TERMS OF USE AGREEMENT
MY FROM NOSE 2 TAIL REWARDS PROGRAM TERMS OF USE
Welcome to the MY FROM NOSE 2 TAIL REWARDS PROGRAM (the "Rewards Program") brought to you by From Nose 2 Tail, Inc. The following sets forth the terms of use ("Terms of Use") of the Rewards Program. By enrolling, participating or otherwise using the Rewards Program you agree to and accept these Terms of Use. If you do not agree to any portion of these Terms of Use, you may not participate in the Rewards Program. Within these Terms of Use, the terms "From Nose 2 Tail", "our", and "we" refer to From Nose 2 Tail, Inc.
I. ELIGIBILITY:Â You must be an individual at least nineteen (19) years of age and a legal resident of the United States to participate in the Rewards Program. The Rewards Program is limited to one (1) membership per person. You may not assign or transfer your Rewards Program membership and any attempt to do so will void your membership. No purchase is necessary to join the Rewards Program. The Rewards Program is intended for individual use only and is void where prohibited by law.
II. ENROLLING IN THE REWARDS PROGRAM:Â You may join the Rewards Program by opening a customer account on Fromnose2tail.com. You will need a valid e-mail address in order to join the Rewards Program and access to the Internet in order to access your customer account. You agree that all information you provide to From Nose 2 Tail in creating a customer account and placing orders for products and services which are eligible for rewards points is truthful and accurate. You are solely responsible for all activities that occur under your customer account, including, but not limited to, maintaining the confidentiality of your account information and security of your computer or other device by which you access Fromnose2tail.com and your customer account. You should notify From Nose 2 Tail immediately if you determine or suspect that your customer account was used without your authorization. We reserve the right to terminate any account or refuse service to any account if we determine or suspect that the customer account is being used in violation of these Terms of Use.
III. EARNING REWARDS POINTS:Â Members will earn a specified number of rewards points for each $1.00 spent on a qualifying purchase at Fromnose2tail.com. From Nose 2 Tail reserves the right to restrict and limit, for any reason, the products and merchandise eligible for the earning and redemption of rewards points. You must be logged in to, and make a qualifying purchase under, your customer account to earn rewards points. Points are awarded solely on the net purchase dollar amount (i.e., all merchandise purchases less any returns), and after any coupons or discounts are applied. No points will be awarded for any local, state or federal tax, or for any shipping and handling costs. No points will be awarded for PayPal or Bill Me Later payment methods. You remain solely responsible and liable for all applicable local, state and federal taxes on your purchases through Fromnose2tail.com or through your participation in the Rewards Program. If you make a purchase using rewards points, a merchandise credit, promotional discount or gift certificate, you will earn additional rewards points, only where eligible, on the portion of the purchase amount that exceeds the value of the rewards points, merchandise credit, promotions discount or gift certificate. During select promotional periods, you may qualify to receive additional points on qualifying purchases. Any confirmed or pending purchase made prior to your enrollment in the Rewards Program is not eligible for rewards points.
IV. REDEEMING REWARDS POINTS:Â From Nose 2 Tail will post all earned rewards points to your customer account within a reasonable amount of time after the confirmed shipment of your qualifying purchase. You may use your rewards points toward the purchase of other eligible products and merchandise from From Nose 2 Tail. Redeemed points will be applied to the highest dollar amount items first and continue to be redeemed so forth. Members may not aggregate Rewards points from multiple accounts or use Rewards points for the purpose of purchasing products on the behalf of others or for the purpose of reselling such products to others.
V. LIMITATIONS AND EXCLUSIONS:Â Rewards points are not legal tender, have no cash or other monetary value, are non-negotiable, are not redeemable for cash and are nonrefundable. You may not transfer or assign rewards points. Rewards points may be used only toward the purchase of other qualifying products and merchandise from From Nose 2 Tail. When redeeming rewards points, the value of the purchase must be equal to or greater the number of rewards points being redeemed. Where the value of the purchase is greater than the number of rewards points being redeemed, you may combine rewards points with a credit card to complete the purchase but rewards points cannot be combined with any other method of payment, including, but not limited to, payment via PayPal and Bill Me Later. You may not use rewards points to pay any applicable local, state or federal tax or costs related to shipping and handling. Members will not receive cash back on any unused rewards points. You may not use rewards points on any pending or prior purchase. Points are redeemable only on eligible products and merchandise from From Nose 2 Tail and may not be used to purchase products or services from any other site. Unless otherwise stated in the specific terms and conditions of an applicable promotional period, all rewards points will expire six (6) months from the date of issuance.
VI. RETURNS:Â You will be given credit for authorized returns by way of the same method of payment that you used to make your purchase (rewards points, credit card, PayPal and Bill Me Later). By way of example, if you make an authorized return for a purchase you made using rewards points and a credit card in combination, From Nose 2 Tail will issue a credit to your customer account of the applicable number of rewards points first, before issuing any additional and applicable credit to a credit card. Where you make a purchase that earns rewards points but the rewards points are not spent, From Nose 2 Tail will remove the rewards points from your customer account when the applicable item is returned. Where you make a return of a purchase that earns rewards points and you spend those rewards points on another purchase, From Nose 2 Tail will deduct the applicable number of rewards points from the total available points in your customer account. If you do not have the available points, the deduction will come out of the return amount to cover the points balance.
VII. FEEDBACK:Â From Nose 2 Tail may provide you with the opportunity to give, post or provide review, comments, feedback, ideas or other suggestions, in any form (collectively, "Feedback"), in regard to your use of the Rewards Program. You hereby grant From Nose 2 Tail an irrevocable, worldwide, royalty-free, transferable license and right to use your Feedback. Without limiting the generality of the foregoing, you acknowledge and agree that you grant From Nose 2 Tail the license and right to use any and all Feedback in any manner whatsoever, in its sole and absolute discretion, including, without limitation, the license and right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works related to, sell and/or distribute any and all Feedback and/or incorporate any and all Feedback into any form, medium or technology throughout the world without restriction and without compensating you in any way. You grant From Nose 2 Tail the right to use the name that you submit in connection with any Feedback. In addition to the other restrictions on your participation in the Rewards Program, you agree not to use false or misleading information, including using a false e-mail address, impersonating any person or entity, or otherwise misleading as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify, defend and hold harmless From Nose 2 Tail for all claims resulting from or arising out of any Feedback you submit. From Nose 2 Tail takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.
VIII. ADDITIONAL TERMS:
A. Rewards Program Changes: We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice. Such changes will become effective and binding immediately upon posting to these Terms of Use and you will be deemed to have accepted such changes by your continued use of this Rewards Program and/or the purchase of any products or services through From Nose 2 Tail.
B. Privacy Policy: We respect your privacy and take it seriously. Please review our Privacy Policy, which also governs your visit to the Fromnose2tail.com site, to understand our practices.
C. Prohibited Acts: You represent and agree that you will not use this Rewards Program, or allow anyone to use this Rewards Program, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner that could damage, disable, overburden or otherwise impair the ability of From Nose 2 Tail to make this Rewards Program available to other users or to interfere with the use and enjoyment of this Rewards Program by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware or malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of From Nose 2 Tail, any other users or any third party, or (g) to engage in any conduct that could expose From Nose 2 Tail to civil or criminal liability.
D. Copyright and Trademark Notice: This Rewards Program and its contents may be used only for your personal use. Unless otherwise noted, all content for this Rewards Program, including text, graphics, images, logos and software, is the property of From Nose 2 Tail or its third party content providers and is protected under United States and international copyright laws. You may display, copy, download and print hard copy portions of content appearing on From Nose 2 Tail solely for your own noncommercial use, or to place orders to purchase products or services from From Nose 2 Tail. Except for such expressly permitted uses of content appearing on From Nose 2 Tail, you may not modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, disassemble, perform, reproduce, create derivative works from, or in any way exploit any content appearing on From Nose 2 Tail, in whole or in part. Any unauthorized use of any content appearing on From Nose 2 Tail may violate copyright, trademark and other laws and could result in criminal or civil penalties. You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on From Nose 2 Tail. You may not use any meta tags or any other hidden text utilizing any trademarks used or owned by From Nose 2 Tail without our express written consent.
E. Disclaimer: FROM NOSE 2 TAIL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATED TO THESE TERMS OF USE, THE REWARDS PROGRAM, INCLUDING YOUR MEMBERSHIP IN THE REWARDS PROGRAM, AND ANY PRODUCTS AND SERVICES RELATED TO THE REWARDS PROGRAM.
F. Limitation of Liability: YOU HEREBY AGREE TO RELEASE FROM NOSE 2 TAIL, INC. AND ITS AFFILIATES, INCLUDING ALL OF THEIR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR LIABILITIES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND FOR ANY AND ALL DAMAGES, INCLUDING DIRECT OR ACTUAL DAMAGES, LOST PROFITS, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER RELATED FEES OR EXPENSES (INCLUDING ATTORNEYS' FEES) RELATING TO THESE TERMS OF USE, YOUR MEMBERSHIP IN THE REWARDS PROGRAM OR YOUR USE OF THE REWARDS PROGRAM.
G. Communications and Compliance: By enrolling in the Rewards Program, you agree to receive communications from From Nose 2 Tail electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These Terms of Use are subject to all other applicable From Nose 2 Tail policies. From Nose 2 Tail reserves the right to update, modify, change or amend its policies from time to time without notice to you. From Nose 2 Tail will post any new or revised policies on its website and, by continuing to use the Rewards Program, you hereby agree to accept and comply with all present and future From Nose 2 Tail policies.
H. Choice of Law and Venue: These Terms of Use are construed and enforced in accordance with the laws of the State of Nebraska without regard to its conflict-of-laws provisions. You agree and submit to the state and federal courts of Douglas County, Nebraska as the exclusive forum and venue for any dispute, action or suit arising from these Terms of Use or the Rewards Program. You hereby acknowledge and agree that you will not raise, and hereby waive, any defenses based upon venue, inconvenience of forum or lack of personal jurisdiction in any action or suit brought in accordance with this section.