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Gift Certificate Terms and Agreement

NewHampshire.com has a limited inventory, and gift certificates and other items will be sold on a first come, first serve basis. In the event that an item purchased is not available, you will be notified and your payment will be refunded, via a credit to your credit card. NewHampshire.com is not responsible if a restaurant or other business puts restrictions on any gift certificate or other item that we sell. NewHampshire.com is not responsible if a restaurant or other business should change ownership or go out of business, resulting in gift certificates becoming unredeemable. NewHampshire.com will provide no refunds, other than as explicitly stated above. All sales are final.

Gift certificates are provided ''AS IS'', ''WITH ALL FAULTS'' AND ''AS AVAILABLE.'' NEWHAMSPHIRE.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THEM. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT GOODS OR SERVICES OBTAINED THROUGH THE USE OF GIFT CERTIFICATES SOLD ON THIS SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SUCH GOODS OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR AT ALL.

NEWHAMPSHIRE.COM AND ITS PARENT COMPANY, UNION LEADER CORPORATION, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR PURCHASE OR USE OF GIFT CERTIFICATES OR OTHER ITEMS THROUGH THIS SITE.

You agree to defend, indemnify, and hold Union Leader Corporation and NewHampshire.com, their officers, directors, employees, and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms and Conditions, of the terms and conditions of our User Agreement, and Privacy Policy.

The law of the State of New Hampshire governs any claim or dispute that you may claim to have against Union Leader Corporation and/or NewHampshire.com, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against Union Leader Corporation and/or NewHampshire.com will be exclusively resolved by a court located in Hillsborough County, New Hampshire. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST UNION LEADER CORPORATION AND/OR NEWHAMPSHIRE.COM BASED ON THE LAWS OF ANY OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE COURT IN THE STATE OF NEW HAMPSHIRE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH UNION LEADER CORPORATION AND/OR NEWHAMPSHIRE.COM; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN NEW HAMSPHIRE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Your continued use of NewHampshire.com constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

Extra Note:
Have you ever discovered a long lost gift certificate, one that had been buried in a drawer or at the bottom of a "to-do" pile of paperwork? Did you get excited about the prospect of cashing it in only to discover that it had expired? Don't toss the gift certificate away quite yet because you still may be able to use it. In New Hampshire, a gift certificate of less than $100 value cannot have an expiration date.

If the business tries to tell you that you cannot use your gift certificate (that is worth less than $100) because it has expired, politely tell them that such expiration dates are illegal in New Hampshire. The business should be willing to oblige you since most businesses care about their community images. If the business won't accept your "old" gift certificate, you can take the business to Small Claims Court. By showing the court that the business violated the law by putting an expiration date on the gift certificate with a value of less than $100, you may be entitled to your actual damages or $1000, whichever is more.

Gift certificates of $100 or more expire when they become abandoned property, currently after 5 years. If this type of large value gift certificate goes unused for more than 5 years, the business is required to turn that money over to the State as "abandoned property." The Abandoned Property Division of the NH Treasury Department lists the names of anyone with abandoned property on its Internet site, and in occasional newspaper ads. Anyone whose name appears on the list can contact the Abandoned Property Division to have his or her money returned (as a check, not as a gift certificate). You can call the Abandoned Property Division at 1-800-791-0920 (toll-free) or 271-2619, or access the abandoned property list through the New Hampshire homepage at http://www.nh.gov/treasury/Divisions/AP/APindex.htm.

NOTE: This law does not apply to season passes or non-refundable coupons. This law does not apply to gift certificates:

  • For which you did not pay (or the person who gave it to you did not pay),
  • or
  • Given to you by a business for promotional purposes
  • .