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Niemann Foods, Inc. Maxcardmall Terms and Conditions

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Niemann Foods, Inc. Maxcardmall Terms and Conditions NIEMANN FOODS, INC. MAXCARDMALL TERMS AND CONDITIONS Please read these Terms and Conditions (the "Agreement") carefully before entering in the Mall program. These terms and conditions constitute the agreement between you, on the one hand, and we and this Rewards site ("we" or "us"), on the other hand, governing membership in the Program (the "Terms and Conditions") and it is your responsibility to read and understand the Terms and Conditions before accepting. By enrolling as a member in the Program (a "Member") you agree to be bound by the Terms and Conditions. Participation in the Program is at the discretion of all parties. MaxCardMall.com, Inc. powers and operates this Mall website and program (the "Program") enabling members of this Rewards Program to earn Rewards points ("Points") for qualifying purchases made through this Mall website and at participating in-store merchants. The Program and Rewards are made available strictly on an "as is" and "as available" basis. We make no warranties, express or implied, that the Program will be uninterrupted or error-free. DISCLAIMERS You agree and acknowledge that we have no control over and are not responsible for the content of, or claims made on, the websites of participating or direct merchants. The terms, conditions, warranties and representations associated with any transactions between you and a participating or direct merchant of the Program are solely between you and the merchant. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, CONDITIONS OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR ALL IMPLIED WARRANTIES AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A DEALING OR USAGE OF TRADE REGARDING THE SERVICES, MATERIALS, OR GOODS, ADVERTISED, PROMOTED, SOLD OR OTHERWISE MADE AVAILABLE THROUGH A MERCHANT PARTICIPATING IN THE PROGRAM EITHER DIRECTLY OR INDIRECTLY. YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM AND PURCHASE OF GOODS OR SERVICES FROM A MERCHANT ARE AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, OFFICERS, EMPLOYEES, OR CONTRACTORS WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING ANTICIPATED REVENUE, SAVINGS OR GOODWILL, LOSS OF PROFITS, LOSS OF REVENUE OR OTHER ECONOMIC LOSS, ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH AN EVENT. Please refer to each Merchant's website for all terms and conditions relating to the merchant transaction, including but not limited to, guarantees, warranties, payment terms, shipping, delivery, taxes, return policies and processing of returns. We make no warranties and disclaim responsibility for fulfillment of the transaction between you and a participating or direct merchant. We will make reasonable efforts to respond to any inquiries made by you within 30 days. You acknowledge and understand that we may audit all transactions initiated via the Mall website to verify that transactions were completed, have not been canceled and qualify for an reward as outlined in this Agreement. You understand and acknowledge that if we suspect fraud, that we may investigate and report any evidence, including personally identifiable information to law enforcement and other governmental or judicial authorities. We, at our sole discretion, may suspend and/or cancel a Member's account or login, or deny access to the links to participating merchants with or without cause at any time. ACCRUAL OF REWARD POINTS We will award Rewards points for qualifying purchases through participating merchants through the Mall website and/or at participating in-store merchants. We are not responsible for purchases made through a direct merchant as identified within the Mall website if the purchase was not made through the Mall. All qualifying purchases will accrue Points per the points-earning schedule displayed for each merchant. Members should read each point offer carefully as certain exclusions may apply. Purchases by customers with a billing address outside the United States, or which involve shipment of items outside of the United States, may not qualify for Point awards. Points offer not valid with any other offer unless expressly stated and permitted by the Merchant. Points shall be awarded only on the net purchase amount, which is reported by the participating merchant (less any taxes and/or shipping charges). Rewards shall be posted to the Rewards members account no sooner than 45 days from the date of shipment. We reserve the right to reverse any Points awarded to a Member without limitation; (i) upon notification by a participating merchant of the Member's failure to fulfill the requirements of a qualifying purchase, (ii) return; in whole or in part, any goods or service previously the subject of a qualifying purchase, or (iii) if you make a purchase at a participating merchant with the intent to defraud. We will use reasonable efforts to respond to any inquiries made by you within 30 days. We are not responsible for changes to, or discontinuance of, this Rewards program. Neither We are not responsible for changes to, or discontinuance of, any Merchant, any Merchant's withdrawal from the program, or for any effect on accrual of awards caused by such changes. We are also not responsible for changes to, or discontinuance of, any special offer or coupon at a Merchant's website. It is the Member's responsibility to make sure that all Merchant offers are valid and that awards for special offers are posted to the Member's account. If a participating merchant files for bankruptcy or is unable to pay for an award, we will take the following steps: 1. The merchant will be removed from the web site; 2. Any awards that are unpaid by merchant will be suspended indefinitely and Members will not receive Points for their purchases; 3. In the future, if the merchant or subsequent operating entity pays for the suspended award, it will be released and posted. Awards that have already posted to your account will not be reversed in the case of bankruptcy. MAXCARDMALL.COM RESERVES THE RIGHT TO MODIFY ANY OFFER AT ANY TIME WITHOUT NOTICE. QUALIFYING PURCHASES As a Member in the Mall program there are certain requirements expected of you in the usage of the web site and in the performance of your obligations as a Member. In order for us to award Rewards Points a Member must follow certain guidelines to create a qualifying transaction. You must: - Be logged into the Program website; - You must use only valid links within the Program website to enter a participating merchants website; and - You must complete your transaction within any session generated when clicking a valid link. We cannot award Rewards for any purchase made through a secondary merchant within a participating merchant's website. If in doubt about whether or not you are in a valid session you should reenter the Mall website and then click on the "shop now" link for the merchant that you wish to shop at directly from within the Program website, and then complete your transaction. REDEMPTION You must have a valid NFI County Market Max Card to redeem your rewards. PROGRAM TERMINATION We reserve the right to cancel or change the Mall program at any time without notice. We may endeavor, but will not be obligated, to notify you of changes or cancellation but disclaim responsibility for failure to do so or any errors in attempting to contact you. THE DATA WE COLLECT The information we collect (name, email address, and physical address) is used to track, promote and send Points/Rewards to members and/or sponsors. Additionally, we may use information on the stores you visit or the offers you view on MaxCardMall.com to select special offers that will be relevant to you. We do not share that information with our store partners or other third parties. YOUR PERSONAL INFORMATION We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site or to protect MaxCardMall.com and its members from losses. HOW WE KEEP YOUR INFORMATION SECURE The security of your personal information is important to MaxCardMall.com. MaxCardMall.com uses a secure, encrypted connection (called an SSL connection) on all pages where you access or transmit personal information. YOUR PRIVACY WITH MAXCARDMALL.COM MaxCardMall.com will never ask for your username, password or any other personal information in an unsolicited phone call, email or letter. Further, any contact with MaxCardMall.com customer service in which personal information is exchanged with a customer service representative will be used only for the purpose of satisfying your request. Any personal information you provide will not be recorded or used for any reason beyond that of the stated request. If you choose to use our referral program to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. MaxCardMall.com stores this information for the sole purpose of sending this one-time email and tracking the referral your credits. Your friend may contact us at [email protected] to request that we remove this information from our database. EMAIL POLICIES MaxCardMall.com sends customer service emails required to maintain the MaxCardMall.com program (like Point credits & payment notifications); and promotional emails featuring special offers. You may choose not to receive promotional emails at any time from My MaxCardMall.com or by clicking the "unsubscribe" link in an email. We specifically prohibit spamming by our members and we explicitly prohibit it in our Terms & Conditions.
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