Terms & Conditions
1. Description of Services.
In the Site, NWA DealPiggy provides users with access to sales of luxury items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
NWA DealPiggy grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that 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; any action that imposes or may impose (in NWA DealPiggy’s sole discretion) an unreasonable or disproportionately large load on NWA DealPiggy’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by NWA DealPiggy to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by NWA DealPiggy.
3. Membership Eligibility.
The NWADealPiggy.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by NWA DealPiggy for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your NWADealPiggy.com account to another party. If you do not qualify, you may not use the NWADealPiggy.com Service or the Site.
4. Your Account.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NWA DealPiggy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NWA DealPiggy has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify NWA DealPiggy immediately of any unauthorized use of your account or any other breach of security. NWA DealPiggy reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Submitted Content.
NWA DealPiggy does not claim ownership of any materials you make available through the Site. At NWA DealPiggy’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant NWA DealPiggy a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
6. Disclaimer of Warranty.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
NWA DEALPIGGY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN NWA DEALPIGGY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL NWA DealPiggy BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NWA DEALPIGGY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NWA DEALPIGGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold NWA DealPiggy (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
9. Electronic Communication.
10. Site-Provided Email and Postings.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. NWA DealPiggy is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, NWA DealPiggy may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Messages by non-spokesperson employees of NWA DealPiggy purporting to speak on behalf of NWA DealPiggy or containing confidential information or expressing opinions concerning NWA DealPiggy.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Gilt.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Gilt.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because NWA DealPiggy has no control over such sites and resources, you acknowledge and agree that NWA DealPiggy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that NWA DealPiggy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
(i) sending an email to the address associated with your account. NWA DealPiggy is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add NWADealPiggy.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
with (i) and (ii) being deemed sufficient notification, of such changes.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of NWA DealPiggy and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of NWA DealPiggy or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
15. Procedure for Claims of Intellectual Property Infringement.
NWA DealPiggy respects the intellectual property of others, and we ask our users to do the same. NWA DealPiggy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NWA DealPiggy’s Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
NWA DealPiggy’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent
c/o NWA DealPiggy
212 N. East Ave.
Fayetteville, AR 72701
By phone: 888-613-3430
By email: Contact Form
NWA DealPiggy may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
17. Dispute Resolution by Binding Arbitration
The purchaser and/or user of a Voucher agrees that if a dispute, claim or controversy of any kind arises out of or relates to a Voucher, this terms of service Agreement (“Agreement”) or the purchase, sale or use of a Voucher, you, NWA DealPiggy and NWA DealPiggy’s owner NWA Media agree to resolve those disputes exclusively through binding arbitration.
Arbitration is usually an informal proceeding in which disputes are decided by one or more neutral arbitrators who receive the evidence at a hearing and then issue a binding ruling in the form of an award. You and NWA Media understand that in an arbitration, discovery is more limited than in a court and review by courts is very limited.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to NWA DealPiggy should be addressed to
212 N. East Ave.
Fayetteville, AR 72701
Any Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you, NWA DealPiggy, and/or NWA Media do not reach an agreement to resolve the claim within 30 days after the Notice is received, you, NWA DealPiggy, or NWA Media may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you, NWA DealPiggy, or NWA Media, as applicable, shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, NWA DealPiggy, or NWA Media are entitled.
You, NWA DealPiggy, and NWA Media agree, upon written demand made by you, NWA DealPiggy, or NWA Media, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, a Voucher or the benefits provided by it, or any advertisements, promotions, or oral or written statements related to a Voucher, or the relationships that result from the purchase and use of a Voucher (including, to the fullest extent permitted by applicable law, relationships with third parties who are not parties to this Agreement or this arbitration provision), or the scope or enforceability of this Agreement, including the determination of the applicability of this agreement to arbitrate (collectively, a “Claim”). All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court. At the option of the first to commence an arbitration, you, NWA DealPiggy, or NWA Media, may choose to have the arbitration conducted by JAMS ADR (“JAMS”) or the American Arbitration Association (“AAA”), or you, NWA DealPiggy, or NWA Media, may agree upon a different arbitrator. In any event, any arbitration under this Agreement shall be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS if JAMS conducts the arbitration, or the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes if AAA or other arbitrator conducts the arbitration (hereinafter “Rules”). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the construction, interpretation, and enforceability of this Agreement notwithstanding any other choice of law provision contained in this Agreement.
Any of you, NWA DealPiggy, or NWA Media may initiate arbitration by giving written notice of the intention to arbitrate to the other parties and by filing notice with JAMS or the AAA in accordance with the Rules in effect at the time the notice is filed. NWA Media may be given notice at the above address. The AAA Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. The JAMS rules are available online at www.jamsadr.com or by calling 800-352-5267. In the event of any inconsistency between this Agreement and the Rules to be used for an arbitration, such inconsistency shall be resolved in favor of this Agreement.
Demand for arbitration under this Agreement must be made before the date when any judicial action upon the same Claim would be barred under any applicable statute of limitations; otherwise, the claim also is barred in arbitration. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or other doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with the provisions of this Agreement.
Nothing in the arbitration provision shall limit the right of you, NWA DealPiggy, or NWA Media, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set off, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as filing an interpleader action. You, NWA DealPiggy, and NWA Media agree that the taking of these actions or any other participation in such litigation by you, NWA DealPiggy, or NWA Media does not waive any right that you, NWA DealPiggy, or NWA Media has to demand arbitration at any time with respect to any subsequent or amended Claim filed against you, NWA DealPiggy, or NWA Media after commencement of litigation between you and us.
A single arbitrator shall decide the Claims. The arbitrator shall be an active member in good standing of the bar for any state in the continental United States and shall be either actively engaged in the practice of law for at least 5 years, or a retired judge.
You and NWA Media agree that the arbitrator: i) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; ii) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; iii) shall have authority to grant relief only with respect to Claims asserted by or against you individually; and iv) shall provide a written statement stating the disposition of each claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. NWA DealPiggy and/or NWA Media will pay to JAMS or the AAA the portion of the arbitration filing fee that exceeds the cost of filing a lawsuit in the federal court where you live. If you are unable to pay the filing fee, NWA DealPiggy and/or NWA Media will pay it directly upon receiving a written request. NWA DealPiggy and/or NWA Media will pay all of the remaining administration fees and other costs, including the arbitrator’s fees, for any non-frivolous claim (measured by the standards set forth in Federal Rule of Civil Procedure 11(b)) that does not exceed $25,000. For all other claims, the arbitrator will decide whether NWA DealPiggy, NWA Media or you ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the applicable Rules. Any arbitration proceedings shall be conducted in the federal judicial district of your residence, and you will be given the opportunity to attend the proceeding and be heard. If your claim is for $10,000 or less, NWA DealPiggy and NWA Media agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration Rules. Judgment upon any award rendered in arbitration may be entered in any court having competent jurisdiction.
If NWA DealPiggy and/or NWA Media, as applicable, made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits that is greater than the value of the last, highest settlement offer, then NWA DealPiggy and/or NWA Media will: i) pay you the amount of the arbitrator’s award or $7,500 (the “alternative award”) whichever is greater; and ii) pay you twice the amount of your reasonable attorneys’ fees, plus reimbursement for expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing and pursuing your claims in arbitration (the “attorney premium”).I
f NWA Media has not made a written offer to settle the dispute before an arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the alternative award and the attorney premium, respectively.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive expiration of each Voucher or termination of this Agreement.
* References to “NWA DealPiggy,” “NWA Media,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of a Voucher.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time NWA DealPiggy may offer special promotional offers which may or may not apply to your NWA DealPiggy account. You agree to be bound by any additional terms and conditions for these special offers which can be found by clicking here. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and NWA DealPiggy will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and NWA DealPiggy agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of NWA DealPiggy to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. NWA DealPiggy does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and NWA DealPiggy and governs your use of the Site, superseding any prior agreements between you and NWA DealPiggy with respect to the Site.