminate this Agreement at any time. Without limiting the foregoing, MyNeighborhoodSavers.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which MyNeighborhoodSavers.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 4, 5, 6, 9, 10, 12, 13, 14, 15, and 16 will survive termination of this Agreement.

12. Trademarks.
MyNeighborhoodSavers.com is a trademark of MyNeighborhoodSavers.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MyNeighborhoodSavers.com are the property of their respective owners.

13. Third Party Content.
MyNeighborhoodSavers.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, MyNeighborhoodSavers.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of MyNeighborhoodSavers.com. Neither MyNeighborhoodSavers.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with MyNeighborhoodSavers.com. MyNeighborhoodSavers.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on MyNeighborhoodSavers.com by anyone other than authorized MyNeighborhoodSavers.com employee spokespersons while acting in official capacities. Under no circumstances will MyNeighborhoodSavers.com be liable for any loss or damage caused by End User's reliance on information obtained through MyNeighborhoodSavers.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through MyNeighborhoodSavers.com.

MyNeighborhoodSavers.com contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by MyNeighborhoodSavers.com of the contents on such third-party websites and MyNeighborhoodSavers.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with MyNeighborhoodSavers.com expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. MyNeighborhoodSavers.com reserves the right to revoke its consent to any link at any time in its sole discretion.

14. Applicable Law
MyNeighborhoodSavers.com’s headquarters are in North Arlington NJ. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through MyNeighborhoodSavers.com and/or the Website (including the purchase of the right to print a Store-Specific Gift coupon, Merchant coupon, MyNeighborhoodSavers.com Gift Certificate, or MyNeighborhoodSavers.com Gift Card, and/or the use of a Store -Specific Gift Certificate, Merchant Certificate, MyNeighborhoodSavers.com Gift Certificate, or MyNeighborhoodSavers.com Gift Card) shall be governed by and in accordance with the laws of the State of New Jersey (exclusive of its rules regarding conflict of laws).

15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
ALL DISPUTES SUBJECT TO THIS AGREEMENT SHALL BE RESOLVED IN BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION AND ACKNOWLEDGE THAT YOU ARE FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. THE RULES IN ARBITRATION ARE DIFFERENT AND REVIEW IS LIMITED. AN ARBITRATION CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THE AGREEMENT AS A COURT WOULD.

a. DISPUTES SUBJECT TO ARBITRATION
YOU AND WE BOTH AGREE THAT ANY CONTROVERSY OR CLAIM (INCLUDING CLAIMS ALLEGING VIOLATIONS OF COMMON LAW AND/OR ANY AND ALL STATE OR FEDERAL STATUTES OR REGULATIONS) ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING THE PERFORMANCE, BREACH, OR TERMINATION OF THIS AGREEMENT AND/OR THE PURCHASE OF ANYTHING PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT), YOUR USE OF THE WEBSITE, AND/OR YOUR PURCHASE OF ANYTHING AVAILABLE THROUGH MYNEIGHBORHOODSAVERS.COM AND/OR THE WEBSITE (INCLUDING the purchase of the right to print a Store -Specific Gift Certificate, Merchant Certificate, MyNeighborhoodSavers.com gift Certificate, or MyNeighborhoodSavers.com Gift Card, and/or the use of a Store -Specific gift Certificate, Merchant Certificate, MyNeighborhoodSavers.com gift Certificate, or MyNeighborhoodSavers.com Gift Card) WILL BE SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT.

THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE FORUM FOR RESOLVING DISPUTES.

b. ATTORNEYS’ FEES MAY BE RECOVERED IN ARBITRATION
IN AN ARBITRATION, YOU AND WE BOTH AGREE TO BE RESPONSIBLE FOR PAYMENT OF OUR OWN ATTORNEYS’ FEES. HOWEVER, IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD ATTORNEYS’ FEES.

c. LOCATION OF ARBITRATION
YOU AND WE BOTH AGREE THAT ANY ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT SHALL OCCUR IN CHICAGO, ILLINOIS.

d. ENFORCEMENT OF ARBITRATION AWARD
YOU AND WE BOTH AGREE THAT ANY ENFORCEMENT OF AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT MUST BE BROUGHT IN THE STATE COURTS OF THE STATE OF ILLINOIS AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

e. WAIVER OF CLASS ARBITRATION AND REPRESENTATIVE CLAIMS IN ARBITRATION
ALL ARBITRATION PROCEEDINGS SHALL BE INDIVIDUAL ARBITRATIONS, AND YOU EXPRESSLY AGREE THAT NO OTHER CLAIMS MAY BE JOINED WITH YOUR CLAIMS. IN ADDITION, YOU AGREE THAT YOU HAVE VOLUNTARILY WAIVED THE RIGHT TO FILE OR JOIN A CLASS ACTION LAWSUIT AND EXPRESSLY ACKNOWLEDGE THAT THE PARTIES REJECT CLASS ARBITRATION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN, SUE ON BEHALF OF A PUTATIVE CLASS OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OF THE WEB-SITE OR PURCHASERS OR USERS OF ANYTHING AVAILABLE THOUGH MYNEIGHBORHOODSAVERS.COM AND/OR THIS WEBSITE, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE, A CLASS ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

f. SEVERABILITY
YOU AND WE AGREE THAT IF FOR ANY REASON ANY PROVISION OF THIS PARAGRAPH 15, WITH THE EXCEPTION OF THE WAIVER OF CLASS ARBITRATION SET FORTH IN PARAGRAPH 15(E) OF THIS AGREEMENT, IS DEEMED INVALID OR UNENFORCEABLE BY ANY ARBITRATOR OR COURT, THAT PROVISION SHALL BE SEVERED AND THUS REMOVED FROM THIS AGREEMENT, AND THE AGREEMENT TO ARBITRATE SHALL OTHERWISE REMAIN BINDING ON YOU AND WE BOTH.

IF A COURT OR ARBITRATOR DETERMINES THAT THE WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS SET FORTH IN PARAGRAPH 15(E) IS INVALID OR UNENFORCEABLE, YOU AND WE BOTH AGREE THAT THE ARBITRATION AGREEMENT SET FORTH IN PARAGRAPH 15 OF THIS AGREEMENT WILL NOT APPLY AND ANY DISPUTE SUBJECT TO ARBITRATION (AS DEFINED IN SECTION 15 A) SHALL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION IN THE STATE OR FEDERAL COURTS IN ILLINOIS. THAT IS, YOU AND WE AGREE THAT PARAGRAPH 15(E) PROHIBITING CLASS ACTIONS CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED TO IN WRITING, IT IS THE EXPRESS INTENTION OF BOTH PARTIES NOT TO PROCEED WITH ANY DISPUTE BY WAY OF CLASS ARBITRATION

16. Miscellaneous.
This Agreement and any operating rules for MyNeighborhoodSavers.com established by MyNeighborhoodSavers.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.