1. Background. The Site offers promotional information about third party goods and services ("Promotions") and provides registered Site users ("Users") with the opportunity to: (i) purchase a Promotion via the Site; and (ii) purchase an electronic representation of a Promotion ("Vouchers") which enables the Voucher-holder to redeem the related Promotion directly from the related merchant ( “Merchant”). As set forth below, Users may acquire Promotions or Vouchers by participating in an online auction against other Users ("Auction") and winning that Auction.
2. Consent and Modification.
2.2. Effect on Vouchers. Any modifications of these Terms will not apply to Vouchers purchased prior to the effective date of the changes, but will apply to Vouchers purchased thereafter.
3. Ability to Accept Terms. The Site is not intended for individuals under the age of eighteen (18) years. If you are under 18 years please do not use the Site or register an Account (defined below). If it comes to our attention through reliable means that a registered user is under the age of 18 years, we may, to the extent applicable, suspend or cancel that user's Account and/or access to the Site.
4. Site Access and Use. We hereby grant you permission to access and use the Site, provided that you comply with these Terms and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots", "scrapers" or "spiders") to (a) access the Site; (b) copy or collect Content; or (c) with the exception of the Bid Agent, submit Bids (both terms as defined below); (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) collude with other Users or any third party to influence or manipulate the results of an Auction or your submission of Bids, or use third party software to submit Bids; (vii) submit Bids as part of a process which is intended or designed to manipulate the result of any future Auction that you participate in; (viii) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; and/or (ix) use the Site for commercial purposes. We, at our sole discretion, have the right to suspend or terminate your access to the Site immediately, with or without cause. We reserve all rights not expressly granted in and to the Site.
5.1. General. In order to use some of the services of the Site, you may have to create an account ("Account"). When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify City Hits immediately of any breach of security or unauthorized use of your Account.
5.2. Account Restrictions. In addition to the other restrictions set forth in these Terms, you agree not to: (i) create more than one Account for yourself (including, without limitation, by using multiple or different identities or email addresses) or for anyone else; (ii) submit Bids for the same Auction from multiple Accounts; (iii) use multiple Accounts to circumvent limitations on use of the Site (including without limitation to circumvent any City Hits’ win limits); (iv) use a user name that is offensive, rude, disparaging, intended to deceive other City Hits users, violates the intellectual property or other rights of any third party, or that advertises or promotes the website, products, or services of a website or any other business that is similar to this Site; (v) create or use an Account for commercial purposes; or (vi) use the account of a third party, or allow any third party to use your Account. Only one Account is permitted per household, and you agree not to use multiple Accounts within the same household. Accounts are non-transferable.
5.3. Location. The Site is currently only intended for use in the contiguous United States of America ("USA"). We do not make any representation or warranty regarding the legality of the Site in your jurisdiction and you agree to consult legal counsel in your jurisdiction if you have any doubts about your use of the Site.
6.1. Eligibility to Participate in Auctions. In order to participate in an Auction you must (i) first register a valid Account; and (ii) comply with these Terms.
6.2. Auction Types. Users may participate in different types of Auctions on the Site (each an "Auction Type"), including: (i) Free Auctions; and (ii) Premium Auctions (both terms as defined below).
(a) Free Auctions: Certain Auctions permit Users to bid for free ("Free Bids”) in order to participate and compete against other Users for the right to purchase the Promotion or Voucher being auctioned ("Free Auctions"). You may submit as many Free Bids as you like by using the tools on the Site. Each time a User submits a Free Bid, the Auction Price for the item being auctioned will increase by the bid increment that is displayed on the "bid" button. If you win a Free Auction, you will have won the right to purchase the Auction item by paying the Auction Price (defined below) within the Payment Timeframe (defined below).
(b) Premium Auctions: Certain Auctions require Users to submit Paid Bids or Promotional Bids (both terms defined below, and collectively "Premium Bids") in order to participate and compete against other Users for the right to purchase the Auction item ("Premium Auctions"). Users may submit Premium Bids by using the tools that we make available on the Site, including by: (i) manually clicking a "bid" button in connection with the Premium Auction; or (ii) by using the Bid Agent. One Premium Bid will be deducted from your Account every time you submit a Premium Bid. Each time a User submits a Premium Bid, the Auction Price for the Auction item will increase by the bid increment that is displayed on the "bid" button. Please be aware that you can only bid in a Premium Auction if you have Premium Bids in your Account. If you win a Premium Auction, you will have won the right to purchase the Auction item by paying the Auction Price within the Payment Timeframe.
6.3. Auction Duration and Timer.
(a) Each Auction will remain open for a specific period of time, as displayed on the Site ("Auction Duration"), during which Users may submit Bids (defined below). The remaining Auction Duration is displayed by a timer which counts-down to zero ("Timer"). When the Timer reaches zero, the Auction will be closed and Users may not place, as applicable, any more Bids. The Timer will reach zero if no Bid is submitted during the final ten (10) seconds of the Auction Duration. The term "Bids" refers to Free Bids or Premium Bids, depending on the Auction Type that you are participating in.
(b) If a User places a Bid during the final ten (10) seconds of an Auction, then the Timer will be reset and the Auction will remain open (each a "Timer Reset"). City Hits reserves the right to determine, on a per Auction basis, the duration of each Timer Reset.
6.4. Simultaneous Bidding. If you submit a Bid and your user name is not displayed on the Site as the highest bidder then it is likely that another User placed a Bid after you. We may provide a list of the most recent previous bidders in an Auction available on the Site. You may also review a log of your recent Bids by accessing the appropriate page in your Account on the Site.
6.5. No Purchase Guarantee. You acknowledge that your participation in an Auction does not guarantee that you will win the Auction and be entitled to purchase the Auction item.
6.6. Auction Item Restrictions. City Hits reserves the right to set winning restrictions for all Auction items. Such restrictions limit the number of specific Promotions or Vouchers that a single User can win and/or purchase via our Site. The details of any such restrictions will appear on the Site if relevant. You may also view in your Account on the Site any restrictions that apply to your use of the Site. By participating in our Auctions, you agree to accept and abide by these restrictions.
6.7. Retail Price of Auction Promotions. The retail price displayed on our Site for each Promotion is based on information that we receive from the Merchant of that Promotion.
6.8. Auction Restrictions. City Hits, at its sole discretion, may restrict and/or limit participation in certain Free or Premium Auctions to certain groups or classifications of Users for reasons including, but not limited to, the historical success of the User. You acknowledge that you may be excluded and consent to being excluded from certain auctions on our Site at City Hits’ sole discretion.
6.9. Odds of Winning Auctions. You acknowledge and agree that (i) the outcome of an Auction depends on the number of participating Users and the way in which each User submits Bids (ii) the precise number of Bids that you will need to submit in order to win an Auction depends on the number of other Users that are participating in that Auction and the final Auction Price that they are willing to pay; and (iii) the precise odds of calculating what a winning Bid will be, or when it will be placed, are unavailable.
6.10. Cancelled Auctions. City Hits reserves the right to cancel an Auction due to a system or technical error or circumstances beyond its control. If an Auction is canceled before a Winning Bidder (defined below) is declared then City Hits will, as your sole remedy, return all of the Bids to you that you submitted in connection with that canceled Auction.
7. Auction Winner and Payment of Auction Price.
7.1. Winning Bidder. Upon the conclusion of the Auction Duration, the User with the highest Bid as recorded by us and displayed on the Site, will win the Auction and be entitled to purchase Auction item by paying the Auction Price within the Payment Timeframe ("Winning Bidder").
7.2. Verification. You acknowledge and agree that (i) winning Bids are subject to verification by City Hits; (ii) the Winning Bidder is solely determined by City Hits and is based on our records for the related Auction; and (iii) City Hits’ decision regarding the identity of the Winning Bidder is final.
7.3. Auction Price. At the beginning of each Auction the starting price for the Auction item will be displayed on the Site. Each time that a User submits a Bid the price for the Auction item will be increased by the bid increment that is displayed on the "bid" button for the Auction. The Winning Bidder will have the right, within the Payment Timeframe, to purchase the Auction item for the final price listed on the Site at the end of the Auction ("Auction Price"). The Auction Price will be different for each Auction and is dependent, as applicable, on the number of Bids that Users submit. Please be aware that the Auction Price does not include any applicable taxes, shipping costs and third party charges, each of which will be displayed on the Payment Page (defined below).
7.4. Payment Page. If you are the Winning Bidder then we will (i) display a link on the Site to a page where we will display the Promotion and related Auction Price ("Payment Page"); (ii) send you an email, to the email address designated in your Account, that will include a link to the Payment Page; and (iii) display a link to the Payment Page in your Account. In order to visit the Payment Page, and actually purchase the Auction item, you must click on one of the foregoing links. The Payment Page will provide you with the opportunity to purchase the Auction item for the full Auction Price plus any applicable taxes, shipping costs and third party charges (the “Total Auction Price”) by using one of the payment methods offered on the Site within the Payment Timeframe. Please be aware that, in accordance with Section 14.4 below, the Total Auction Price may not include any applicable sales or use tax.
7.5. Choice. If you are the Winning Bidder then you have the option, but are not required, to purchase the Auction item. If you are a Winning Bidder but repeatedly fail to purchase the Auction item, then we reserve the right to suspend or terminate your Account.
7.6. Payment Timeframes. If you are the Winning Bidder and you wish to purchase the Auction item, then you must pay the Total Auction Price within a designated period of time following the end of the Auction (the "Payment Timeframe"). Unless otherwise displayed on the Site, the Payment Timeframe for purchasing Auction item is seventy two (72) hours from the time that an Auction has ended.
7.7. Failure to Pay within the Payment Timeframe. If you are the Winning Bidder but do not complete your purchase of the Auction item within the Payment Timeframe, your right to purchase the Auction item shall be revoked and any Bids you submitted to win the Premium Auction shall be deemed expired, non-replaceable, and non-refundable.
7.8. Payment and Confirmation. Once we receive full payment of the Total Auction Price, we will send you confirmation of your payment via email to your designated email address (please see the section below entitled "Vouchers" for more details).
8. Premium Bids.
8.1. General. In order to participate in a Premium Auction it is necessary to submit Premium Bids. Premium Bids may only be used to participate in Premium Auctions on the Site. You may only submit and use each Premium Bid once. Once you place a Premium Bid it can not be refunded, regardless of whether or not it results in you becoming the Winning Bidder.
8.2. Eligibility to Purchase and Submit Bids. In order to purchase and submit Premium Bids you must (i) first register a valid Account; and (ii) comply with these Terms.
8.3. Premium Bid Types. The Site offers you the opportunity to acquire or purchase Premium Bids in a variety of different ways, including (without limitation):
(a) Promotional Bids. We may provide you with a certain number of Premium Bids for free, depending on the way in which you use the Site and participate in certain services ("Promotional Bids"). The ways in which you can obtain Promotional Bids are displayed on the Site. For example purposes only, we may provide you with Promotional Bids (i) when you first register an Account on the Site; (ii) when you refer other people to the Site in accordance with the Refer-A-Friend Service (defined below); (iii) in connection with a Customer Service request, or (iv) if you choose to participate in one of our Promotional Offerings (defined below).
(b) Paid Bids. You may purchase Premium Bids on the Site by (i) purchasing a Bid Pack (defined below); or (ii) by winning an Auction for a certain number of Premium Bids and paying the related Total Auction Price within the Payment Timeframe (collectively "Paid Bids").
8.4. Bid Expiration Dates. Premium Bids have an expiration date. Unless otherwise displayed on the Site, (i) Promotional bids expire seven (7) days from the date that they are made available to you; and (ii) Paid Bids expire three (3) months from the date of purchase.
8.5. Utilization of Bids. Premium Bids are deducted from your Account on a “closest-to-expiration” basis. This means that each time you submit a Premium Bid, the Premium Bid in your Account (regardless of whether it is a Paid Bid or a Promotional Bid) that is closest to expiring will be the first one that is utilized.
9. Submission of Bids. You may submit Premium Bids in connection with a Premium Auction by (i) manually clicking a "bid" button, or (ii) via our Bid Agent. You may only submit Free Bids in connection with a Free Auction by manually clicking a "bid" button.
10. Bid Agent. You may have the option to submit Premium Bids in certain designated Premium Auctions by using an automated bidding agent feature that we make available on the Site ("Bid Agent"). If a Premium Auction allows use of the Bid Agent it will display a Bid Agent icon in connection with the Premium Auction. The Bid Agent enables Users to bid on an Auction Promotion even when they are not online or logged-on to the Site. If you are using the Bid Agent then you may pre-program it so that it places a specific number of Bids at a specific starting price for a specific Auction Promotion. When activated the Bid Agent will automatically and randomly place your Bids when the timer has less than five (5) seconds remaining. The Bid Agent will continue to place Bids on your behalf and ensure that you are the highest bidder until the number of Bids that you pre-programmed to submit runs out.
11. Bid Packs. Users may purchase packs of Premium Bids by using one of the payment methods offered on the Site ("Bid Pack"). We offer a variety of Bid Packs, each containing a different quantity of Bids and amount of Store Cash. The quantity of Bids and amount of Store Cash in each City Pack and the price for each City Pack is displayed on the Site.
12.1. General. Vouchers may be purchased on the Site if you are a Winning Bidder in an Auction, by paying the related Total Auction Price within the Payment Timeframe (“Voucher Price”).
12.2. Delivery of the Voucher. After you submit payment for a Voucher by using one of the payment tools on the Site, we will send you an email, to your designated email address, containing the Voucher.
12.3. Redemption of Vouchers. Each Voucher has a unique redemption code which means that it can only be redeemed once. Depending on the terms and conditions set forth on the face of the Voucher, you may redeem a Voucher in one of the following ways: (i) by printing the Voucher and physically submitting the Voucher to the Merchant ("Physical Redemption"); or (ii) by electronically presenting or submitting the redemption code that is displayed on the Voucher to the Merchant or to a designated website ("Electronic Redemption"). Upon successful validation of the Voucher redemption code, the Merchant is required to provide you with the Promotion. Each Voucher redemption code may only be used once. You agree not to directly or indirectly re-use, or attempt to re-use, any Voucher (or Voucher redemption code) that has already been validated.
12.4. Voucher and Redemption Guidelines. Your use of the Voucher and redemption of the related Promotion is subject to these Terms and any terms and conditions that may be displayed or printed on the Voucher itself. You acknowledge and agree that: (i) each Voucher purchased through the Site is only redeemable for the related Promotion from the related Merchant; (ii) the Merchant, and not City Hits, is the supplier of the Promotion and is solely responsible for the redemption and provision of the Promotion; and (iii) City Hits is not responsible for the redemption or provision of the Promotion and your sole recourse for redemption issues is (a) with the related Merchant; or (b) if you are not satisfied with the Merchant's response, you may contact us in accordance with our Refund Policy (defined below); and (iv) City Hits is not responsible for any terms and conditions on the Vouchers. You agree not to alter, tamper with, or edit a Voucher or any content that is displayed or printed on a Voucher. Please be aware that, notwithstanding any other provision herein, the redemption of a Voucher may be subject to sales or use tax which shall be the sole responsibility of you or the Merchant as may be required by applicable law.
12.5. Voucher Expiration. Each Voucher displays an expiration date. You acknowledge and agree that your right to use the Voucher and redeem the related Promotion will end upon the Voucher expiration date, and you will not attempt to use the Voucher or redeem the related Promotion after the Voucher expiration date.
12.6. Voucher Refunds. Except in connection with our Refund Policy, your purchase of a Voucher is non-cancellable and non-refundable.
12.7. Lost or Stolen Vouchers. If you lose a printed Voucher, or if your printed Voucher is stolen, then you can reprint the Voucher from the email we sent you. Please be aware that: (i) each Voucher contains a unique redemption code and if someone else redeems your Voucher or exercises the redemption code on your Voucher then you will not also be able to redeem the related Promotion, and (ii) in such an event neither City Hits nor the Merchant shall be under any obligation to provide you with the related Promotion or refund you any amounts you have paid in connection with said Voucher. You are solely responsible for keeping your Voucher secure and preventing it from being used by someone else.
13. Delivery or Provision of Promotions.
13.1. General. The Merchant is solely responsible for (i) delivering or providing the Promotion to you; (ii) any warranties, support (including technical support), or maintenance in connection with the Promotion; and (iii) any claims you may have in connection with returning, replacing, or exchanging a Promotion.
13.2. Delivery and Delivery Costs.
(a) The Promotion Price (defined below) and Voucher Price is exclusive of any shipping or delivery costs for the related Promotion. Any shipping or delivery costs related to a Promotion will be displayed on the Site, and shall be payable in addition to the Promotion Price or Voucher Price. Physical or tangible Promotions may only be shipped to an address within the USA. We are not responsible for and make no representation or warranty regarding the delivery of physical or tangible Promotions outside of the USA.
(b) Unless otherwise stated on this Site, the delivery of physical Promotions will be made directly to you from the Merchant to your designated address in accordance with the terms and conditions set forth on the Voucher. We are not responsible for the shipping of Promotions to you.
13.3. Minimum Spend Amounts. Certain Promotions may entitle you to receive a discount off Merchant goods or services ("Discounts"). If you purchase a Voucher for a Discount and attempt to redeem it for the related goods or services from the Merchant, then you acknowledge and agree that (i) your receipt of the amount of the Discount is subject to you spending a minimum amount of money with the Merchant ("Minimum Spend Amount"), and in any event complying with these Terms and the details (and any terms and conditions) of the offer to which the Voucher relates; (ii) if you spend more than the Minimum Spend Amount, then the Merchant has the right to request that you pay the difference between the amount of the Discount and the amount that you would have been required to pay to the Merchant for the related goods or services had the amount of the Discount not been applied (the "Amount Payable"); and (iii) the Voucher Price that you pay to City Hits is separate from the Minimum Spend Amount and the Amount Payable that you pay to the Merchant. The Voucher will display the amount of the Discount, the Minimum Spend Amount, and the details (and any terms and conditions) of the offer to which the Voucher relates. Please be aware that if you do not spend the Minimum Spend Amount, or otherwise fail to comply with these Terms or the details (and any terms and conditions) of the offer to which the Voucher relates, then you will not be entitled to request a refund of the Voucher Price in accordance with our Refund Policy.
13.4. Failure to Validate a Voucher or Deliver or Provide a Promotion. If a Merchant fails to validate a valid Voucher or deliver or provide a Promotion following the successful validation of a Voucher, then you may contact us via our Customer Service. In such circumstances, (i) you agree to act in good faith and to provide full details of your complaint so that we can clearly identify the issue of concern; and (ii) we may consider providing a refund of the Voucher Price for the related Voucher in accordance with our Refund Policy.
13.5. Delivery of a Faulty or Damaged Promotion. City Hits is not responsible or liable to you if a Promotion is delivered to you by the Merchant in a faulty or damaged state, including as a result of shipping damage.
13.6. Where City Hits is the Merchant. In certain circumstances, and depending on the Promotion, City Hits may be the Merchant. In such an event only, all references herein to a Merchant shall also include City Hits.
14. Promotions without a Voucher.
14.1. General. The Site may offer you the opportunity to purchase certain third party Promotions directly from City Hits. You acknowledge that City Hits is acting as a reseller with respect to, and does not manufacture, any Promotions. Accordingly, you agree that City Hits does not make any warranties or representations with respect to the Promotions and is not responsible for (i) any warranties, support (including technical support), or maintenance in connection with the Promotions; and (ii) except as expressly set forth in these Terms, any claims you may have in connection with returning, replacing, or exchanging Promotions.
14.2. Promotion Price. The sale price, plus any applicable taxes and delivery charges, for each Promotion is displayed on the Site ("Promotion Price"). You must pay the full Promotion Price by using one of the Site's payment methods in order to purchase the related Promotion.
14.3. Delivery. We will ship the Promotion to your designated shipping address within fourteen (14) days, or another time-frame as displayed on the Site, from the date we receive the related Promotion Price. You acknowledge that we only deliver physical or tangible Promotions within the USA.
15. Promotion Preconditions. You acknowledge that your, or a third party recipient's, right to acquire certain Promotions may be subject to you, or the third party recipient (i) being over a certain legal age; or (ii) holding, or being the beneficiary of, a certain title, permit or license (each a "Precondition"). You agree: (a) to familiarize (including by obtaining independent legal advice) yourself, and to comply, with the legal requirements and Preconditions for any Promotion that you acquire or attempt to acquire via the Site; and (b) not to use the Site to acquire, or attempt to acquire, any goods or services that you would not otherwise be lawfully permitted to acquire if you attempted to acquire said goods or services in person. If you do attempt to acquire any goods or services in breach of these Terms, you do so at your sole risk and you acknowledge that the Merchant is entitled to refuse to provide you said goods or services; further in such an event you will not be entitled to any refund of the Voucher Price or Promotion Price.
16. Promotional Offerings. We may, from time-to-time and in our sole discretion, run certain promotional offerings for Bid Packs ("Promotional Offerings"). Each Promotional Offering will only be valid for a limited period of time. In order to participate in a Promotional Offering you may need to provide us with a related Promotional Offering code (for example by entering the code on our Site) or click on a related Promotion link.
17. Refer-a-Friend Service. Users may refer their friends to City Hits by using the online referral form that is available on the Site ("Refer-A-Friend Service"). If you refer a friend to the Site by using the Refer-a-Friend Service then your friend will be sent an email with a link to the Site ("Refer-A-Friend Link"). You may also be entitled to receive a certain number of Promotional Bids, provided that your friend uses the Refer-A-Friend Link to register a Site account; and purchases a Bid Pack. The number of Promotional Bids that you are eligible to receive for each successful referral is displayed on the Site, as updated from time to time. You may not use the Refer-A-Friend Service to refer yourself (even if you are using a different user name or email account). City Hits reserves the right to review each referral for possible fraud. Any abuse of the Refer-A-Friend Service may result in the deduction of any awarded Promotional Bids and the suspension or termination of your Account.
18. Customer Service. If you have any questions about our Terms or any other customer service issue, question, feedback, or complaint, please email us at firstname.lastname@example.org ("Customer Service"). We use commercially reasonable efforts to respond as quickly as possible.
19. Refund Policy.
19.1. General. This section provides the sole grounds upon which we will receive Refund Requests (defined below) and provide refunds ("Refund Policy").
19.2. You acknowledge and agree that any fees and/or payments paid by you to City Hits in connection with your use of the Site are non-refundable. Notwithstanding the foregoing, you may notify us and request a refund of a Voucher Price or Promotion Price that you have paid if you reasonably, and in good faith, believe that: (i) you have been wrongfully charged an amount by us; (ii) a Merchant has failed to validate a valid Voucher that you presented; or (iii) a Merchant has failed to deliver or provide you with a Promotion following the Merchant's successful validation of the related Voucher; or (iv) you have not received a Promotion after having paid the Promotion Price, or you received the Promotion in a damaged state ("Refund Request").
19.3. You may submit a Refund Request by contacting us via our Customer Service at email@example.com. Please be aware that we will not consider any Refund Request unless you include full details of the disputed transaction, including the relevant dates, payment details, and a short explanation as to why the amount is disputed or the refund is requested. We use commercially reasonable efforts to respond to Refund Requests as quickly as possible.
19.4. If we, in our sole discretion and following our receipt of a valid Refund Request, find that (i) an amount has been wrongfully charged; (ii) a Merchant has failed to validate a valid Voucher that you presented; (iii) you did not receive a Promotion following the successful validation of the related Voucher; or (iv) you failed to receive a Promotion after having paid the Promotion Price, or you received the Promotion in a damaged state, then we will, as your sole remedy, provide you with a refund of the overcharged amount or related Voucher Price or Promotion Price, or send you a replacement Promotion.
19.5. Charge-Backs. You undertake not to request any chargeback (reversal of an outbound transfer of funds from your credit card) from your credit card provider (“Chargeback”) unless: (i) you have a genuine, bona fide claim; and (ii) you first contact us with respect to your grievance. You acknowledge and agree that payments under these Terms are non-refundable and that we do not have any obligation hereunder to provide a refund unless you submit a Refund Request.
20. Purchases and Payments. If you choose to purchase a Bid Pack, Promotion, Voucher or any other offering or item from us, you agree (i) that we (or one of our service providers) may charge your credit card for the purchase and such other amounts (including any taxes as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third-party service providers to process transactions on our behalf; (iv) that the prices displayed on the Site may change at any time; and (iv) that all purchases are final and non-cancellable or non-refundable, except in accordance with our Refund Policy. If we do not receive payment from your card issuer for any reason, then you shall promptly pay all amounts due upon demand. Any failure or inability of City Hits to process any payment hereunder does not relieve you from your payment obligations.
21. Intellectual Property Rights. The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, Vouchers, Promotions, offers, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of City Hits and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site and the Content and Marks. Content on the Site is provided to you "as-is" for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “City Hits”, the City Hits logo, "Bid Pack" and other marks are Marks of City Hits or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
22. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of City Hits, its users or the public.
23.2. City Hits permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with City Hits or present any false information about City Hits and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
24. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
26. Warranty Disclaimers.
26.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
26.2. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CITY HITS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CITY HITS DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.
26.3. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT CITY HITS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
26.4. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY THIRD PARTY CONTENT OR ITEM (INCLUDING PRODUCTS OR SERVICES) THAT IS FEATURED OR ADVERTISED ON THE SITE.
26.5. THE SITE ALLOWS THIRD PARTIES AND MERCHANTS TO OFFER ITEMS (INCLUDING PRODUCTS AND SERVICES). CITY HITS DOES NOT, AND HAS NO OBLIGATION TO, VERIFY, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING, THE ITEMS OR THE IDENTITY, QUALIFICATIONS, CAPABILITY, EXPERIENCE, EXPERTISE, SUITABILITY, AND/OR REPRESENTATIONS OF ANY THIRD PARTY OR MERCHANT THAT YOU MAY ENGAGE, INTERACT WITH OR OBTAIN AN ITEM FROM IN CONNECTION WITH, OR ARISING FROM, YOUR USE OF THE SITE. CITY HITS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY INFORMATION, ADVICE, PRODUCTS, OR SERVICES THAT YOU MAY OBTAIN FROM A THIRD PARTY OR MERCHANT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ANY OF THE FOREGOING. YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH THIRD PARTY OR MERCHANT IS ENTIRELY AY YOUR SOLE COST AND RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY OR MERCHANT IN CONNECTION WITH ANY OF THE FOREGOING, YOU AGREE THAT (WITH THE SOLE EXCEPTION OF OUR COMMITMENT TO PROVIDE A REFUND IN ACCORDANCE WITH OUR REFUND POLICY) CITY HITS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. CITY HITS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
27. Limitation of Liability.
27.1. UNDER NO CIRCUMSTANCES SHALL CITY HITS OR OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: LOST PROFITS OR REVENUE, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SITE) ARISING OUT OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF CITY HITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
27.2. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT CITY HITS' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES ARISING OUT OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (I) THE AMOUNT (IF ANY) PAID BY YOU TO CITY HITS FOR USING THE SITE WITHIN ONE MONTH PRECEDING THE DATE GIVING RISE TO SAID CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (US$100).
28. Indemnity. You agree to defend, indemnify and hold harmless City Hits and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with another User or any Merchant; (iii) your submission of a Chargeback request to your credit card provider that is rejected or that is not upheld by your credit card provider; or (iv) your violation of the Site Terms.
29. Term and Termination. You may stop using the Site at any time. City Hits, in its sole discretion, has the right to suspend or terminate your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). City Hits shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. If we terminate your access to the Site then these Terms will terminate and you must cease all use of the Site. This Section 29 and Sections 20 (entitled 'Purchases and Payments', with respect to any outstanding payment obligations that you may have), 21 (entitled 'Intellectual Property Rights'), 22 (entitled 'Disclosure), 25 (entitled 'Privacy'), 26 (entitled 'Warranty Disclaimers'), 27 (entitled 'Limitation of Liability'), 28 (entitled 'Indemnity'), 30 (entitled 'Assignment'), 31 (entitled 'Arbitration and Settlement of Payment Disputes'), and 33 (entitled ('General') shall survive termination of these Terms.
30. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by City Hits without restriction or notification to you.
31. Arbitration and Settlement of Payment Disputes.
31.1. Arbitration. Any claim arising out or relating to these Terms and your use of the Site shall be resolved exclusively by arbitration conducted in New York, New York, in the English language by a sole arbitrator (“Arbitrator”) in accordance with the rules of the American Arbitration Association (“AAA”). If you and City Hits are not able to agree on a choice of the arbitrator within fifteen (15) days of one party demanding arbitration, then the AAA shall make the appointment of a person who is neutral to the parties in controversy. The arbitrator will be bound by the provisions of these Terms. Upon rendering a decision, the Arbitrator shall state in writing the basis for the decision, and the written decision of the Arbitrator shall be binding on the parties to the arbitration. Any judgment upon the reward may be entered and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, City Hits may seek injunctive relief in any appropriate court. Each party shall bear its own legal and other costs and expenses in connection with the AAA.
31.2. Payment Disputes. If you have a complaint or dispute regarding any payment to us or under these Terms (a "Payment Dispute") then, prior to submitting the matter to the AAA, you are first required to submit details of the Payment Dispute to us via our Customer Service and we will use commercially reasonable efforts to respond as quickly as possible. Both you and City Hits agree to cooperate with each other in good faith to amicably resolve the Payment Dispute.
32. Service Provider Restrictions. If you are an employee, director, officer, or Agent (defined below) of City Hits, or a spouse, de facto partner, parent, sibling, child or close family member of any of the foregoing people, then you are prohibited from registering an Account. "Agent" means a third party software service provider (and its employees) that we engage to perform technical Site management tasks on our behalf (for example, a software developer).
33. General. City Hits reserves the right to discontinue or modify any aspect of the Site at any time. Use of this Site is not authorized in any jurisdiction that does not give full effect to these Terms. The Site Terms and the relationship between you and City Hits shall be governed by and construed in accordance with the laws of New York, without regard to its principles of conflict of laws. You hereby waive the right to a jury trial or to participate in a class action. The UN Convention on the International Sale of Goods shall not apply to these Terms. The Site Terms shall constitute the entire agreement between you and City Hits concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a waiver of any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: 19 November 2013