Terms and Conditions

PLEASE SCROLL DOWN AND CAREFULLY READ THE MEMBERSHIP AGREEMENT AND TERMS OF USE BELOW. This Membership Agreement and Terms of Use (“Terms”) govern your use of use Nicole’s Savings Advantage Program and Nicole’s Savings Advantage Web Site, www.nicolessavingsadvantage.com (the “Site”). Please read these Terms carefully before using this Site. Your use of this Site constitutes acceptance of these Terms. If you do not agree to these Terms, please do not use this Site. To the extent you have access to, or are using, the Site without having completed our membership registration process, you are hereby notified that all of the Terms herein (except the section labeled "Fees and Payments" and "Renewal") apply to your use and access of the Site.

1. Registration Process:


You may begin the process of becoming a member of Nicole’s Savings Advantage by accurately filling out our registration form online or by registering by mail or phone. You agree to provide accurate and current personal information on your membership application and to notify us if that information changes. It is your responsibility to make sure we always have your current e-mail address. If we do not, we may not be able to pass important information on to you and you will not be able to take advantage of many of the savings and other benefits offered to members. We will also keep you advised of new Nicole’s Savings Advantage functionality and features, or your membership status, via e-mail from time to time, if we have your email address.

2. Membership Services:


Nicole’s Savings Advantage may change the specific services offered to members, from time to time, and has the right to do so without advance notice to members.

3. Payment Information:


Membership fees: You agree to pay the membership fees and any other charges incurred in connection with your member name and ID/password (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges to your designated payment mechanism, which you provided at the point of sign up. Such mechanism may include credit card account, debit card account, or your landline phone account and is subject to the terms and conditions below.

Billing: Membership fees ($14.95/month) will be billed on a monthly basis for the following month’s services.

Automatic Renewal Plan: As a convenience to our members, and to avoid any interruption in benefits, Nicole’s Savings Advantage has implemented an automatic renewal plan. Your membership will renew automatically on a monthly basis at the then current renewal rate unless we have terminated your membership or you have notified us by telephone or by email of your decision to terminate your membership. Your renewal payment will be charged to the payment mechanism your prior membership fee was billed to, or to the payment mechanism currently on file. Purchasing and Billing with Nicole’s Savings Advantage Partners: If you register to receive products or services or purchase from any of our merchant partners, you become their customer and subject to their terms and conditions. Our partners may send you communications based on this relationship with you. For more information, refer to the terms and conditions and privacy policies provided by these partners.

Debit and Bank Card Users: If you use a debit or bank card to sign up for this program, your bank may hold the funds for your first membership month immediately upon your sign-up. Even though you will not be charged until after your trial period, your bank’s policy may result in overdraft fees or charges related to your account balance. Nicole's Savings Advantage is not responsible for any fee or charge that may be assessed to you by your bank.

Cancellation Policy: Once you have obtained your membership, you are able to begin enjoying the partner benefits. Given the nature and high monetary value of the benefits of the program, Nicole’s Savings Advantage has a strict "no return, no refund" policy for the membership term that has already lapsed or is currently in place. To avoid auto-renewal, you may cancel your membership at any time prior to your next member renewal date. All cancellations may be made online at www.NicolesSavingsAdvantage.com or through the telephone, 1-888-779-6757. Nicole’s Savings Advantage reserves the right to cancel your membership at any time, in its sole discretion.

Promotional Offers: From time to time, Nicole's Savings Advantage may offer promotional incentives. Only those members that maintain membership in Nicole's Savings Advantage after their trial period are eligible to receive these promotional incentives. When you remain a member after the trial period, we will confirm your mailing address and subsequently fulfill the promotion.


4. Privacy:


Please review the Site’s Privacy Policy (http://www.nicolessavingsadvantage.com/privacy) which forms a part of this Agreement. The Privacy Policy describes the collection, use, and protection of information about you on the Site and other Services.

5. Member and User Conduct:


We reserve the right to cancel the membership of any objectionable member, at our discretion, without notice.

As a member, you agree to:
  • Take responsibility for all acts that occur with or in relation to your Member ID and password.
  • Maintain the confidentiality of your Member ID and password.
  • Provide only accurate personal information about yourself or your family members.
  • Provide accurate information when registering with us.
  • Comply with all intellectual property and other proprietary rights laws, including but not limited to US Federal copyright and trademark laws, in the use of the program.
  • Follow all local, state, national and international laws and regulations.

You also agree NOT to:
  • Use incognito, fake or fraudulent names when registering or communicating with us.
  • Use your access to Nicole’s Savings Advantage for any commercial purpose or sell memberships without permission from Nicole’s Savings Advantage.
  • Allow any other person or entity to use your Membership ID/password, nor may you transfer it to any other person or entity. All users accessing the Site including members agree to:
  • Republish information found in the Site without first obtaining written permission from Nicole’s Savings Advantage.
  • Use our Site or your membership for any illegal or fraudulent purpose. Use your Membership or the Site to infringe, misappropriate, or violate tour rights or the rights of any third party.

6. Member Warranties and Indemnification of Nicole’s Savings Advantage:


You warrant and represent that:

A. You shall abide by all the terms and conditions of this agreement;

B. You are at least 18 years of age and may use the member site to create binding legal obligations for any liability you may incur as a result of the use of this Site;

C. You will not take any action that would derogate Nicole’s Savings Advantage or its licensors' rights in and to their intellectual property or content; and

D. You will not interfere in the business of Nicole’s Savings Advantage by attempting to divert traffic from the Site. You shall indemnify and hold harmless, and at Nicole’s Savings Advantage’s request defend, Nicole’s Savings Advantage, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, and allocation for in-house counsel, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

7. Other Important Rules:


Nicole’s Savings Advantage reserves the right to modify, suspend or terminate access to the member web Site at any time without notice or refund if you are suspected of violating the Terms of Use. We also reserve the right, if needed, to change your Member ID and password and will notify you of such changes.

Consequences for abusive conduct: In the event you violate this agreement , Nicole’s Savings Advantage has the right to terminate your membership without refunding your member fees. In the event of a serious violation (as solely determined by Nicole’s Savings Advantage) Nicole’s Savings Advantage may also file suit against you for business interference or other appropriate legal actions and we will seek compensation from you for potential damage to our reputation caused by your actions.

8. Content Rights:


This Site (www.NicolesSavingsAdvantage.com), and all of the content of the Site (including the look and feel, organization, and compilation) (collectively, "Content") is protected by intellectual property, trademark and other laws throughout the world, and is the copyrighted property of Nicole’s Savings Advantage and/or its various third party licensors.

You may use that Content only for your personal, non-commercial purposes. None of the content found on this Site may be copied, reproduced, republished, distributed, sold, licensed, transferred, or modified without the express written permission of Nicole’s Savings Advantage.

Your right to use any Content does not permit you to authorize another person to use that Content in any way.

Except as necessary to use our Site as permitted under this Agreement, you may not copy, reproduce, modify, create derivative works from, publicly display, publicly perform, distribute, retransmit, publish, broadcast, sell, or store any Content (or any portion of it) without our express prior permission in each case. You may not remove, alter, hide, or otherwise render unreadable any notice, legend, watermark, or other designation relating to ownership of Content that appears on or with any Content.

You may not use any automated device, computer program, tool, algorithm, process, or methodology (or any manual process of a similar character) to access, acquire, copy, or monitor any Content, or to engage in the mining or other systematic collection of information in our Content. You may not use our Site in any manner that could (in our sole judgment) damage, disable, overburden, impair or interfere with any of our servers or the network(s), or interfere with any other party’s use and enjoyment of our web Site.

You may not frame or display any Content or other feature of our Site on another site or service. You may not use metatags or any other “hidden text” that incorporates any of our marks without its owner’s prior written consent.

Unauthorized use of the Site is a violation of Nicole’s Savings Advantage and its licensors' rights.

In addition, the trademarks, logos and service marks displayed on this site are the property of Nicole’s Savings Advantage, its affiliates, and various third parties. The Site and the software incorporated in the Site may not be reverse engineered, decompiled or disassembled.

9. Disclaimer of Warranties:


THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE.” NEITHER NICOLES SAVINGS ADVANTAGE NOR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, “THE NSA PARTIES”) WARRANTS THAT ANY SERVICE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

ALTHOUGH NICOLES SAVINGS ADVANTAGE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE, IT DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OR CONTENT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. NICOLES SAVINGS ADVANTAGE IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURE TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE NSA PARTIES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION RELATED TO THE SITE AND ITS CONTENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR IN THE COURSE OF DEALING OR USAGE IN TRADE.

THE FUNCTIONS, MATERIALS AND CONTENT OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE SITE AND CONTENT. THE NSA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT (OR ANY MATERIAL ACCESSED VIA LINKS TO OTHER WEB SITES OR SERVICES). NICOLES SAVINGS ADVANTAGE RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON THE SITE OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK. . YOU ASSUME THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE DUE TO THE USE OF THE SITE.

10. Limitations of Liability and Remedies:


YOUR USE OF THE SITE AND THE MEMBERSHIP PROGRAM IS ENTIRELY AT YOUR SOLE RISK. THE NSA PARTIES SHALL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OR NONPERFORMANCE OF THE SITE OR MEMBERSHIP PROGRAM, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF THE DAMAGES OR LOSS COULD HAVE BEEN FORESEEN.

Nicole’s Savings Advantage is not responsible for, and shall have no liability with respect to, the content of third party Web sites that are linked to or from the Site. If Nicole’s Savings Advantage ceases operations, you agree that Nicole’s Savings Advantage and its marketing partners, credit card processors, and credit card associations (Visa, MasterCard, American Express and Discover) shall have no liability, financial or otherwise associated with membership cessation. Your sole and exclusive remedy for any breach of this agreement (other than Nicole’s Savings Advantage ceasing operations, as to which the preceding sentence shall apply) shall be a refund of the fees paid for the term of membership not yet provided.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY COMPETENT AUTHORITY HOLDS ANY LIMITATION OF THE NSA PARTIES’ LIABILITY TO BE UNENFORCEABLE, THEN THAT LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY THE APPLICABLE LAW.

11. Links to Other Sites:


The member Site may contain links to other sites. Nicole’s Savings Advantage does not endorse any other site and is not liable for any loss or damages related to the content, products or services available through those sites. If you have any problems or concerns regarding other sites, please contact their site administrator or Webmaster directly.

12. Changes to Site and Membership Agreement and Terms and Conditions:


Nicole’s Savings Advantage reserves the right to discontinue, delete and change the Content or purposes of the Site from time to time. Nicole’s Savings Advantage also reserves the right to change the Membership Agreement and Terms of Use.

13. Choice of Law and Venue:


This Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of New York, United States of America, applicable to contracts negotiated and fully performed within that State, and the parties agree to submit to the exclusive jurisdiction of the courts of the State of New York in any action brought to enforce or arising out of this Agreement. Notwithstanding the foregoing, Nicole’s Savings Advantage shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Nicole’s Savings Advantage’s sole discretion.

14. Miscellaneous Terms:


No Partnership/Assignment. Our relationship is not one of agency or partnership and you will not be deemed to be a partner, employee, fiduciary, agent or representative of Nicole’s Savings Advantage by your use of the Site or the membership program. You may not assign, sublicense or transfer any right that you may have under this Agreement, including without limitation your membership rights to any third party and any assignment or sublicense is null and void.

Severability. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

No Waiver. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.

Termination of Membership Permitted. The membership granted in this agreement shall terminate automatically without notice from Nicole’s Savings Advantage if you fail to comply with any provision of this agreement. Nicole’s Savings Advantage may terminate a membership at its sole discretion.

Headings of No Effect. The headings in this agreement are used for convenience only and not for interpretation.

Entire Agreement. This agreement is the entire understanding between us regarding your access to, and use of the Site, membership program, and its content, and supersedes any prior agreements, statements or representations with respect to the same.

We make no representation or warranty that any Service or Content is appropriate or available for use in locations outside the United States. If you choose to access or use any Service from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.

We sincerely hope you enjoy your use of the Site and the Nicole’s Savings Advantage program. Please understand that these rules help protect the integrity of the program for all of our members.