Welcome, and thank you for being part of Merryfield, PBC (“Merryfield”).
We can change these Terms of Service from time to time; if we do, we will change the “Last Updated” date at the top. The current version of these Terms of Service is always available on our website and through our mobile application (the “App”).
As used in these Terms of Service, "you" means you, the user of the functions and features (“Services”) Merryfield makes available through its App, website, social media platform, or other channels. "We” means Merryfield, PBC, a Delaware Public Benefit Corporation.
THESE TERMS OF SERVICE PROVIDE FOR MANDATORY ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. IT IS IMPORTANT THAT YOU READ THE ENTIRE DISPUTE RESOLUTION PROVISION CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE.
1. Description of the Services
The Merryfield Services provide a brand rewards platform that enables product discovery. We identify brand manufacturers in the grocery, household, personal care, and other categories. The brands we select meet our Quality Standards, which you can read about in the App or on our website. You should check back from time to time: we will update our Quality Standards as we learn and grow.
You earn “Points” on the Merryfield platform when you complete “Offers.” The terms of each Offer will be shown in the App and may include activities like purchasing Products, taking surveys, and entering referral codes. There may also be a time period within which the Offer must be completed, called an “Offer Period.” We may withdraw an Offer at any time, although we will try to prioritize Users who have already activated the Offer if we terminate it early. We may set limits on the number of Points you can earn during a specified time period. If we do that, we will disclose the limits in the App.
If an Offer requires that you purchase a Product, you must provide us with a valid receipt from the retailer clearly identifying the purchase of the qualifying Product within the Offer Period. You can provide the receipt either by uploading a picture of a paper receipt from the retailer’s point of sale device or by linking your online account with the retailer to your Merryfield account. If you upload a picture of a receipt, you are certifying that you have the original receipt and that the receipt has not been submitted previously and will not be submitted again as evidence of the purchase of the same Product. We will give you credit for the net value of the purchase, after subtracting taxes, fees, discounts or credits, and returns. The purchase must have been made in the United States (including Puerto Rico and the U.S. Virgin Islands) after you opened your Merryfield account and activated the Offer.
Receipt scanning technology is not always accurate. If an item listed on a copy of a receipt you uploaded is improperly identified, either by product name, size, or price, please follow instructions in the App to resolve the inaccuracy. If you cannot resolve the inaccuracy, you may contact our support team at firstname.lastname@example.org. The Merryfield support team will try to assist you, but we are not responsible if the receipt cannot be corrected for any reason.
If you link an online retailer account to your Merryfield account, we will automatically capture transactions in your retailer account that qualify for Merryfield rewards so you won’t have to submit receipts manually. You still need to activate Offers in which you are interested and you should monitor your Merryfield account to make sure we captured your qualifying purchases.
The brand manufacturers participating in our program may change from time to time. Check the App frequently for our current brands.
Once your Points balance reaches the minimum amount required as shown in the App, you can redeem your Points for “Rewards.” The Rewards may change at any time; available Rewards will be shown in the App. Points have no cash value and cannot be redeemed for cash.
Available Rewards may include merchant gift cards. The merchants are not sponsors of the rewards or otherwise affiliated with Merryfield. Any logos and other identifying marks on the gift cards are trademarks of and owned or licensed by the merchant. Please visit each merchant’s website for gift card terms and conditions.
Some Rewards you receive may qualify as taxable income to you. We will report the value of your Rewards to the Internal Revenue Service and to state and local tax authorities when the law requires us to do so. You are responsible for paying any federal, state, or local taxes directly to the tax authorities. If you have other questions about your tax liability, please consult your tax advisor.
Although we evaluate the brands and their products rigorously, it’s up to you to decide whether the products are right for you: we don’t guarantee how they will perform.
We rely on the manufacturers of the Products to provide us with information about the Products and their ingredients. If you have allergies or any health risks, we recommend you obtain independent verification of all product information and consult your healthcare professional for medical and health advice.
2. Accessing the Services
You can access Merryfield Services through our website (www.merryfield.com) or the App. So long as you comply with these Terms of Service, we grant you a limited, non-exclusive right to access and use the App and the Services for your personal use. You may not use the Services for any commercial purpose, authorize anyone else to use the Services, or copy or modify the Services. You may not submit receipts for Products you purchased for someone else in the course of your employment. You must comply with all applicable laws while using the Services.
When you sign up for an account you will also be asked to select a password. You agree to keep your password confidential. You are responsible for all uses of the Services by anyone who accesses the Services using your password. If you believe someone else may have learned your password, you should change the password in our system immediately or contact us at email@example.com.
You agree not to take any action that interferes with the proper working of the Services, compromises the security of the Services, or otherwise damages or impairs the Services, any materials or information available through the Services, our systems, or our networks. You also agree not to attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, or to any of our servers by hacking, password mining, or any other unauthorized means.
3. Mobile Services
Merryfield offers the App as a convenient way for our members to use the Services. If you access the Services through the App, your wireless service carrier's standard charges, data rates, and other fees may apply. The App may not work with all carriers or devices. You may not associate more than one Merryfield account with one mobile device.
As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages ("Messages"). You can control most types of Messages you receive through the settings on your device or through your Merryfield account. You can also use the “unsubscribe” link to unsubscribe from our emails or reply “STOP” to a text message to stop future texts. You cannot opt out of receiving transactional Messages, which are Messages about specific transactions you initiate as part of the Services.
5. Eligibility to use Merryfield
The Services are offered and available only to individuals located in the United States, including its territories, who are 13 years of age or older, who are not listed on any U.S. Government list of prohibited or restricted parties (such as the Specially Designated Nationals list published by the U.S. Treasury Department’s Office of Foreign Assets Control or the Denied Persons List published by the U.S. Department of Commerce), and who have not been suspended or otherwise prohibited from using the Services by Merryfield. By accessing or using the Service, you certify that you meet these eligibility requirements.
If you are not eligible for any reason or do not agree to all of the Terms of Service, then do not use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and we may change eligibility criteria at any time.
6. Location Data
Some features of the Services enable us to tailor your experience on the Merryfield platform based on your location. You may decline to provide your location information. If you decline to provide location information or if we cannot verify your location, you may be unable to use some or all features of the Services.
7. User Content
You may be able to submit “User Content,” such as messages, reviews, photos, images, folders, data, and text, in the App or on Merryfield’s website. Messages, reviews, or other content you email to us or post on social media sites also qualifies as “User Content.” You agree not to submit User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise objectionable or injurious to third parties. You agree not to submit User Content that contains or consists of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree not to use a false e-mail address or impersonate any person or entity.
With respect to any User Content from you, you grant Merryfield a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant Merryfield the right to use the name that you submit in connection with such User Content, if it chooses to do so. You certify that you own or otherwise control all of the rights to your User Content; that such User Content is accurate; that use of such User Content does not violate the policy reflected in this Section 7 and will not cause injury to any person or entity; and that you will indemnify Merryfield for all claims resulting from any of your User Content. Merryfield has the right but not the obligation to monitor and edit or remove any User Content you submit. Merryfield takes no responsibility and assumes no liability for any User Content submitted by you or any third party.
8. Fraudulent Activity
Any form of fraudulent activity violates these Terms of Service. Fraudulent activity includes but is not limited to creating fake or misleading receipts or fake accounts or submitting receipts for Products you did not purchase, purchased for someone else in the course of your employment, have returned, or intend to return. We may suspend your account or delay awarding or redeeming Points or Rewards if we suspect there may be fraudulent activity affecting your account.
If Merryfield determines that you have violated these Terms of Service, we may take any action we deem appropriate, including suspending, terminating, closing, or otherwise rendering inaccessible your account and any pending, current, or future Points balance, effective immediately. You may dispute our action by contacting Merryfield support at firstname.lastname@example.org within thirty days of our action, but Merryfield’s decision regarding any such dispute will be final.
If your account has been terminated or suspended, you may not register another account or use the Services in any other way.
We deduct Points from inactive accounts due to the costs associated with the creation and maintenance of a Merryfield account. An account is considered to be “inactive” if you do not use your account to perform at least one of the following activities during any 6-month period: (1) submit receipts or (2) redeem Points for a Reward. Thirty (30) days before your account becomes inactive, Merryfield will send an inactive account warning notice to the email address you provided in your Registration Data. If your account becomes inactive, Merryfield will deduct 2,500 Points from your account each month (“Inactive Account Deductions”) until (i) you reactivate the account or (ii) your Points balance is zero. Inactive Account Deductions are nonrefundable. If your account remains inactive after the Points balance has been reduced to zero, Merryfield may close your account.
11. Cancellation and Termination
You may cancel your account at any time by contacting us at email@example.com. You may also discontinue use of the App and allow your account to become inactive, as described in Section 10, above. If you have a Points balance above the minimum distribution amount, you should redeem your Points before cancelling your account or allowing it to become inactive. Any Points not redeemed prior to cancellation will expire upon cancellation.
12. Disclaimer of Warranties.
YOUR USE OF THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITE AND MOBILE APP IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. A RISK EXISTS THAT A COMPUTER VIRUS HAS NOT BEEN EXCLUDED. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APP, OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
13. Limitation of Liability.
IN NO EVENT WILL EITHER PARTY (INCLUDING THEIR AFFILIATES, EMPLOYEES, OR AGENTS) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Linking and Third-Party Websites
15. Applicable Law
These Terms of Service are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions.
16. Dispute Resolution and Arbitration
We expect that our customer service team will be able to resolve most issues you may have using the Services. You can contact our customer service team at firstname.lastname@example.org. In the unlikely event that a dispute arises that is not resolved by our customer service team, you and we agree to the dispute resolution process described in this Section.
In an attempt to find the quickest and most efficient resolution of any disputes, you and we agree to first discuss the issue informally for at least 30 days. To start that process, please send your full name, your email and/or mailing address, your concern, and your proposed solution by certified mail, return receipt requested, to us at:
177 Huntington Ave, Suite 1703
Boston, MA 02115-3153
Attn: Legal Department
If an issue has not been resolved by such discussions within thirty (30) days after we received your letter and is within the jurisdiction of the small claims court, either of us may seek relief in small claims court. If an issue is not within the jurisdiction of the small claims court, either of us may refer the matter to arbitration. Any such dispute will be resolved through binding arbitration and not through court proceedings. The Federal Arbitration Act and federal arbitration law will apply, including to any question whether this Dispute Resolution and Arbitration provision is enforceable or a dispute is subject to arbitration.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by these Terms of Service. The JAMS Rules, including instructions for starting an arbitration proceeding, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at an agreed location in Boston, Massachusetts. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator.
The arbitrator’s decision regarding the dispute will follow these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court that has jurisdiction.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding the provisions of this Section, either party may seek interim or provisional relief from a court of competent jurisdiction in the form of a temporary restraining order, preliminary injunction, or other interim relief concerning a dispute, either prior to or during the dispute resolution process provided for in this Section, if the party believes such action is necessary to protect its interests.
17. Contact Information
Direct any questions, complaints or claims to:
177 Huntington Ave, Suite 1703
Boston, MA 02115-3153
Notice to California Residents: If you are a California resident and you have a complaint regarding the Services that is not resolved by contacting Merryfield directly, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.