Corporate Perks Terms of Use
1. Acceptance of Terms of Use
This Web site and the services offered on it (the "Service") are owned and operated by Next Jump, Inc. The Service is provided to you pursuant to the terms and conditions of this Terms of Use and any operating rules or policies that may be published by Next Jump, Inc. (including the Privacy Policy), as may be amended from time to time (collectively, the "Agreements"). You shall mean you, any invitee of yours, and anyone who may receive a gift or credit from you which is redeemable by using the Service.
BY USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS.
2. User Responsibilities
By consenting to the Agreements, you agree:
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.
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.
3. Privacy
As part of the Service registration process, you will provide certain personal information to Next Jump, Inc. Your personal information will only be used in accordance with Next Jump, Inc.'s Privacy Policy. Next Jump, Inc. reserves the right to, but is not obligated to, inform you by email of changes or additions to the Service or of any Next Jump, Inc. related products and services.
4. Vendors and Goods and Services
4.1 Next Jump, Inc. and your organization will not be liable for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the vendor.
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.
4.3 In some instances you may redeem alternate currencies or credits for goods and services. In such cases, the conditions of Service described in these Terms of Use will apply.
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 §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, sometimes called overwhelming offers. Some of these special offers will be limited in terms of inventory and/or time. When offers have limited inventory, Next Jump, Inc. may require that you register for the offer and may require reservations for the special offer. The terms of the reservation may require that you purchase the good or service within a certain period of time. You will receive one reward only for a special offer, regardless of the number of reservations you may make or attempt to make. The terms of the reservation may also impose a charge in the event you do not complete the transaction. There may be other conditions associated with special offers and reservations. Some special offers 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, not any external timekeeper, 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: (a) you did not take all steps necessary to qualify to receive the special offer reservation; (b) you attempted (in Next Jump, Inc.'s sole discretion) to reserve by methods that contravene Next Jump, Inc.'s reservation system and special offer rules; (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
4.2 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.
4.3 In some instances you may redeem alternate currencies or credits for goods and services. In such cases, the conditions of Service described in these Terms of Use will apply.
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 §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, sometimes called overwhelming offers. Some of these special offers will be limited in terms of inventory and/or time. When offers have limited inventory, Next Jump, Inc. may require that you register for the offer and may require reservations for the special offer. The terms of the reservation may require that you purchase the good or service within a certain period of time. You will receive one reward only for a special offer, regardless of the number of reservations you may make or attempt to make. The terms of the reservation may also impose a charge in the event you do not complete the transaction. There may be other conditions associated with special offers and reservations. Some special offers 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, not any external timekeeper, 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: (a) you did not take all steps necessary to qualify to receive the special offer reservation; (b) you attempted (in Next Jump, Inc.'s sole discretion) to reserve by methods that contravene Next Jump, Inc.'s reservation system and special offer rules; (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
4.11.1 YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. NEITHER NEXT JUMP, INC. OR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOT DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXT JUMP, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERORMANCE. IN ADDITION, NEXT JUMP, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRNET. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS REGARDLESS OF SOURCE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, EFFOR, OMISION, INTERRUPTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RIK OF INJURY OR HARM FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.
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.
5. Payments and Rewards
5.1 The following terms shall have these meanings:
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.
- 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.
5.4.1 Electronic Signature and ACH Authorization. By choosing your bank account as your disbursement or reward method, you agree that: (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions, (c) you authorize Next Jump (or its agent) to make any inquiries we consider necessary to validate your dispute, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize Next Jump (or its agent) to initiate one or more ACH credit entries (payments) for the specified amount(s) to your bank account, and you authorize the financial institution that holds your bank account to accept such payments.
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:
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.
5.4.7 Agreement Changes. We may in our discretion change these Terms and Conditions, Next Jump's Terms of Use and/or its Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. YOUR CONTINUED USE OF YOUR BANK ACCOUNT ON NEXTJUMP AFTER WE CHANGE THESE TERMS AND CONDITIONS, NEXTJUMP 'S TERMS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.
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.
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.
5.4.7 Agreement Changes. We may in our discretion change these Terms and Conditions, Next Jump's Terms of Use and/or its Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. YOUR CONTINUED USE OF YOUR BANK ACCOUNT ON NEXTJUMP AFTER WE CHANGE THESE TERMS AND CONDITIONS, NEXTJUMP 'S TERMS OF USE AND/OR ITS PRIVACY NOTICE CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.
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.
6. Content and Links
6.1 The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Next Jump, Inc. and your organization do not, in any respect, control such content or operate such third-party sites and do not guaranty the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Next Jump, Inc. or your organization. Next Jump, Inc. and your organization are not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
7. Modifications to the Service, the Agreements, and Fees
7.1 Next Jump, Inc. reserves the right to modify or discontinue the Service at any time without notice to you and Next Jump, Inc. shall not be liable to you or any third party should Next Jump, Inc. exercise its right to modify or discontinue the Service.
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.
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. Ownership and Licenses
8.1 All contents of the Service are the property of Next Jump Inc., participating vendors, or advertisers. The Service content may not be copied, distributed, or transmitted in any way without the prior written consent of Next Jump Inc.; provided that you may download, print, and store a single copy of the Service for personal, non-commercial use. You may not modify the content in any way, nor delete any copyright or trademark notice.
8.2 Any information, ideas, suggestions, or communications sent by you to Next Jump Inc. through the Service becomes the exclusive property of Next Jump Inc. Subject to the terms of the Privacy Policy Next Jump Inc. is entitled to use, reproduce, disclose, and distribute any information submitted for any purpose without restriction or compensation to you.
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.
8.2 Any information, ideas, suggestions, or communications sent by you to Next Jump Inc. through the Service becomes the exclusive property of Next Jump Inc. Subject to the terms of the Privacy Policy Next Jump Inc. is entitled to use, reproduce, disclose, and distribute any information submitted for any purpose without restriction or compensation to you.
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.
9. Termination
Next Jump Inc. may immediately terminate your registration for any reason at any time. Upon termination, you will cease to use the Service. You may terminate your registration by contacting Next Jump Inc. here.
10. Indemnification
You agree to indemnify and hold Next Jump Inc. and your organization, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
11. Disclaimer of Warranties and Limitation of Liability
11.1 YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. NEITHER NEXT JUMP, INC. OR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOT DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXT JUMP, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERORMANCE. IN ADDITION, NEXT JUMP, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS REGARDLESS OF SOURCE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, EFFOR, OMISION, INTERRUPTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RIK OF INJURY OR HARM FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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.
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. Miscellaneous
12.1 The Agreements comprise the entire agreement between you and Next Jump Inc. and supersede all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Next Jump Inc.
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.
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.
