Terms of Use
Website Terms and Conditions
Neon Marketplace (“Neon Marketplace”) is dedicated to providing the modern traveler with helpful amenities and a variety of gourmet foods through convenience centers located in underserved areas with growing populations. Neon Marketplace also offers premium-quality fuels and, in many locations, the most technologically advanced self-service exterior vehicle washing experience available in the industry today. Neon Marketplace is a proprietary brand of Procaccianti Companies, one of the nation’s leading private real estate investment and services firms with more than six decades of experience owning and operating retail, hospitality, commercial and other forms of investment real estate.
1. Acceptance of Terms of Use
These Terms of Use (the “Terms”), which includes our accompanying Privacy Policy, govern your use of our websites (including https://www.neonmkts.com) and any mobile application, rewards card, key fob or other online or offline services we offer (collectively, the “Services”). This includes any electronic content, functionality, features, and applications provided through the Services (collectively, “Materials”).
Please read these Terms and our Privacy Policy carefully before you start to use our Services. By registering a user account with us or using the Services, you acknowledge that you have read, understood, and agree to be bound and abide by our posted Terms of Use and Privacy Policy. If you do not agree to both the Terms of Use and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. PLEASE SEE SECTIONS 12-14 OF OUR TERMS REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and by using the Services after the posting of a modification, you accept the modification. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms. Note that if you have a business relationship with us, the contractual terms of that relationship will control in the event of any conflict.
2. Your Responsibilities
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any Services we provide to you through the account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of others, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. All information you provide or provided to us upon registration and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password for the Services (if any) secret and secure. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Please exercise common sense and your best judgment when interacting with others, including when you submit or post User Content (described below) or any personal or other information.
If we provide the ability to make purchases through the Services the following terms apply: (1) We make reasonable efforts to accurately display the colors, features, specifications, and details of the products available through the Services, but do not guarantee that such attributes as presented will be accurate, complete, reliable, current, free of errors, or that your electronic display will accurately reflect the actual colors and details of such products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change at any time. (1) You agree to provide current, complete, and accurate payment information for all purchases made through the Services, so that we can complete your transactions and contact you as needed. Sales tax and shipping fees may be added to the purchase price, where applicable. All payments must be in U.S. dollars. (2) You agree to pay all charges at the prices then in effect for your purchases (and any applicable sales tax and shipping fees), and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (3) We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or in violation of any of our Terms.
3. Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human-readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials, or retrieve or record information about the Services or its users; (d) merge the Services or Materials with other materials or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes.
4. User Content
The Services may permit you to post, submit, publish, display, or transmit certain materials, such as a product rating or review (hereinafter, “post”) through our Services (collectively, “User Content”). You agree, represent, and warrant that any User Content that you provide to us is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. Neon Marketplace does not want you to, and you should not, send any confidential or proprietary User Content to us through the Services unless specifically requested or in circumstances where we indicate it will be kept confidentially within an Account or group of associated Accounts (e.g., for a particular organization).
Except as may be otherwise agreed-upon between you and us in writing, by submitting User Content through the Services, you grant us (or warrant that the owner of such User Content has granted to us) a non-exclusive fully-paid and royalty-free, transferable, sub-licensable, perpetual, irrevocable, and unrestricted worldwide right and license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise disclose to others such User Content (in whole or in part) as reasonably necessary to provide the Services; and (ii) subject to our Privacy Policy, use your name, or username, in connection with your User Content. You also agree that we are free to use any feedback, corrections, ideas, concepts, know-how, or techniques that you provide to us (collectively, “Feedback”) for any purpose and you waive all rights therein. PLEASE DO NOT SEND US ANY FEEDBACK THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE.
You represent and warrant that: (i) all of your User Content complies with these Terms; (ii) you own or control all necessary rights and consents to the User Content provided by you through the Services; (iii) you will pay for all royalties, fees, and any other monies owed in connection with User Content you provided through the Services; (iv) you understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not us, have full responsibility for it, including its legality, reliability, accuracy, and appropriateness; and (v) we are not responsible or liable to any third party for the privacy, content or accuracy of any User Content posted by you or any other user of the Services. We are not a backup service and you agree that you will not rely on the Services for the purposes of storing User Content. Except as otherwise set out in the Privacy Policy, we have no obligation to retain or provide you with copies of your User Content. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
5. Privacy Policy
Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.
6. Rewards Program
If you enroll in the Neon Marketplace rewards program, your participation will be governed by our Neon Marketplace rewards Program Terms And Conditions, which will supersede these Terms in the event of any conflict.
7. Reporting Copyright Infringement and Other Violations with Respect to Services
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement or any other issues, please notify us via the contact information provided at the end of these Terms.
8. Our Intellectual Property Rights
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with this Terms of Use and our Privacy Policy. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third-party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Except as expressly provided herein, we and our licensors reserve all rights with respect to the Services and Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights. We may also disable any social media features and any links at any time without notice in our sole discretion.
Trademarks and service marks that may be referred to in the Services are the property of Neon Marketplace or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The names and logos used by Neon Marketplace may not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission. You are not authorized to use our logo as a hyperlink to the Services unless you obtain our written permission in advance, although we permit you to use certain designated features of the Services to use our logo as a hyperlink for designated purposes.
9. Materials
We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. The Services may be supported by sponsors or advertising revenue and may display sponsors, advertisements and promotions, and you agree that we may place such notices through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such notices are subject to change and you acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
10. Links in the Services
The Services may contain links to third-party sites. Access to any other website or service referenced in the Services is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on other sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation or approval. The content, accuracy, opinions expressed and other links provided by linked sites are not investigated, verified, monitored or endorsed by us. If you decide to visit, or transact business at any linked site, you do so at your own risk and it is your responsibility to take all protective measures. The third-party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
11. Linking to our Services
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
12. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
The provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by applicable law. We reserve all rights, defenses and permissible limitations under applicable law.
13. Indemnification
You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold Neon Marketplace, and its owners, affiliates, officers, directors, agents and employees, contributors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with your of the Services; or (iii) User Content or other information that you provided to Neon Marketplace through the Services.
14. Governing Law; Arbitration and Class Action Waiver
THE LAWS OF THE STATE OF RHODE ISLAND WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS OF RHODE ISLAND IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding claims for injunctive or other equitable relief, for claims related to the Services, any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in the state of Rhode Island or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
15. Services Controlled from the United States
Our Services are operated from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
16. Entire Agreement; Severability
You acknowledge that you have read and understood and agree to be bound by these Terms. You further agree that these Terms, together with our posted Privacy Policy, which is incorporated into these Terms by reference, constitute the complete and exclusive statement of the agreement between you and Neon Marketplace, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Neon Marketplace as a result of these Terms or your use of the Services.
17. Contact Information
If you have any questions, concerns or comments about these Terms or our Services, please contact us at 1140 Reservoir Avenue, Cranston, RI 02920 or via email at info@neonmkts.com.
These Terms were last updated July 27, 2022.
