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Please Read Terms and Conditions Below. TERMS AND CONDITIONS Please read these Terms and Conditions (the "Agreement") carefully before enrolling 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. Enrollment is defined as providing the Mall program with your first and last name and email address and making a qualified purchase. Participation in the Program is at the discretion of all parties. Cashback Mall 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 a 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 REWARDS 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 are we 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. PLI 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. - The Mall issued Discover Debit Card must be used for In-store purchases from participating merchants to qualify for Rewards. 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. 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. MISCELLANEOUS We are not responsible for your inability to connect to the Internet, access the Mall website or access a participating merchant's website. Points accrued via the Mall Program are non-transferable. Any violation of the aforementioned Terms and Conditions may cause the Member's account to be cancelled and any or all points pending or awarded may be forfeited. All Rewards earned in the program shall remain valid for a period of 2 years. Each purchase in the Mall shall extend the validation an additional two years from the date of that transaction. COPYRIGHT The design, content and subject of this website are copyright © 2011 The Mall Dollars.
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