Terms of Use

CHIMAERA, LLC.

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“ExploreTheAttic”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

1. General.

The Site provides an interactive online service operated by Chimaera, LLC. on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through ExploreTheAttic, affiliates of ExploreTheAttic or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ExploreTheAttic, and ExploreTheAttic shall not be responsible for any data lost while transmitting information on the Internet. The Site may be unavailable for any reason. You understand and acknowledge access to the Site may be interrupted, suspended or terminated from time to time.

ExploreTheAttic shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, availability and accessibility.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. If you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms.

ExploreTheAttic reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy. Any changes to these Terms of Use will be effective immediately upon our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Any use of the Site by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

3. Equipment.

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ExploreTheAttic shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

4. End User Conduct.

This Site is private property. All interactions on this Site must comply with these Terms of Use. This site may be used for lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation. Any conduct by an End User that in ExploreTheAttic’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site is strictly prohibited. End User shall not use this Site to advertise or perform any solicitation.

5. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of Chimaera, LLC or used with express permission of the copyright and/or trademark owner.

This Site contains copyrighted material, trademarks and other proprietary information and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of ExploreTheAttic.

End User shall not upload, post or otherwise make available on this Site 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. ExploreTheAttic 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 Site or any Microsite, End User warrants that the owner of such material has expressly granted ExploreTheAttic the 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) in any form and to any location 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 hereby grants ExploreTheAttic the right to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 5 apply equally to and are for the benefit of ExploreTheAttic, its subsidiaries, affiliates, Merchants 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.

6. Copyright Policy.

ExploreTheAttic reserves the right to terminate its agreement with any End User. If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide ExploreTheAttic with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ExploreTheAttic’s Copyright Agent for notice of claims of copyright infringement is as follows:
Chimaera, LLC
support@ExploreTheAttic.com

7. Disclaimer of Warranty.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NEITHER EXPLORETHEATTIC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPLORETHEATTIC HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.

IN NO EVENT SHALL EXPLORETHEATTIC, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL EXPLORETHEATTIC’S LIABILITY EXCEED THE AMOUNTS PAID FOR A VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX DAYS PRECEDING THE BRINGING OF ANY CLAIM.THIS IS ALL IN CAPITAL LETTERS SO THAT YOU DON’T FORGET TO READ IT.

9. Monitoring.

ExploreTheAttic shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ExploreTheAttic, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ExploreTheAttic shall have the right, but not the obligation, to remove any material that ExploreTheAttic, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or just dumb.

10. Privacy.

End User acknowledges that all discussions are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. ExploreTheAttic does not control or endorse the content, messages or information found in any communication, and, therefore, ExploreTheAttic specifically disclaims any liability concerning communications and any actions resulting from End Users’ participation in any communication, including any objectionable content. Generally, any communication which End User posts to ExploreTheAttic is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ExploreTheAttic as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants ExploreTheAttic the right to use such comments, messages or information for any lawful purpose without limitation.

11. License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to ExploreTheAttic a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.

12. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless ExploreTheAttic, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site.

End User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, End User hereby releases ExploreTheAttic from any and all claims of liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other 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.”

13. Termination.

ExploreTheAttic may terminate this Agreement at any time. Without limiting the foregoing, ExploreTheAttic shall have the right to immediately terminate or suspend any passwords or accounts of End User for any or no reason. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.

14. Trademarks.

ExploreTheAttic is a trademark of Chimaera, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ExploreTheAttic are the property of their respective owners.

15. Third-Party Content.

ExploreTheAttic, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ExploreTheAttic does not have editorial control over all content. 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 distributor(s) and not of ExploreTheAttic.

ExploreTheAttic neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ExploreTheAttic by anyone. Under no circumstances will ExploreTheAttic be liable for any loss or damage caused by an End User’s reliance on information obtained through ExploreTheAttic.com. 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 ExploreTheAttic.

ExploreTheAttic contains links to third-party websites maintained by other content providers. These links do not constitute an endorsement by ExploreTheAttic of the contents on such third-party sites, and ExploreTheAttic hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk.

16. Miscellaneous.

This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for ExploreTheAttic established by ExploreTheAttic, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

17. Arbitration.

By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against ExploreTheAttic arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by a third party deemed acceptable by ExploreTheAttic, the arbitrator shall apply Iowa law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law, there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or ExploreTheAttic’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The costs of any arbitration will be paid by End User and End User waives the right to reimbursement of these funds in any form and at any point in time.

II.TERMS OF SALE

All vouchers printed from the Site or any other website associated with ExploreTheAttic (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through ExploreTheAttic to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through ExploreTheAttic, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. You are required to create an account in order to purchase any Voucher.

The Voucher you purchase through ExploreTheAttic is redeemable for goods or services by the Merchant. The Merchant, not ExploreTheAttic, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. ExploreTheAttic sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

1. Terms and Conditions for Restaurant-Specific Vouchers.

For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.

• Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
• Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
• Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
• Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
• Valid for dine in only unless otherwise stated. • The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
• Neither ExploreTheAttic nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
• Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
• Void to the extent prohibited by law.
• If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed.
• All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Merchant. ExploreTheAttic’s sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and ExploreTheAttic has no role in such determination or action on the part of the Merchant.

2. Terms and Conditions for Non-Restaurant Merchant Vouchers

• Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges unless otherwise noted on the voucher.
• Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
• The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
• Neither ExploreTheAttic nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
• Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
• Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
• Void to the extent prohibited by law.
• If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law.

3. Additional Terms and Conditions for All ExploreTheAttic Vouchers.

All Vouchers shall be subject to the terms and conditions of ExploreTheAttic and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.

The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release ExploreTheAttic and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.

According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the ExploreTheAttic, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher’s expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact ExploreTheAttic and explain your situation in writing and ExploreTheAttic will refund the purchase price of the Voucher in credit for purchases of future Vouchers from ExploreTheAttic