Terms and Conditions1.General.
This website provides an online service operated by Northeast Ohio Fulfillment Center, LLC (NeoFillŪ) on the world wide web consisting of the offer for sale and fulfillment of discount vouchers ("Vouchers") offered by various merchants ("Merchants") which may be exchanged for goods and/or services provided by Merchants and/or third parties. This Agreement sets forth the terms and conditions that apply to the use of this website by you, the end user. By using this website, you agree to comply with and be bound by all of the terms and conditions set forth herein. The right to use this site is personal to you, and is not transferable to any other person or entity.
2.Modification of Terms and Conditions.
3.Using a Credit Card and your Billing/Statement.
NeoFillŪ does not sell products to children or teens, but does sell to adults, who can purchase with a credit card. If you are under 18, you may use a NeoFillŪ site only with the involvement of a parent or guardian. NeoFillŪ reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Purchases that you elect to make at a NeoFillŪ website will appear on your credit card bill as: NEOFILL HALF OFF DEALS .
NEOFILL HALF OFF DEALS is the designated contact for the Merchant of Record for this and other sites. If you have questions pertaining to your order, feel free to contact NeoFillŪ at 1-866-311-9806.
4.Risk of Loss.
All items purchased from any NeoFillŪ cart are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
5.Lost, Stolen or Damaged.
We are not responsible for lost, stolen or damaged deal vouchers.
Neither NeoFillŪ nor NRG Media Group / KQKY are responsible if an establishment closes after a purchase is made. We encourage customers to use their vouchers in a timely manner. No refunds, exchanges or replacements will be offered. Change in ownership qualifies as a closed merchant.
7.Expiration Dates and Underlying Value.
Under the provisions of law applicable to your purchase of a Voucher, the Merchant may be required to allow you to redeem the Voucher for the actual price you paid for it, even after the expiration date printed on the Voucher (in other words, if you paid $25 for a $50 Voucher with a 6-month expiration date, the Merchant must continue to honor the Voucher after 6-months in the amount of $25, for the period provided by applicable law). The expiration date on the Voucher sets forth the last date on which you can redeem your Voucher for the full promotional value as stated on the Voucher, but applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for the Voucher for a period of time beyond that expiration date. If you have an expired Voucher and would like to redeem it, please present it at the Merchant to redeem the Voucher for the price paid for it. We have instructed the Merchant to honor the Voucher after its expiration date in the amount of the purchase price, for the minimum period of time required by applicable law. If you have presented the Voucher to the Merchant and the Merchant has refused to either redeem the Voucher for the purchase price or refund the purchase price to you (at the Merchant's option), please contact NeoFillŪ in writing at 650 S Prospect Ave, Hartville, OH 44632-8904. If you are within the redemption period required by applicable law, we will work with you to obtain a refund of the purchase price for the Voucher.
Fulfillment of the product purchases made on this site will be made by a third party provider listed here as Northeast Ohio Fulfillment Center, LLC of 650 S Prospect Ave, Hartville, OH 44632-8904. 1-866-311-9806
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on this Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price, and notify you of this occurrence.
Your order is not complete or guaranteed until you complete all screens.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service, with notice to you if this should occur, and apply a credit to your credit card if applicable.
11.Your Acceptance of Vouchers and/or Merchant Provided Cards.
NeoFillŪ and its websites may offer merchant provided cards for sale. Except as set forth in these Terms and Conditions, neither NeoFillŪ nor its vendors are responsible for the actual available usage duration of any voucher or card, or the policies of the various businesses who provide the cards and vouchers. Please contact the retailer or service provider directly to confirm any restrictions, if any.
12.Shipping and Delivery.
NeoFillŪ does not guarantee delivery times of shipments; all delivery times given are estimates and NeoFillŪ is not liable for any shipping delays. NeoFillŪ is not liable for undeliverable shipments of Vouchers or Goods. In the event an item is returned as undelivered, NeoFillŪ will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment. We ship to the continental US, Alaska and Hawaii addresses only. Please allow 7-10 days.
In the event a Voucher or Good is not received by the customer, NeoFillŪ within thirty (30) days from receipt of order, NeoFillŪ will attempt to resolve situation with Customer as long as Customer contacts NeoFillŪ customer care support at 1-866-311-9806 within the thirty (30) days of receipt of order.
13.All Sales Final.
14.End User Conduct.
The foregoing provisions of this Section 14 apply equally to and are for the benefit of NeoFillŪ, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
15.Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of NeoFillŪ or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF NEOFILLŪ. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and contents of NeoFillŪ protected by copyright as a collective work under the United States copyright laws. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NeoFillŪ and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with NeoFillŪ shall not be deemed to be in the public domain but rather the exclusive property of , NeoFillŪ unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of NeoFillŪ , unless otherwise stated.
End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NeoFillŪ does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted NeoFillŪthe royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants NeoFillŪ the right to edit, copy, publish and distribute any material made available on this Website by End User.
The foregoing provisions of Section 15 apply equally to and are for the benefit of NeoFillŪ, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
NEOFILLŪ is a trademark of Northeast Ohio Fulfillment Center, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on NEOFILLŪ are the property of their respective owners.
NeoFillŪ, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by other parties and End Users. Accordingly, NeoFillŪ has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of NeoFillŪ. Neither NeoFillŪ nor any other party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 19 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with NeoFillŪ. NeoFillŪ, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on NeoFillŪ, by anyone other than authorized NeoFillŪ, employee spokespersons while acting in official capacities. Under no circumstances will NeoFillŪ, be liable for any loss or damage caused by End User's reliance on information obtained NeoFillŪ. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through NeoFillŪ.
NeoFillŪ, contains links to other websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by NeoFillŪ, of the contents on such websites and NeoFillŪ, hereby expressly disclaims any representations regarding the content or accuracy of materials on such websites. If End User decides to access linkedwebsites, End User does so at its own risk. Unless you have executed a written agreement with NeoFillŪ, expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. NeoFillŪ, reserves the right to revoke its consent to any link at any time in its sole discretion.
You agree to defend, indemnify and hold harmless NeoFillŪ, its affiliates, subsidiaries, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from (i) your use of and access to NeoFillŪ, HalfOffDeals.com, or any other NeoFill microsites (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of NeoFillŪ.
18.Reservation and Rights and Release.
NeoFillŪ reserves the right, but has no obligation, to monitor, or take any action NeoFillŪ deems appropriate regarding disputes that you may have with other customers of ours or any Merchants, Media Partners and Affiliates. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants, Media Partners and Affiliates. You hereby waive California Civil Code 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "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."
19.DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER NEOFILLŪ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNITERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES.
IN NO EVENT SHALL NEOFILLŪ, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL NEOFILLŪ'S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY THE END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
NEOFILLŪ IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY NEOFILLŪ . MOREOVER, NEOFILLŪ RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, NEOFILLŪ, DEEMS UNSUITABLE.
NeoFillŪ's, headquarters are in Hartville, Ohio. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through NeoFillŪ and its MicroSites, and/or the Website (including the purchase of the right to print a Voucher or the use of a HalfOffDeals Specific Promotional Voucher, Merchant Voucher, HalfOffDeals Promotional Voucher, GoFishDeals.com Voucher or related Vouchers shall be governed by and in accordance with the laws of the State of Ohio (exclusive of its rules regarding conflict of laws). The parties agree to venue and jurisdiction in Courts of Common Pleas of Summit County, Ohio and the United States District Court for the Northeastern District of Ohio, Southern Division.
We may change or discontinue the website or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease to access to the website and Services. Any Voucher or Good issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher or sale of Goods.
22.Receipt of Goods
If the Deal is for goods, Merchant agrees to allow Purchaser fourteen (14) calendar days after delivery of Product to inspect and either accept or return Product to Merchant, at the Purchaser's expense, if the condition or quality of the Product does not meet the description provided by Merchant. All Product not accepted by the Purchaser shall be either exchanged for the Purchaser by Merchant for another item of equal or greater value, or be credited back to NeoFillŪ at Merchant's expense in order for NeoFillŪ to issue a full credit to the Purchaser.
Revised January 1, 2013