2.1 To represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Next Jump, Inc.;
2.2 To provide accurate information to Next Jump, Inc., including, but not limited to information required to register with the Service;
2.3 To not use the Service to: Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Next Jump, Inc. or obtained through the Service without obtaining the express, prior written consent of Next Jump, Inc. This restriction includes any attempt to incorporate any information from the Service into any other directory, product, or service.
2.4 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.
4.2 You acknowledge that Next Jump, Inc. and your organization do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide.
4.4 You may invite others to use the Service and/or you may also provide a credit to a third party for use with the Service, in which case your invitee's and/or third party's use of the Service will be acceptance of the Agreements.
4.5 If you have a dispute with one or more vendors or other third parties, you release Next Jump, Inc. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4.6 Next Jump, Inc. may feature special offers, referred to as Overwhelming Offers ("OOs"). Some of these OOs will be limited in terms of inventory and/or time, and Next Jump, Inc. may require that you register for and reserve the OO. When you reserve an OO, you are agreeing to conduct a transaction on the terms specified therein and within a specified period of time. In exchange for that representation, you may be awarded WOWPoints. If you fail to conduct said transaction, any WOWPoints earned via the OO will be deducted from your account once the time period in which you agreed to conduct the transaction has expired. If you have already withdrawn these WOWPoints from your account, your credit or debit card will be charged for the full dollar value of the wrongfully withdrawn points. In addition, your account will be locked and you will be unable to reserve future OOs. You will be charged $10 to unlock your account. You can only be awarded points once on any given OO, regardless of the number of reservations you may make or attempt to make. There may be other conditions associated with special offers and reservations. OOs commence and end at certain times. Next Jump, Inc. will make reasonable efforts to make sure its timekeeping is correct, and Next Jump's timekeeping will determine when offers start and stop. You agree to accept the results of the special offer reservations and Next Jump, Inc.'s administration and outcome of the reservation system for special offers. Next Jump, Inc. reserves the right to not award a special offer reservation to you if you: (a) failed to take all steps necessary to qualify to receive the special offer reservation; (b) attempted (in Next Jump, Inc.'s sole discretion) to reserve by methods that contravene Next Jump, Inc.'s reservation system and special offer rules; or (c) otherwise violated special offer rules.
4.7 In the event that the special offer reservation system malfunctions or there are other problems with a special offer involving, by way of example but not by way of limitation, an error in the number of available offers whether caused by a technical (hardware or software) error or by human error, Next Jump, Inc. reserves the right to cancel the special offer, not recognize any reservations, and/or reverse any transaction or benefits it may have awarded.
4.8 Due to excessive demand for some special offers, there can be technical systems failures. Next Jump, Inc. is not liable for any losses due to such technical failures. Next Jump, Inc. is not liable for computer, internet service providers, and internet failures that you may experience in general, and specifically as such failures relate to your attempts to reserve a special offer.
4.9 The pricing of services and products featured in special offers may be extremely favorable. You agree that should you purchase such services or products, you will not do so for personal economic gain or to re-sell such services or products.
4.10 Returns In the event you purchase a product through the Service, and you return that product and/or seek a refund for that product or service, you hereby explicitly authorize Next Jump, Inc. to reverse any reward (without regard to whether or not the reward is in currency or alternate currencies) that you received when you purchased the product or service through the Service.
4.11 Disclaimer of Warranties and Limitation of Liability
4.11.2 NEXT JUMP, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECULATIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING FROM: (A) THE USE OF THE SERVICE; (B) OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER THERE WAS ANY ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
4.11.3 NEXT JUMP, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECULATIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER THERE WAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- Payment Instrument: The credit or debit card that you have registered for the processing of Payment Transactions or the bank account to which you have authorized us to make credit or debit payments.
- Payment Transaction: The processing of a payment through the Service that result in the debiting or charging of the purchase amount to a Buyer’s Payment Instrument.
- Reward Transaction: The processing of a credit through the Service in recognition of a benefit or rewards earned by you.
5.3 In some instances, you may wish to transfer the value of alternate currencies such as points to your Payment Instrument or some other account. To do so, you must elect the Payment Instrument or other account and provide sufficient information for us to initiate the transfer. You agree that we are not responsible for any transactions of any sort that cannot be completed because of faulty information or the fact that you did not provide appropriate authorization for the transaction. You also agree to our conversion ratio applied as the alternate currency is converted to dollars or any other currency, and you agree to pay any fee associated with such conversion and transfer to your Payment Instrument.
5.4 There are special rules that apply if you use your bank account as the Payment Instrument.
If you choose to use a bank account as your disbursement method or rewards method, you accept and agree to these Terms and Conditions.
5.4.2 Customer Service. All questions relating to any disbursements or credits made using your bank account should be directed to us, and not to the financial institution that holds your bank account. We will not send you a periodic statement listing transactions that you make using your bank account. The transactions will appear only on the statement issued by your bank or other financial institution holding your account. Save the reports that you are provided when an order has been placed, and check them against your bank account statement. You may contact us regarding your Next Jump orders or any disbursements made to you using your bank account. Click here to contact us. You may also view your transaction history for your Next Jump order at any time in on the Next Jump Web site.
5.4.3 Error Resolution Policy. If you believe that any disbursement or debit transaction initiated by Next Jump(or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible by writing or e-mail using the address or e-mail address provided in Section 5.4.2 above. In any event, we must hear from you no later than 90 days after the date the questionable transaction FIRST appeared on your bank account statement. When you contact us, provide us with the following information:
- your name and the e-mail address associated with your Next Jump customer account,
- a description of the error or the transfer you are unsure about, and a clear explanation as clearly as you can why you believe it is an error or why you need more information,
- the dollar amount of the suspected error,
- the transaction date and associated transaction identification number from your bank account statement,
- a telephone number at which you can be reached in case we need further information,
- the telephone number of the bank, and
- that portion of your bank account statement containing the Next Jump transaction information (if requested).
5.4.4 Your Liability for Fraud or Unauthorized Use. If any fraudulent or unauthorized transaction occurs from use of your bank account using Next Jump disbursements, we will reimburse you for your losses from such transactions if you inform us within 90 calendar days from when the unauthorized transaction is posted to your bank account statement from Next Jump (or its agent). Notify us promptly by e-mail using the Contact Us page. You may be required to comply with Section 5.4.3 (Error Resolution Policy) to be eligible for reimbursement.
If any fraudulent or unauthorized credit transaction occurs from use of your bank account (or a bank account belonging to a third party acting in concert with you), we have the right to reverse the transaction, and you explicitly grant us that right.
If you do not inform us within 90 calendar days after any fraudulent or unauthorized transaction is posted to your bank account statement, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us within such time period. If a good reason (such as a long trip or hospital stay) prevented you from telling us, we will extend the time periods accordingly.
Notify us at once if you believe the password associated with your Next Jump customer account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission.
5.4.5 Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and us on this Web site or at the primary e-mail address associated with your Next Jump customer account. You should print and retain a copy of all such disclosures and communications.
5.4.6 Our Liability. If we fail to credit/debit your bank account in accordance with these Terms and Conditions, in the correct amount, we may be liable for certain losses directly caused by our failure as the law may impose in such cases. However, there are some exceptions. For instance, we will not be liable where: (a) you do not have enough money in your bank account; (b) your bank account is closed or withdrawals restricted; (c) any terminal or system was not working properly and you were advised of that before you initiated the payment; (d) circumstances beyond our control (such as flood, fire, power outages, mechanical or system failures); (e) your financial institution refuses to honor an ACH credit/debit; (f) your instructions are lost or delayed in transmission to us; (g) a reasonable security concern, such as unauthorized use, causes us not to honor your instructions; (h) this payment option has been discontinued or suspended; (i) we advise you that your request will not be processed; and (10) other exceptions allowed by law. If our error was unintentional and resulted from a bona fide error, our liability is limited to actual damages.
5.4.8 Partial Debits and Returned Payments. If your full order is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. If any of your payments are returned unpaid, Next Jump reserves the right to charge you a returned item fee of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees.
5.4.9 Cancellations and Refunds. To cancel a purchase and request a refund, please follow the instructions and procedures contained on the Next Jump Website. When you cancel a purchase in accordance with these procedures, Next Jump (or its agent) will initiate a credit to your bank account for the correct amount.
7.2 Next Jump, Inc. reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.
7.3 Next Jump, Inc. reserves the right to charge fees at any time for access to all or portions of the Service with your full understanding and acknowledgement of the charge. If Next Jump, Inc. so elects, it shall notify you via email and shall post notice in other appropriate locations on the Service.
7.4 Next Jump, Inc. reserves the right to not refund users if the Service is cancelled for any reason before their membership is up.
8.3 You acknowledge that in order to administer the Service, Next Jump will collect information about you and your Payment Transactions from participating vendors. You authorize third parties and their respective agents to disclose to us any and all information with respect to your Payment Transaction from such participating vendors. In addition, by transacting with any participating vendor by means of any Payment Instrument other unique account or identifier, you hereby authorize us and our agents to collect any and all information from any merchant, credit card processor, issuing bank, other card issuer or any available source with respect to the Payment Transactions made using your Payment Instrument or other unique account or identifier. You authorize us to use any such information and to disclose such information (a) to our representatives and agents, (b) to third parties, where necessary or convenient for transfer or redemption of your accumulated rewards or otherwise in connection with the program, (c) to comply with requests, orders or subpoenas from courts of law or any regulatory, legislative or administrative bodies and (d) otherwise in accordance with the terms of the Next Jump Privacy Statement on our website. You represent that you have full authority to transact with Payment Instrument and other unique account or identifier registered in the Service and to receive information about the Payment Transactions effected using Payment Instrument identifiers. You authorize us to disclose such Payment Instrument, accounts and identifiers to affiliated and unaffiliated third parties for the purposes set forth in this paragraph, even if you never make use of the service provided by one or more of those third parties.
11.2 NEXT JUMP, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECULATIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING FROM: (A) THE USE OF THE SERVICE; (B) OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER THERE WAS ANY ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
11.3 NEXT JUMP, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECULATIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER THERE WAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
12.3 You agree that in the event of a dispute, the law of the State of New York applies, without giving effect to its conflict of law provisions, and you agree to submit such disputes exclusively to courts in New York City.
12.4 Any notices to you or Next Jump Inc. shall be made via either email or regular mail. Next Jump Inc. may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
12.5 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.