THIS WEBSITE (THEGOODS.COM) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONITNUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.
Acceptance of Terms
Products and Services
The Website will publish deals (“Offers”) each day that can be purchased in exchange for physical goods and/or services. Such physical goodsincludeitems such as a voucher (“Voucher”), a printed coupon, a gift card, or other similar instrument that can be redeemed for physical goods and services (collectively, “Redemption Instruments”).
Nimble Commerce takes no responsibility for the services or products for which Redemption Instruments may be redeemed.In addition, Nimble Commerce makes no warranty to you for the quality, safety, usability, or other aspect of the product or service for which the Redemption Instrument is redeemed. Some services for which Redemption Instruments can be redeemed are activities that involve potential bodily harm (such as skydiving or water sports), and for those activities, Nimble Commerce takes no responsibility for the service or activity being offered, and you take responsibility for your own actions in utilizing the services for which the Redemption Instrument can be redeemed. Further details regardingthe limitation of Nimble Commerce’s liability is below.
Purchases and Prints
By purchasing a Redemption Instrument or any other goods or services offered on the Website, you agree to abide by the restrictions included in the offer details stated by the merchant.
The Redemption Instrumentyou print is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Nimble Commerce, is the seller of the goods and services. Nimble Commerce sells a Redemption Instrument that can be redeemed in connection with your purchase of the goods or services from Merchant.
Your purchase is subject, but not limited to, the following conditions. Additional conditions outlined by the Merchant shall apply to the Redemption Instrument.
1. Vouchers are offered at below face-value. As a result, they are redeemable only for one visit, and not incrementally. Coupons are offered as a discount for services.
2. Limit of one (1) Voucher or Coupon per customer unless explicitly stated otherwise by the Merchant.
3. If you redeem a 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.
4. You are responsible for paying all applicable sales tax, tip, and/or shipping and handling.
5. The Merchant is responsible for following state tax, gift certificate, and consumer laws.
6. The Merchant has the discretion to require advanced reservation, appointment, or to limit redemption over a period time.
7. Redemption of the Voucher or Coupon for alcohol, if applicable, is at the discretion of the Merchant and is subject to state laws governing the Merchant.
8. Unless clearly stated, the Voucher or Coupon cannot be combined with other offers, discounts, or specials offered by the Merchant.
9. The Voucher or Coupon, if not fully redeemed, is not good for cash. A credit for unused Voucher value is at the discretion of the Merchant.
10. Reproduction, re-sales or trade of the Voucher or Coupons is prohibited unless permitted by state law.
11. The Voucher is void to the extent prohibited by law.
12. The Voucher or Coupon expires on the date specified on the Voucher or Coupon, except that the Merchant may continue to redeem the unused cash value you paid for Vouchers to the extent required by applicable law.
13. Neither Nimble Commerce, the seller, nor the Merchant is responsible for stolen or lost Vouchers. Coupons have no pre-paid value therefore carry no liability for Nimble Commerce or Merchant.
Refunds are permitted according to the terms and conditions established by the Merchant, which are disclosed in an Offer’s details and fine print prior to purchase. If a Merchant closes or will not honor your Redemption Instrument prior to expiration date please contact us as these are handled on a case by case basis. In some states, the law requires that Merchants honor expired Vouchers for the face value that you paid for the Offer beyond the expiration date. If you have an expired Voucher and the Merchant will not honor it, please contact us.
Promotions and Sales
Promotional codes and additional sale discounts may start and end at anytime. Promotion codes will be calculated off the net sales price. For example a $40 deal on sale for $20 with a 10% promotional code will have a final price of $18. Additional sales discounts will be calculated by adding the percent off to the previous discount. For example, a $90 deal on sale for $19 or 79%, which is further discounted for an “Additional 10%” will result in an 89% total discount off of $90 resulting in a final sales price of $9.90.
All aspects of the Service are subject to change or elimination at Nimble Commerce’s sole discretion. Nimble Commerce reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Nimble Commerce will not be liable to you for any interruption of the Service, delay, or failure to perform.
Privacy and Security
You agree not to violate or attempt to violate the security of any Website, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to a Website without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
You understand that your account information on the Websites is controlled by you, through the User IDs and passwords that you selected. You are responsible for protecting the confidentiality of those User IDs and passwords. Nimble Commerce is entitled to rely on the fact that any Submitted Data, orders for products or services or other information sent to any Website under your User ID and password for that Website were sent by you. If you believe that the confidentiality of any of your User IDs and/or passwords has been compromised or that someone has accessed your account without authorization, you should contact our customer service representatives immediately by emailing email@example.com.
Third Party Sites
Nimble Commerce’s service may be made available to you through the use of third-party websites (“Third Party Portals”). If you have accessed a Website through a link from a Third-Party Portal or if a Website provides links to any third-party site, you agree that we have no control over the content of such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH THIRD-PARTY SITES. WE ARE NOT RESPONSILBE AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMLINESS, RELIABILTY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGINAST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD-PARTIES. The inclusion of any such link does not imply endorsement by Nimble Commerce or any association with its operators.
Use of Website
The Websites contain or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (including logos) that are protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual or proprietary rights owned by Nimble Commerce or an affiliated company, or other third parties (“Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Sites owned by Nimble Commerce, and Nimble Commerce logos, product and service names are trademarks of Nimble Commerce (the “Nimble Commerce Marks”). You agree not to display or use: (i) Nimble Commerce’s Marks without Nimble Commerce’s written permission and (ii) the Content in any manner without the owner’s written permission.
You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from a Website on any other server or Internet-based device without the advance written authorization of Nimble Commerce or its licensors or licensees, respectively.
Your use of a Website is subject to applicable local, state, federal, and international law. Your use of a Website in violation of this Section governing Online Conduct could subject you to criminal prosecution and/or personal liability for damages.
You agree not to use a Website or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to: (a) upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Website; (e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit 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); (f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party; (g) upload, post, e-mail or otherwise transmit 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; (h) interfere with or disrupt any Website or servers or networks connected to any Website, or disobey any requirements, procedures, policies or regulations of networks connected to any Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
Use of Content
Nimble Commerce grants you permission to access and view each of its Websites and to submit an order. Any other use of the Websites or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Website or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
Some areas of the Website may allow you to post feedback, comments, questions, or other information (“User Content”). You grant Nimble Commerce a license to use the User Content you post to the Website or Service. By posting, downloading, displaying, performing, transmitting or otherwise distributing User Content to the Website or Service, you are granting Nimble Commerce, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Nimble Commerce, its affiliate, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for your User Content. By posting User Content on the Website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.Nimble Commerce does not guarantee any confidentiality with respect to any User Content.
Nimble Commerce takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Nimble Commerce shall not be liable for any damages you allege to incur as a result of such User Content.
Termination of Right to Use a Website
We reserve the right to terminate your right to use one or more Websites if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of your right to use one or more Websites, we will remove your account privileges. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if Nimble Commerce terminates your right to use a Website, is to receive a refund for any products paid for but not processed or fulfilled by Nimble Commerce, if any.
Disclaimer of Warranties
NIMBLE COMMERCE HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE EXTENT PERMITTED BY LAW, NIMBLE COMMERCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NIMBLE COMMERCE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITEWILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIMBLE COMMERCE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY CONTENT OR PRODUCTS AVAILABLE THROUGH THE SERVICE) FOR ANY: (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE FORESEEABILTY OF THOSE DAMAGES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TEN U.S. DOLLARS ($10 USD). SOME JURISIDCITIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Nimble Commerce, its affiliates and their employees, contractors, officers, directors and representatives from AND AGAINST all liabilities, claims, DAMAGES, COSTS, and expenses, (including BUT NOT LIMITED TO attorneys' fees) arisING from OR RELATED TO your use of the Website, THE MATERIALS IT CONTAINS, AND ANY webSITES LINKED TO THIS webSITE. ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS NIMBLE COMMERCE FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED ON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION. Nimble Commerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Nimble Commerce in asserting any available defenses.
The Website is controlled and operated from its facilities in the United States. Nimble Commerce makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including and not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the UnitedStates government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.
Since we respect artist and content owner rights, it is Nimble Commerce’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Nimble Commerce’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Website;
D. Information reasonably sufficient to permit Nimble Commerce to contact you, such as your address, telephone number, and e-mail address;
E. A statement 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 law; and
F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
IM Shopping, Inc. dba Nimble Commerce
6220 Stoneridge Mall Road
Pleasanton, CA 94588
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Nimble Commerce and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Nimble Commerce's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Nimble Commerce has adopted a policy of terminating, in appropriate circumstances and at Nimble Commerce's sole discretion, members who are deemed to be repeat infringers. Nimble Commerce may also at its sole discretion limit access to the Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Since the Website can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing a Website both you and Nimble Commerce agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of such Website and its contents. You and Nimble Commerce further agree to submit to the exclusive personal jurisdiction and venue of the Alameda County Superior Court and the United States District Court for the Northern District of California with respect to any matters relating to the Services, the use of the Website and its Contents, or any transactions arising therefrom, unless submitted for arbitration as set forth in the following paragraph.
For any claim (excluding claims for injunctive or other equitable relief) under this Term where the total amount of the award sought is less than $10,000, Nimble Commerce may elect to resolve the dispute through binding non-appearance-based arbitration. If Nimble Commerce elects for arbitration, Nimble Commerce shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The failure of Nimble Commerce to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nimble Commerce in writing. Your use of a Website, however, is subject to additional disclaimers and caveats that may appear throughout the Website.