ImNotAtWork.com Customer Terms and Conditions

Customers
Partners
Other Legal Provisions

INTRODUCTIONS

In order for this to be a successful program that adds value to both our Customers and our Partners, we have created these guidelines. Please ensure that you read, understand, and follow these policies at all times.

This website is owned and operated by I’m Not at Work Inc. ("us," "we")

By accessing the ImNotAtWork.com website ("INAW," "our Website," or "the Site"), you acknowledge and agree that you have read, understood and are agreeing to be bound by all of the terms and conditions of use, without modification, of our Website as provided in this Agreement and that you agree to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use our Website. You represent that you are at least 18 years old.

For purposes of this Agreement, "Partners" refers to all venues, merchants, organizations, and other businesses that create accounts and post information to INAW. "Customers" refers to all website visitors and members who purchase INAW cards.

Your use of our website and any of our business services is at your own risk. We do not verify, confirm, or moderate any of the postings on our website. Venue descriptions, photos, and discount/offer information posted on our website may be incorrect, outdated or contain typographical errors. We strongly encourage you to contact the establishment directly for all up-to-date and accurate information. We do not endorse the views, opinions, recommendations, or descriptions expressed in the content of our website. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your account.

CUSTOMERS

When you purchase an INAW membership for yourself or anyone else, you and the person(s) you are buying the membership for agree to:

Ensure that all of your account and personal information is always accurate and up-to-date
Verify and confirm discount/offer information with venues directly before arriving at an establishment, since offers may change at any time
Tell us about any venues not honoring their posted discounts/offers so we can follow up
Only enter a drinking establishment and/or attempt to redeem and alcohol-related discount if you are of legal drinking age
Read and follow the Card Usage terms listed below
Have read, comprehend and be bound by the full Terms and Conditions listed here and check back frequently for updates or changes

CARD USAGE

When using your card, please:

Present it along with your ID for verification
Let your bartender, server, doorman, etc. know which offer/discount you would like to use before you order, as they may have several valid offers and/or discounts
Remember that when offering a gratuity, please tip your customary percentage on your pre-discount total
Remember that INAW offers and discounts CANNOT be combined with other offers
Remember that cards are non-transferable and can only be used for yourself, unless explicitly stated in offer/discount descriptions, and venue management has final say regarding offers and validity

REFUNDS AND REPLACEMENT CARDS

Cards are non-refundable. If your card is lost or stolen, you must pay a replacement fee for a replacement card, which will have the same expiration date, or order a new card, which will have a new expiration date. Please treat your card like cash and keep it safe and secure.

VALIDITY OF OFFERS

In most instances, establishments can change or delete their offers at any time and without previous notice. Please check with the establishment directly to verify their offers, and remember that an offer that is valid now may not be later. It is in the establishment’s best interest to not remove their offers without prior notice, however, it is not a requirement that they do so.

COMMUNICATION AND PRIVACY POLICY

We take your privacy very seriously. Please refer to our Privacy Policy for full details, including information about email communication. Agreeing to these terms also signifies your acknowledgement of our Privacy Policy.

PARTNERS

When you create an account, add, and edit information on INAW you agree to:

Honor all posted offers/discounts to any INAW Member who presents a valid, personalized, non-expired INAW card
Keep all venue, discount, and account information up-to-date
Open, read, and do not opt-out of email communication from INAW, as this is our primary means of communication with you
Familiarize your staff with the INAW Program and the discount(s)/offer(s) you post and ensure their understanding and compliance
Always maintain and honor at least one offer that is valid for all hours of operation with very limited or no exceptions or blackout dates
Allow INAW to use your establishment’s name and discount(s)/offer(s) in promotional advertising
Promote INAW in your establishment with INAW-provided promotional materials such as postcards and decals, and on your website
Follow all applicable laws regarding drink specials
Have read, comprehend and be bound by the full Terms and Conditions listed here and check back frequently for updates or changes

You are entirely responsible for all content that post. You agree not to post information that:

Is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to I’m Not at Work Inc. or other users of the Website
Involves or incites illegal activity
Includes unauthorized disclosure of personal information
Violates or infringes anyone's intellectual property rights
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You represent and warrant that You have the authority to make decisions and enter agreements on behalf of your venue(s). You understand that any administrators that you sign up are also fully bound by these terms and that you are liable for their actions related to INAW.

You represent and warrant that you own all content posted by you or anyone that has access to your account on the Site or otherwise have the right to grant the ownership to INAW. You represent and warrant that your content on the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any content on the Site posted by you or anyone that has access to your account.

We reserve the right to edit or remove content that violates these Terms, contains third-party commercial advertisements or for any other reason at the sole discretion of I’m Not at Work Inc.

We reserve the right to suspend or terminate any Partner account for any reason whatsoever and without prior notice.

We do not guarantee that participation in this program will translate to increased profits. Your success with the INAW Program is entirely dependent on level of involvement, promotion of ImNotAtWork.com in your establishment, and effectiveness of discounts and offers given to INAW Card Members through this program.

You agree to assume full responsibility for anyone that you allow to have access to your account, whether by enabling them to have access to your venue through their own account or by sharing your password with them. You agree to maintain control of who has access to your venue through our website, especially concerning former employees or partners that no longer have responsibility for your venue.

POSTING MANDATORY OFFERS AND DISCOUNTS

Every Partner must list at least one offer or discount that is valid during all operating hours at your venue or "24/7." This offer must have a value of $1.00 or greater. You may post limited restrictions in the details area of the listing, and as with all offers, these do not have to be honored on top of current discounts, promotions, or specials being offered. If you have no 24/7 offers displayed, your venue and other offers will be hidden from public view on the Site. You may offer a "24/7" discount for private events and group parties, however, this cannot be the only "24/7" discount offered.

POSTING OTHER OFFERS AND DISCOUNTS

Partners may post an unlimited number of other offers and discounts. These may be of any value. Please be as detailed as possible when posting offers.

EXCLUSIVITY TO INAW MEMBERS

All offers that you post must contain discounts, specials, benefits, or perks that are exclusive to INAW Card Members. You may specify that offers cannot be combined with other offers (for example, your normal happy hour deals), however, Customers must own an INAW card and present it to redeem your posted discounts. You will also have the opportunity to post all of your happy hour deals, as long as you agree to extend each happy hour promotion by at least one hour exclusively for INAW Card Members.

LAWS PERTAINING TO DRINK SPECIALS

You agree to follow and abide by all applicable laws regarding the offering of drink specials. Since you are in direct control of discounts and specials offered through ImNotAtWork.com, you are fully responsible for content posted and drink specials offered through our Website.

UPGRADE OPTIONS

Featured Venue Upgrades – One Featured Venue for different geographic areas will be listed on the right-side of the INAW homepage and subsequent pages, based on the geographic area being searched. Pricing can be changed at any time and without prior notice. No refunds will be given.
Featured Discounts Upgrades – Up to five Featured Discounts for different geographic areas will be listed on the right-side of the INAW homepage and subsequent pages, based on the geographic area being searched. Pricing can be changed at any time and without prior notice. No refunds will be given.
"Top Listing" Upgrade – You can select any of your offers to be moved to the top of a search result at any time. Once you submit payment and your posting date and time arrive, your offer will be moved to the top of every search that features your offer. Please note that any other offer can be moved on top of yours at any time and purchasing a "Top Listing" does not guarantee you a top listing for any amount of time. When multiple offers are set for a "Top Listing" upgrade at the same date and time, any of those offers may never make it to the top of the list. These upgrades are not enforced when a website visitor sorts an offer list, searches for discounts using the address search functionality, or utilizes features of the mapping functionality. Your offer may also be at the top of one search and not another, depending on any other Partner that may also enhance the visibility of their offer with a "Top Listing" upgrade. Pricing can be changed at any time and without prior notice. No refunds will be given.

OTHER LEGAL PROVISIONS

TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES

ImNotAtWork^TM, and I’m Not at Work^TM are registered Service Marks of I’m Not at Work Inc. and are protected by applicable federal and state laws and regulations. Other trademarks and service marks used on our Website are the property of their respective owners. Unless otherwise expressly provided, all content, site design, information and materials, text, graphics, photographs, video and audio presentations, interfaces, and the selection and arrangement contained on or downloaded from this site ("Content") are: Copyright © 2009, I’m Not at Work Inc., all rights reserved.

THIRD PARTY WEBSITES

Our website contains links to websites operated by persons or entities other than us ("third party websites"). We are not responsible or liable for the content or operation of any such third party websites, including social media websites. A link from our website to a third party website does not imply or mean that we endorse the content on that third party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any third party websites to which you might link from our website.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time and without notice. Such modifications shall become effective immediately upon the posting thereof. The changes will appear in this Agreement and your use of our website after any such changes have been posted will constitute your agreement to the Agreement as modified. You agree to review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most up to date version of the Terms and Conditions at ImNotAtWork.com.

INDEMNITY AND LIMITATION OF LIABILITY

I’m Not at Work Inc., our affiliates, and our respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site and our services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.

Customers and Partners shall indemnify, defend and hold I’m Not at Work Inc., its principals, employees, affiliates and agents, harmless from and against any and all losses relating directly or indirectly to the use of the Site or the INAW program in a manner other than as provided herein, and will pay all expenses, including attorney fees, incurred by I’m Not at Work Inc. in the defense of any such claim or action.

To the maximum extent permitted by law, we and our affiliates, agents and licensors hereby disclaim all representations and warranties, express or implied, with respect to our website and with respect to the content, links, information, services, products and materials provided by or through our website, including without limitation warranties as to the accuracy, completeness, timeliness, noninfringement, title, merchantability or fitness for a particular purpose, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In no event shall we or any of our affiliates, agents or licensors be liable to you or anyone else for any loss or injury, or for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages of any type or nature, including but not limited to personal injury, property damage and wrongful death, even if we have been previously advised of the possibility of such damages, whether in an action under contract, negligence, tort, strict liability, or any other theory, arising out of or in connection, with the use, inability to use, performance of, reliance on, or any decision made or action taken in reliance on, our website, or the information, content, links, services, products and materials available from or provided through our website.

LIMITATION OF LIABILITY REGARDING THIRD PARTY SUPPLIERS

Our program relies on relationships with third party suppliers and partners. We cannot be held liable for their actions and operations. All claims arising out of their actions or inactions should be brought directly to them and not involve INAW and I’m Not at Work Inc.

MISCELLANEOUS

We may modify, suspend or discontinue our Website and operations at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of our Website at any time for any reason, without notice. We may discontinue or restrict your use of our Website at any time for any reason, without notice, at our sole discretion. You agree that INAW shall not be liable to you or any third party for any modification, suspension or discontinuation of service. No refunds of any kind will be given.

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York, including New York rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in the County of New York, New York, USA, in all disputes arising out of or relating to the use of our Website. Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Should you object to any term or condition of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with I’m Not at Work Inc. or ImNotAtWork.com in any way, please immediately discontinue the use of our website and our program.

Any service, program, or offering, including our entire Site, can be terminated without notice. No refunds will be given to any Customers or Partners.