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|Clarks shoes
|Reebok shoes
|Rockport shoes
|Timberland shoes
|Sketchers shoes
|Simple shoes
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|Clarks shoes
|Reebok shoes
|Rockport shoes
|Timberland shoes
|Sketchers shoes
|Simple shoes
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McNOPOLY.com's Terms and Conditions for McShopping Mall This Agreement explains the terms and conditions governing membership in the Program (the "Program Terms and Conditions"), and it is your responsibility to read and understand them. By enrolling as a member in the Program (a "Member"), you agree to be bound by the Program Terms and Conditions. Participation in the Program and its benefits are offered at the discretion of McNOPOLY.com (hereby referred to as "us" or "we") has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice. 1. You must be an individual, 18 years of age or older. 2. The Program is only available via access to the McSHOPPING Web site (http://www.McNOPOLY.com). You must have Internet access and an email address to be eligible to receive the privileges and benefits of membership. We are not responsible for your inability to connect to the Internet, log into the McSHOPPING account. 3. By agreeing to these terms, you also agree not to 'spam' unknown individuals by sending them unwanted or unsolicited emails to solicit their membership or participation at McNOPOLY.com's McSHOPPING Mall. Refusal to abide by this or any other rules may result in us stripping you of interest and referral/affiliate program credits and/or canceling your membership, though all accumulated rebates will be paid in accordance with our withdrawal policy upon cancellation of any account. 4. You will be credited, subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by you at one of the online participating merchants at McNOPOLY.com. The percentage will be enumerated on McNOPOLY.com's McSHOPPING Mall Web site through the participating Merchant. The net purchase is defined as the total amount paid to the merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Participating Merchant defines on their respective Web site and as is enumerated in their respective Participating Membership and/or Operating Agreement document, whichever is less. All Participating Merchant Membership and/or Operating Agreements as they relate to their affiliate or partner programs with McNOPOLY.com and which reside on the Participating Merchant's respective Web sites are hereby incorporated into this Agreement by reference. 5. McNOPOLY.com reserves the right to terminate or disable any membership if that Member has been inactive for a period of 12 consecutive months. "Inactive" shall be defined as lack of any Member-initiated cash-earning or -redemption transaction. Member will be notified at the last known contact address prior to termination and given an opportunity to maintain the active status of the account. 6. As a Member, purchases made through McNOPOLY.com Participating Merchants will be deemed a "Qualified Purchase" and will be subject to earn a rebate if and only if all of the following criteria are satisfied: 1) "Cookies" must be enabled on your Web browser as discussed in paragraph 5a. 2) The transaction was initiated by clicking on the participating Merchant's link that appears on the McSHOPPING Mall Web site and being successfully connected to the Participating Merchant's Web site based upon that click. 3) The purchase must be completed during the same "session" immediately following a click through to the Participating Merchant's Web site. A "session" is defined as the time period that begins when Criteria #2 is completed and ends when a purchase is made at the Participating Merchant without an "intervening event". An intervening event is defined as any of the following and is deemed to have occurred anytime between Criteria #2 and purchase of a product or products on the Participating Merchant's Web site: the Member being disconnected from the Internet for any reason or from any cause; the Member closing their web browser software prior to completing a purchase in the same session; a Member bookmarking a web page and then subsequently returning to that bookmark to complete the purchase; a Member leaving an Participating Merchant's Web site prior to completing a purchase in the same session whether or not the next web page visited is an Participating Merchant; any other event which causes an interruption between Criteria #2 and purchase of a product or products on the Participating Merchant's Web site that results in the Participating Merchant not forwarding a percentage of the sale to McNOPOLY.com. 7. In order for proper transmission of rebate information and account maintenance, the use of "cookies" is required by both McNOPOLY.com and also by Participating Merchants. Failure to enable "cookies" will result in the failure of any rebates to be earned on purchases. 8. The determination of whether or not a purchase made through a McNOPOLY.com McSHOPPING Mall's Participating Merchant is a "Qualified Purchase" is at the sole discretion of McNOPOLY.com. 9. In case of return or cancellation, McNOPOLY.com retains the right to reverse account credit. Credited interest on the canceled or returned order will be reversed, and no interest will accrue on the purchase amount. 10. Rebates awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by McNOPOLY.com at its sole discretion. Should you disagree with any adjustments made to your account, your sole remedy is to withdraw from the Program. 11. You will be credited a rebate which we receive from the Participating Merchant subject to the following exceptions: 1) In the case that an Participating Merchant pays McNOPOLY.com a different percentage of the net purchase price based upon the aggregate net purchases made during a finite period of time delineated by the Participating Merchant. 2) Should the Participating Merchant withhold a portion of your rebate for any reason whatsoever, McNOPOLY.com will withhold the exact same percentage from your rebate for the Qualified Purchase. 12. Certain purchases are not eligible for accrual or payment of rebates in accordance with our Participating Merchant's Agreement with the Participating Merchant. Often we will list these items on our site when possible, but will not be obligated to do so if the Affiliate Agreement is made publicly available for viewing. Gift Certificates that are purchased at any of our merchants are also not eligible for a rebate unless otherwise specified. Purchases made by Gift Certificate may not be eligible for payment of rebates; this is at the discretion of the Participating Merchant. 13. It is your responsibility to check your account regularly to ensure that transactions have been properly credited or debited to your account and that your account balance is accurate. The Member must inform us of any rebates that the Member believes they are entitled to within 30 days of the Member's claim of a valid Qualifying Purchase. Furthermore, all rebates earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by McNOPOLY.com at its sole discretion. If you do not agree to adjustments made to your account, your only recourse will be to terminate your membership in the Program. McNOPOLY.com reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided. 14. MCNOPOLY.com reserves the right to send Members messages from time to time. Such messages may include McNOPOLY.com system updates; flash bulletins; administrative announcements; special requests and so on--and may be sent via email or regular mail. Members agree to the use of their addresses and contact information for these purposes. 15. McNOPOLY.com is not responsible for changes to, or discontinuance of, the operation of any Participating Merchant, or any Participating Merchant's withdrawal from the Program, or for any effect on accrual of rebates caused by such changes, discontinuance, or withdrawal. 16. Accrued rebates will be dispersed to the Members in accordance to the following availability rules. Rebates credited may be listed as "not available" for a period of time up to one calendar quarter (three months). During this period of time we are either awaiting the payment of rebates from Participating Merchants or are have reason to believe a purchase may not be a Qualified Purchase and are conducting an investigation. 17. It is your responsibility to keep your account information current in order to facilitate the payment of your rebates. In the event that your information is not current at the time of payment, you forfeit all accrued rebates to McNOPOLY.com. 18. Upon registration for the Program, you will select a password that will allow you to access your McSHOPPING account to verify transfers, check account balances, and modify your account information. 19. You must be logged into McSHOPPING Mall and enter your password to access your account. You may check your account status. 20. McNOPOLY.com is entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize your password, and do not write it down. You are responsible for keeping your email address, password, account numbers, and other account information confidential. McNOPOLY.com is not responsible for any credits or debits made to your account by someone else who uses your password. 21. McNOPOLY.com does not handle any portion of the Qualifying Purchase. All product distribution and payment issues are the sole responsibility of the Participating Merchant. Any concerns about the security of your payment information (credit card number, etc) should be directed to the Participating Merchant. If a Qualified Purchase is made using a credit card or other method without the permission of a cardholder, rebates will not be paid for that purchase regardless of the status of the order with the Participating Merchant. Such activity may cause us, at our sole discretion, to close the Member's account. In this event, you forfeit all accrued rebates to McNOPOLY.com. 22. No rebates or monies earned or granted under the Program may be assigned or transferred to any third party except as expressly permitted by McNOPOLY.com in writing. The sale or barter of any such rebate, other than by McNOPOLY.com, is expressly prohibited. Accrued rebates do not constitute property, and are not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any rebates assigned, sold, or otherwise transferred in violation of the Program Rules may be confiscated or canceled. Any violator of the foregoing restriction is subject to account termination, deduction of rebates from his or her account, and/or liability for damages and litigation and transaction costs. 23. You authorize McNOPOLY.com to disclose to third parties information you have provided, or information that McNOPOLY.com has obtained about your McSHOPPING account: (i) to agents of McNOPOLY.com or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for redemption or transfer of your rebates. Further, you authorize McNOPOLY.com to receive any account information from any Participating Merchant including, but not limited to information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, the email address entered for the Qualified Purchase. You agree to hold the Participating Merchant harmless for any information disclosed to McNOPOLY.com. 24. THE McNOPOLY.com PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, McNOPOLY.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 25. McNOPOLY.com DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY Participating MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION, ALTHOUGH McNOPOLY.com INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE McNOPOLY.com WEB SITE, McNOPOLY.com DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, McNOPOLY.com DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND McNOPOLY.com ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO ACCRUE McNOPOLY.com BY PURCHASING ITEMS WITH AN PARTICIPATING MERCHANT. 26. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH McNOPOLY.com HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO- MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A "CORPORATE PARTICIPANT") BE LIABLE TO YOU FOR NON- PERFORMANCE OF McNOPOLY.com OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY McNOPOLY.com. IN NO EVENT SHALL McNOPOLY.com BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY McNOPOLY.com IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEB SITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF McNOPOLY.com, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 27. MEMBER AGREES TO INDEMNIFY AND HOLD McNOPOLY.com, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBER'S USE OF THE PROGRAM, THE VIOLATION OF THESE POLICIES BY MEMBER, OR THE INFRINGEMENT BY MEMBER, OR OTHER USER OF THE PROGRAM USING THE MEMBER'S ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. 28. McNOPOLY.com reserves the right to terminate the Program at any time with notice. This means you will have sixty (60) days from the date notice of Program termination is provided to Members to redeem rebates in your account. Notification of Program termination will be sent to the email address you provide to McNOPOLY.com during the registration process. McNOPOLY.com will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform McNOPOLY.com of a change in your email address. 29. McNOPOLY.com may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the McNOPOLY.com Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program. 30. Membership in the Program is subject to the Program Terms and Conditions. Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of rebates or interest, or any misrepresentation of any information furnished to McNOPOLY.com or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your McNOPOLY.com account and/or forfeiture of your accrued funds. 31. All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of funds for accrual or redemption, must be submitted in writing within 60 days of the qualifying transaction, to Info@mcnopoly.com. Any such disputes shall be resolved by McNOPOLY.com at its sole discretion. All interpretations of Program Terms and Conditions shall be at the sole discretion of McNOPOLY.com. In the event that an error is made by McNOPOLY.com, your sole remedy shall be the credit of the disputed rebate to your McNOPOLY.com account. 32. This Agreement shall be governed by and construed in accordance with the laws of the State of the United State and Canada, without reference to conflicts of law rules. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. McNOPOLY.com's failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between McNOPOLY.com and the Participating Merchants or between McNOPOLY.com and any other of its Corporate Partners. Neither the Participating Merchants nor any Corporate Partner shall have the ability to create any obligation on McNOPOLY.com's behalf. This Agreement constitutes the entire agreement between you and McNOPOLY.com with respect to the Program. | |||||
