By visiting JuiceInTheCity.com (the "Site") you ("User") accept and agree to be bound by these terms & conditions (the "Agreement"). Please read them carefully. We reserve the right to make changes to our Terms and Conditions and also to our Terms of Sale and/or our Privacy Policy (which are both incorporated herein by reference) without prior notification to you. If you continue to use our Site after such changes are made, you are hereby agreeing to the terms expressed herein.
www.JuiceInTheCity.com (the "Site") is the website operated by Juice in the City, Inc. (hereinafter "JITC"). By using this Site, User agrees to comply with all of the terms and conditions hereof. User shall be responsible for protecting the confidentiality of User's password(s), if any and will not authorize any third parties to use their account.
This Site and any individual sites, links or widgets now or hereinafter contained within our Site or operated by JITC outside of the Site (collectively the "Microsites") are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. When providing content or posting on the Site or the Microsites, embedding or posting JITC content on their own site, and/or forward or sharing JITC content or information with others, Users must not use the following types of content:
We examine the User generated content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. Nonetheless, you understand that by using the Site, you may be exposed to content that you find offensive or objectionable.
By utilizing the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the subscription form, sign up form and/or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, JuiceInTheCity reserves the right to terminate your subscription and refuse any and all current or future use of the Site. JuiceInTheCity assumes no responsibility for the deletion or failure to store postings, links, thumbnails, contributions or other information submitted by you or other users to JuiceInTheCity.
When you post or transmit material on or through any public area of the Site or Microsites, you grant the Site and JuiceInTheCity, and its affiliates and partners and licensees, a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to download, transmit by RSS feed, grab, use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your content with other content, create derivative works of and publicly perform that content for any purpose (including promotion and marketing purposes) on and through each of the services provided by the Site or on other sites owned by JuiceInTheCity or its affiliates or partners. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed. In the event of a sale of or consolidation of the Site with another business, we may transfer some or all of your Content, and assign this license, in order that the service being provided to you may continue or for other business purposes.
From time to time Juice in the City may give you credits for taking certain specified actions (“JITC Credits”). Those JITC Credits will be posted to your account and visible in the My Account section. JITC Credits may post to your account up to seven days after the action is taken and will only remain on your account for 12 months or as long as required by applicable state law. After that period, Juice in the City may declare the credits expired and remove them from your account. JITC Credits do not have a cash value, are non-transferable, non-refundable and can only be used towards the purchase of certain JITC deals. JITC Credits can only be earned in connection with published programs and offers, such as the Juice in the City referral program.
Juice in the City may also from time to time promote a referral program for certain users who have a complete and valid account. As part of such referral program, a specified amount of JITC Credits will be applied to your account each time a person who is a first time buyer clicks through to the site directly through your personal referral link and purchases during the same visit. JITC Credits for referrals (also known as "Referral Credits") are not payable for purchases made by people who have previously bought under a different email address or name or account. Referral Credits are also not payable in connection with any deal that is marked as a juicy deal. Juicy Deals will clearly have a Juicy Deal label on them so that you know that Referral Credits cannot be earned in connection with that deal. JITC reserves the right to terminate or modify any such referral program at any time. At that time, all previously earned JITC Credits will not be lost, but no future JITC Credits will be earned for such referrals.
JITC may from time to time publish special offers which make available to you discounts on deals ("Special Offer Discount"). [JITC Special Offers do not have a cash value, are non-transferable, non-refundable and can only be used towards the purchase of JITC deals.] You may be required to take specific actions to receive the Special Offer Discount. Special Offer Discounts may be limited time offers which expire at the end of a fixed period if a purchase is not made or the required action is not taken in the specified time period. If you see a special offer on the homepage or when you sign-in, when you take the action required, the Special Offer Discount will appear on the "Check-out Screen" and automatically be applied to your next purchase. If you no longer see your Special Offer Discount, it has either expired, or you have already been rewarded the one-time discount associated with it. In addition, unlike JITC Credits, Special Offer Discounts are only available on your next purchase and expire if they are not used. If you request a refund you will receive any cash or credit that was used towards your purchase but not the value of the special offer. For example: If you buy a deal that costs $10.00 using a $5.00 special offer, the $5.00 billed to your credit card will be refunded to you. Go here to read our Refund Policy. If you have both a JITC Credit and a Special Offer Discount, the Special Offer Discount will be applied first and if you have existing credit it will only be applied to cover the cost of the deal.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF JITC, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and / or criminal penalties.
This Site 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 JITC protected by copyright as a collective work under the United States copyright laws. JITC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly stated under copyright law, Except where indicated we do not grant you permission to download, modify or exploit any portion of the Site or the content or metatags without our express written consent. User may download / print / save copyrighted material for User's personal use only. 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. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with JITC shall not be deemed to be in the public domain but rather the exclusive property of JITC, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of JITC, unless otherwise stated.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER'S SOLE RISK. NEITHER JITC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE 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 SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE 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. USER SPECIFICALLY ACKNOWLEDGES THAT JITC 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 USER.
IN NO EVENT SHALL JITC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE 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 SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER JITC, 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 SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE 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.
JITC IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE 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 JITC. MOREOVER, JITC RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, JITC, DEEMS UNSUITABLE.
User acknowledges that all content uploaded onto the public areas of the site, including without limitation any discussion or message boards or chat rooms (collectively "Message Boards") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. JITC does not control or endorse the content, messages or information found in any Message Boards, and, therefore, JITC specifically disclaims any liability concerning the Message Boards and any actions resulting from Users participation in therein, including any objectionable content. If particular web pages permit the submission of communications that will be treated by JITC as confidential or private, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants JITC the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
User agrees to defend, indemnify and hold harmless JITC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by User.
JITC may terminate this Agreement at any time. Without limiting the foregoing, JITC shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which JITC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
JITC is a distributor (and not a publisher) of content supplied by third parties and Users. Any information, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including the merchants offering deals through the Site, information providers, or any other Users are those of the respective author(s) or distributors) and not of JITC. Neither JITC 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. JITC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on JITC by anyone other than authorized JITC employee spokespersons while acting in official capacities. In particular JITC is not responsible for the accuracy of the information and descritopns provided by the merchants offering the deals on the Site and/or Microsites. Under no circumstances will JITC be liable for any loss or damage caused by an User's reliance on information obtained through JITC. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through JITC.
JITC contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by JITC of the contents on such third-party sites and JITC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at its own risk. Unless you have executed a written agreement with JITC expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. JITC reserves the right to revoke its consent to any link at any time in its sole discretion.
By visiting the Site and/or Microsites, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and JITC or its affiliates. This Agreement shall be construed in accordance with the laws of New York, without regard to any conflict of law provisions. The state and federal courts of the State of New York, County of New York shall resolve any dispute relating to this Agreement.
This Agreement and any operating rules for JITC 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.
