PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.

Web Site Terms and Conditions of Use
The RepeatRewards^® web site (“Site”) is an on-line customer loyalty application provided by Pro/Phase Marketing, Inc. (“PPMI”) and is subject to your compliance with the terms and conditions set forth below.

This page states the Terms and Conditions under which you (“Merchant” or “Member”) may use this web site. Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE. PPMI may revise these terms and conditions at any time, with or without notice, by updating this posting. You should visit this page periodically to review the then-current terms and conditions.


Use of this Site
For Merchant’s or Member’s personal and noncommercial use, PPMI authorizes Merchant or Member to view and print one copy of material from this site. The site, or any portion of the site, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by PPMI. PPMI reserves the right to refuse service, terminate accounts and/or cancel programs at its discretion, without limitation, if PPMI believes that Merchant’s conduct violates applicable law or is harmful to the interests of PPMI.

Use of Content, Copyright
All content and any compilations thereof included on this site, including but not limited to, text, graphics, logos, icons, images, color combinations, button shapes, layout, audio or video clips, and other material (“Content”) is the property of PPMI or its content supplier(s) and is protected by U. S. and international copyright laws. All software used on this site is the property of PPMI or its software supplier(s) and is protected by U. S. and international copyright laws. The content and software on this site may be used as a marketing resource only. Merchant or Member must retain all copyright and other proprietary notices posted in the original content on any copy made of the content. Any other use including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

Trademarks
RepeatRewards, its logos, graphics and service names are trademarks of PPMI in the United States and other countries and may not be used in connection with any product or service that is not in any manner likely to cause confusion among Merchants or Members or in any manner that disparages or discredits the RepeatRewards program.

Disclaimer
THIS SITE IS PROVIDED BY PPMI ON AN “AS IS” BASIS. PPMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT MATERIALS, PRODUCTS OR SERVICES INCLUDED IN THIS SITE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. PPMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILIITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PPMI BE LIABLE FOR ANY DAMAGES OF ANY KIND, LOSS OF BUSINESS OR PROFITS, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL ARISING FROM THE USE OF THIS SITE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

System Maintenance
Occasionally, RepeatRewards will not be available for use by Merchants or Members. PPMI policy is to limit this downtime to Sunday nights from midnight to 6:00 AM the following morning. PPMI’s policy is to perform system upgrades and maintenance during this time. However, PPMI reserves the right to take the RepeatRewards site down at any time, without advance notification, if required.

Links to Other Sites
The site may contain links to third-party web sites. These links are provided solely as a convenience to the Merchant or Member and should not be construed as an endorsement by PPMI of the contents on such third-party sites. PPMI does not make any representations regarding the content or accuracy of material on such third-party sites. If the Merchant or Member decides to access linked third-party web sites, it is done at their own risk.

Indemnity
You agree to defend, indemnify and hold harmless PPMI, its officers, directors, employees, and agents from and against any claims, actions, or demands, including and without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the contents (including software) or your break of the Terms of this Agreement.

Applicable Law
This site is created and controlled by PPMI in the State of Minnesota, USA. As such, the laws of the State of Minnesota will govern these disclaimers, terms and conditions without giving effect to any principles of conflicts of laws. PPMI reserves the right to make changes to the site and/or these disclaimers at any time.

Limited Warranty
PPMI’s sole obligation with respect to this express warranty shall be (at PPMI’s discretion) to refund the equivalent of one month’s fee paid by Merchant for the processing, mailing, materials, and postage. In exchange for this refund, if deemed appropriate, the Merchant shall return the VeriFone terminal, at the Merchant’s expense, and fulfill any other obligations.

PPMI makes no warranty or representation that its program will meet Merchant’s requirements for generating customer loyalty. PPMI makes no warranty or representation that its program will produce specific response rates or sales results.