Merryfield Terms of Service

Last updated: May 29, 2020

Welcome, and thank you for being part of Merryfield, PBC (“Merryfield”). 

These Terms of Service are a legally binding agreement between you and Merryfield. Whenever you download the Merryfield App or use the Merryfield Services, you are agreeing to our current Terms of Service and our current Privacy Policy. Please take a moment to read them and check back periodically for updates. If you don’t agree with our Terms of Service or Privacy Policy, you should not sign up for an account or use the Services in any other way.

We can change these Terms of Service from time to time; if we do, we will change the “Last Updated” date at the top. 

As used in these Terms of Service, "you" means you, the user of the functions and features (“Services”) Merryfield makes available through its mobile application (the “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 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 merchant’s point-of-sale device clearly identifying the purchase of the qualifying Product within the Offer Period. 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 receipt you submit 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 support@merryfield.com. The Merryfield support team will try to assist you, but we are not responsible if the receipt cannot be corrected for any reason.

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 or affiliates of Merryfield. Use of the gift cards is subject to the merchants’ terms and conditions, which will be available either with the gift card or directly from the merchant. The merchants represented are not sponsors of the rewards or otherwise affiliated with Merryfield. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional 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 must comply with all applicable laws while using the Services.

You will need to sign up for a Merryfield account to access most features of the Services. You may create only one account. When you create an account, you will be asked to provide some information about yourself (such as your name and email address). You agree to keep the information in our system up-to-date at all times. Please read our Privacy Policy, which is part of these Terms of Service, for information about how we use your data.

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 support@merryfield.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. 

4. Notifications

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, 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 post “User Content,” such as messages, reviews, photos, images, folders, data, and text, in the App or on Merryfield’s website. You agree not to post 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 post 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 you post, 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 the User Content that you post; 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 User Content you supply. Merryfield has the right but not the obligation to monitor and edit or remove any User Content you post. Merryfield takes no responsibility and assumes no liability for any User Content posted 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 receipts or fake accounts or submitting receipts for Products you did not purchase, have returned, or intend to return. 

9. Violations

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. We will notify you of such action at the email address you have provided us. You may dispute our action by contacting Merryfield support at support@merryfield.com 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.

10. Digital Millennium Copyright Act

Merryfield complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you believe any User Content posted on the Service infringes your intellectual property rights, you may contact our Designated Agent at the following address:

Legal Department

Merryfield, PBC.
100 Summer Street
Suite 1600
Boston, MA 02110
E-mail: legal@merryfield.com

11. Inactivity

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.

12. Cancellation and Termination

You may cancel your account at any time by contacting us at support@merryfield.com. You may also discontinue use of the App and allow your account to become inactive, as described in Section 11, 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.

13. 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. 

14. 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.

15. Linking and Third-Party Websites

The Services may contain links or connections to third party websites or services that are not owned or controlled by Merryfield. These links are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Merryfield is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the App or Merryfield’s website operates or otherwise interacts, or for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by the third party's terms and policies (including its privacy policy).

16. 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.

17. 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 support@merryfield.com. 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:

Merryfield, PBC
100 Summer Street
Suite 1600
Boston, MA 02110
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 17, 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 17, if the party believes such action is necessary to protect its interests.

18. Contact Information

Direct any questions, complaints or claims to:

Merryfield, PBC.
100 Summer Street
Suite 1600
Boston, MA 02110
E-mail: support@merryfield.com

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.