End-User Licensing Agreement

End-User Agreement for Android and iPhone App 

Last Updated: May 2024 (Application ver. 24.4.1)  
 
TERMS OF USE 
 
BY USING THIS MacFood Mart Rewards Mobile Application (MACFOOD MART or MACFOOD MART REWARDS, YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION AND ITS CONTENT, BETWEEN USER AND MACFOOD MART INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES. BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.  

MacFood Mart App Privacy Policy 

Please carefully read the MacFood Mart Privacy Policy, which is hereby incorporated into these Terms, for information relating to MacFood Mart’s collection, use, and disclosure of your Personal Information. Among other things, our Privacy Policy explains how we process your Personal Information when you use our App. You are required to agree and give consent to these privacy terms before you accept the Terms of this Agreement. 
 

MacFood Mart Rewards Privacy Policy 

Effective May 1, 2024 
Message to Our Customers Regarding Privacy 

MacFood Mart believes in protecting the confidentiality of our customers’ personal information in accordance with our customers’ wishes and applicable laws. Our reason for collecting customer information is to help us deliver added value and improve the shopping experience of our customers. The MacFood Mart Rewards Program (“Program”) is our primary means of collecting such information which helps us to target benefits and services to our customers. This may include advising our customers about products, services, and other purchasing opportunities. 

MacFood Mart values your business and the trust you place in us. To help you better understand how customers’ personal information is used and protected at MacFood Mart, this Privacy Policy outlines (a) a definition of Personal Information, (b) methods and sources of collecting Personal Information, (c) categories of institutions or parties to whom we may disclose Personal Information, and (d) measures and efforts we take to safeguard Personal Information. MacFood Mart reserves the right to revise this Privacy Policy at any time without prior notice. For this reason, please check regularly for the most recent version of our privacy policy and its implications for you. 

Specific Information about this Privacy Policy 

The Policy is described here in a concise, transparent, intelligible, and easily-accessible form: Privacy Policy <attach hyperlink to “Privacy Policy wording” that links to Retailer’s website where privacy policy should also be listed>. It is set forth in a series of specific components describing how the Policy operates and how it meets certain privacy rights, depending on where you reside.  Please be advised that MACFOOD MART DOES NOT SELL ANY PERSONAL INFORMATION WITH ANY THIRD PARTY. 

Definition of Personal Information 

Personal Information is information about you and/or your household, as well as your mobile device (e.g., your name, birth date, address, email address, ISP, and mobile telephone number), that is obtained by MacFood Mart in connection with providing a product or service for personal, family or household purposes. Your MacFood Mart Rewards account, including your account password (“PIN”), is also considered to be Personal Information. 

Personal Information We Collect 

We may collect: 

  • Name;  
  • Email; 
  • Address; 
  • Mobile phone number;  
  • Date of birth;  
  • Program Account number and password (“PIN”); 
  • Device information and app use; and 
  • Coarse location (for the limited purpose of providing business locations/services). 

How We Use Personal Information 

We will collect and use your Personal Information, along with sales information or purchase data (Transaction Data) that is NOT Personal Information:  

  • to calculate available benefits and deliver appropriate rewards and communications;  
  • to optimize your customer experience and enhance time spent at retail locations that participate in the Program; 
  • to fulfill the Program services, you have requested from us, such as earning and redemption of rewards, receiving e-coupon or digital offers based on your purchases, and being eligible to participate in specific promotions and promotional events; 
  • where we have a legitimate interest, such as for research and anti-fraud protection; 
  • when required by law to do so, or to comply with and enforce legal requirements, agreements, and policies;  
  • as necessary for a corporate transaction (such as a merger or acquisition); in any such transfer of information, your personal information would remain subject to this Privacy Policy; 
  • for other purposes disclosed to you at the time you provide Personal Information to us. 

This Personal Information may be transferred to a third party based on a specific action that you initiate, where you reasonably expect the data to be shared as part of the Program, or it may be transferred to a service provider to process it on the App developer’s behalf. For example, the App developer may use a service provider to host data on their behalf and in compliance with the developer’s instructions, contractual terms, privacy policies, and security standards. 

 

If you have opted into our Program and provided us with an email address and/or a mobile phone number, we may send you email messages, or mobile messages and/or coupons that may be related to your Transaction Data. We may also send informational or promotional email or mobile messages to you, although you may opt out of receiving such communications at any time as described below, by contacting us at our website, or by calling MacFood Mart Rewards toll-free at 1-844-408-7405.  Or you may click the “unsubscribe” button on any email or text message you receive, which will result in the removal of your opt-in approval to send you messages.  
 
Related the several jurisdictions’ “opt-out” provisions, MacFood Mart does not provide a “Do Not Sell” button on its app because a consumer who has not enrolled has no need to opt out, and MacFood Mart has provided an app procedure for an enrolled, MacFood Mart Rewards customer to withdraw from the Program, which operates the same way an “opt-out” button would to terminates the individual’s participation. 

It is important to note that, in connection with its collection of Transaction Data, no payment information (credit card numbers, debit card numbers, bank account numbers) is ever collected or stored by MacFood Mart in association with the MacFood Mart Rewards Program. Moreover, only after your Personal Information has been de-identified (i.e., made anonymous and/or aggregated), will it be used by MacFood Mart to develop trend data; accordingly, de-identified trend information is not Personal Information. 

Methods and Sources of collecting Personal Information 

To help better understand and serve the needs of our customers, we collect Personal Information from various sources, including the following: 

  • Information you provide us when you enroll in the MacFood Mart Rewards Program. 
  • Information we receive when you use your MacFood Mart Rewards card at retail locations that are participating in the Program. 
  • Information you give us on application forms, voluntary customer surveys, sweepstakes and coupon rebate entries, or when you visit our website (Email Us page). 
  • Information you provide to us over the phone or through the mail or email. 
  • Information we collect through your browser when you visit our website and your browser interacts with us. 
  • Information provided to us by other sources/companies. 

How is Personal Information Shared? 

MacFood Mart will not sell to any company, person, or agency your “Personal Information.”  As explained above, your Personal Information will only be used by MacFood Mart or its contractors/service providers, to fulfill its obligations to you under the MacFood Mart Rewards Program (e.g., provision of loyalty services, for age verification, data security). In those situations, MacFood Mart requires its contractors/service providers to sign an agreement that prohibits them from using your Personal Information outside of the contract services. 

However, MacFood Mart may disclose to any company, person, or agency “Personal Information” as required by law, as required to protect the rights or safety of MacFood Mart or our customers, or in response to a specific law enforcement request. Security regulations of several countries/jurisdictions may require us to provide foreign and domestic government agencies with access to data you disclose to us. 

MacFood Mart may share anonymous and/or aggregated information (free of any Personal Information) about all our users with third parties, either (1) where the User has initiated the sharing; or (2) where the de-identified data is transferred to a service provider/vendor to process it on behalf of MacFood Mart.  All such third-party sharing has been approved in writing by MacFood Mart in its contract with the App developer.  It is not possible for those third parties to determine who you are from such sanitized information. 

What are your rights? 

Regardless of where you reside, your rights in relation to your personal information are to: (1) be informed about its collection, use, and disclosure; (2) know if we maintain your personal information, and, if we do, to receive a copy (subject to the rights of others); (3) correct your personal information if it is inaccurate or out of date; (4) object to our processing of your personal information, and, if we are processing your personal information based on your consent, to withdraw that consent at any time; (5) have your personal information deleted in certain situations; (6) restrict how we use your personal information; (7) know what third-party companies their data has been sold to; (8) direct a business to stop selling that information and (9) not be subjected to  any discriminatory treatment for the exercise of your privacy rights.  A MacFood Mart Rewards Personal Identification Number (PIN) is required to access your account information and to make any request. 

The right to have us delete your Personal Information carries an important caveat.  If you ask us to delete your Personal Information, you will not be able to continue to participate in the Program.  We will respond within a reasonable time to any request from you to indicate your options if you still want to delete your personal information. 

You also may have the right in some jurisdictions to have your Personal Information transferred to others businesses; however, because our use of your personal information is limited to fulfilling loyalty services on your behalf, it is usually not technically feasible for us to honor such a request because we are not able to exchange that information with another business with which we have no direct interface or where we have no existing business reason to exchange data (e.g., a different loyalty host is unlikely to honor MacFood Mart within its loyalty program).  We will respond within a reasonable time to any request from you to export your Personal Information. 

You are also entitled to know if we are using any automated decision-making tools. To the extent that the App provides you with digital offers, such decisions are based solely on Transaction Data, which itself is not Personal Information, to which you have consented in order to enable us to provide valuable offers to you.   

Finally, you are also entitled to know if we are using biometrics as part of any identification of consumers using our Program. We do not employ any biometric technology in the identification of individual consumers. 

Collection of Personal Information from Children 

We do not knowingly collect information from children under the age of 13. If you have reason to believe that we collected or are in possession of personal information from someone under 13 years of age, please contact us at 1-844-408-7405.   For individuals who are under the age of 18, we require that a parent or guardian handle the online enrollment in the Program. 

Exercising Your Rights 

By contacting us as described in this section you can send us your requests related to your Personal Information. We may require that you verify your identity before exercising your individual rights. Please note that we are only required to respond to each person once per calendar year.  

If you desire to make a request under your jurisdiction’s application consumer data privacy law, please contact us by email:  support@krs.io or call us toll-free at 1-844-408-7405. A MacFood Mart Rewards Personal Identification Number (PIN) is required to access your account or to identify yourself online. We will respond to such verified requests for information access within 45 calendar days following receipt at the email, unless we notify you that additional time will be required. Please note that we are only required to respond to each person once per calendar year per state under which a customer’s request has been made. 

Finally, in compliance with various state consumer data privacy laws, MacFood Mart provides customers with the following notice of its offering of a “financial incentive”: 

  • MacFood Mart operates a customer appreciation program that enables individual consumes to enroll in the MacFood Mart Rewards Program (“Program”), shop at participating merchant locations, and earn points or similar rewards that can be redeemed for discounts on future purchases. In addition, the MacFood Mart Rewards Program entitles enrolled customers to participate in giveaways and other promotions. There is no charge to a customer to join the Program. 
  • A description of the Program’s material terms is found in this Policy as well as online at <Insert hyperlink location of privacy policy on retailer’s website>, including a series of FAQs, including access to the personal information collected by MacFood Mart at the time of enrollment. 
  • An individual customer may “opt-in” to the Program by enrolling via the free, MacFood Mart Rewards app, online, or by obtaining a loyalty card at a participating merchant location and registering the card by calling the MacFood Mart Rewards customer service number at 1-844-408-7405. 
  • A customer who has enrolled in the Program may withdraw at any time, by going online. 
  • The Program is permitted under state consumer data privacy laws, because it is it not “unjust, unreasonable, coercive, or usurious in nature.” The Program does not discriminate against any consumer; it is available to anyone, and equally important, the same products and services are sold by participating merchants regardless of whether a consumer has enrolled in the Program.   In further support of its position, MacFood Mart would show the following: 
  • A “good faith estimate” of the value of an enrolled customer’s personal information that forms the basis for the Program’s financial incentives is less than $.01; and 
  • The method by which MacFood Mart Rewards as calculated the value of its use of an enrolled customer’s Personal Information is the use of “expenses related to the offer, provision, or imposition of any financial incentive or price or service difference,” which is one of the approved methods specifically identified by the CCPA. 

NOTE:  Customer participation in sweepstakes, give-a-ways, and other promotions sponsored by MacFood Mart are not covered by the term “financial incentive” under current consumer data privacy laws, but rather are covered by federal and state gaming laws.  Such activities are benefits of membership in the Program but have no implication on pricing of goods or services to customers, regardless of whether they provide personal information to MacFood Mart or not.   

Retention of Personal Information 

MacFood Mart may retain your personal information for as long as you have an account in the Program.  If you notify us that you wish to withdraw from the Program, you have the choice either retain the account, with any accrued points balance, in case you decide to re-active it in the future, or to delete the account, which will cancel any accrued point balance. 

Use of Cookies 

Our App itself does not use any cookies except for Google Analytics to measure the performance of the App; if you do not allow Performance Cookies, then we will not be able to monitor its performance. For information on how to opt-out of Google Analytics, please see Google’s opt-out options and Google’s privacy practices.  

However, if you link to a Web browser from your mobile device, cookies may be in use which are related solely to that website.  The majority of Web browsers you may use accept cookies, but the “help” menu on your browser should give you options for preventing, accepting, or receiving notice of new cookies. You can configure your web-browser to disable cookies, but you should be aware that doing so may diminish your experience and some App features may not work as intended. 

 

Security 

Protecting your Personal Information is an important priority for MacFood Mart. Our internal employee Code of Ethics and this Privacy Policy emphasize this priority. MacFood Mart employees who violate our policies and procedures are subject to disciplinary action. Marketing services providers or affiliates that receive Personal Information are required to preserve the confidentiality of that information under the terms of our legal contracts with them. MacFood Mart also maintains physical, electronic, and procedural safeguards in accordance with industry standards that are designed to keep unauthorized persons from accessing Personal Information stored on our systems.  

No method of securing information transmitted over the Internet, or method of electronic storage, is 100% secure; therefore, MacFood Mart cannot guarantee the absolute security of any Personal Information it receives, collects, processes, or stores.  However, in securing all personal information, we utilize reasonable, generally accepted technical and organizational security measures to protect personal data against loss, misuse, or alteration throughout collection, transmission, processing, and storage, including the physical security of our facilities.  Wherever we collect Personal Information for our use, it is encrypted and transmitted to us using the latest secure socket layer (SSL/TLS) encryption methods. You can verify this result in different ways on different browsers: by looking for a closed lock icon, a green location bar, or verifying that “https” is used at the beginning of the address of the web page. Finally, MacFood Mart uses appropriate security measures in storing any Personal Information. 

 

If you have any questions about security of your Personal Information, you may contact us at mailto:support@krs.io 

  

Details regarding physical address can be found under the Contact heading. 

 

Notice of Legitimate Interest 

We are providing you with notice about the legitimate interest we have to collect and use your Personal Information without which we would not be able to fulfill the Program services for which you have accepted/opted in by enrolling in the Program.  In some instances, we may also obtain affirmative consent from you to collect and use your personal information. 

Will the Privacy Policy Change? 

MacFood Mart may modify this Privacy Policy from time to time. Our current Privacy Policy can be viewed on our website at <Insert location of Privacy Policy>. If you have any questions regarding this Privacy Policy or wish to change your personal Customer Information preferences, please contact us toll-free at 1-844-408-7405, or via email at support@krs.io. A MacFood Mart Rewards Personal Identification Number (PIN) is required for account information. 

Recognition of Other Legitimate Interest/Affirmative Consent 

I have read the above information presented by MacFood Mart about its MacFood Mart Rewards Privacy Policy.  I hereby recognize and acknowledge that MacFood Mart through this Policy and its App Terms of Use, have fully disclosed and provided me with information about its legitimate interest in collecting and using my personal information in order to fulfill my underlying contract for Program services.  In addition, in some situations, I may be able to give affirmative consent to MacFood Mart to collect and use my personal information.   am aware that I have the right to seek to withdraw from the Program at any time, by contacting MacFood Mart at 1-844-408-7405, or via email at support@krs.io 

 
Age Restriction 
 
Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure that the parent or legal guardian acknowledges and agrees to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use. 
 
Incorporation of Related Terms 
 
These Terms incorporate and supplement the terms provided by Apple, Inc. (“Apple”) and incorporate and supplement Google LLC (“Android) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service and Android Terms and Conditions (available at https://www.android.com/enterprise/terms/) including without limitation the Licensed Application End User Agreement therein (“Apple Terms” and “Google Terms”). These Terms also incorporate, and supplement any other terms, conditions, and policies of MacFood Mart that may be posted at <Insert Retailer’s website URL>, including without limitation the following related terms, conditions, and other policies, the location, and terms of which may be changed from time-to-time. 

 
 
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application. 
 
End-User License 
 
Subject to these Terms, MacFood Mart grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an Android Phone, Android Tablet (“Android Device”), Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple and Google Play Terms and accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification, or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application owned by a third party (“Third-Party Content”) is prohibited. This Agreement and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply. 
 
 
User Information 
 
Application features, such as Virtual MacFood Mart Rewards Card, store locator,  and account management,  may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, and virtual MacFood Mart Rewards card information (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to MacFood Mart, including its agents and third-party partners, and consents to MacFood Mart, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in  the MacFood Mart, MacFood Mart Rewards Privacy Policy identified in this Agreement. 
 
The User is solely responsible for the confidentiality and security of User Information sent from or stored by the Application on the Device (either iOS or Android). The User agrees to immediately notify MacFood Mart, of any suspected unauthorized transaction associated with the Application or any other breach of security.  

Prohibited Uses 
 
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that, 
 
1). Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); 2). is unlawful, fraudulent, or deceptive; 3). uses technology or other means to access unauthorized content or non-public spaces; 4). uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; 5). attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 6). attempts to damage, disable, overburden, or impair MacFood Mart Rewards servers or networks or those of their third-party provider; 7). attempts to gain unauthorized access to a MacFood Mart Rewards or third- party provider computer network; 8). attempts to gain unauthorized access to MacFood Mart Rewards user accounts; 9). encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or 10). violates these Terms in any manner. (collectively “Acceptable Use”). 
 
MacFood Mart, reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to its Content or use of the Application.  
 

Indemnification 
 
User agrees to indemnify and hold harmless MacFood Mart, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof MacFood Mart reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. 
 
No Warranties 
 
MACFOOD MART, IS PROVIDING THE APPLICATION AND ITS CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MACFOOD MART, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. 
 

No Liability 
 
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MACFOOD MART, OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR ITS CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. MACFOOD MART, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM. 
 
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall MacFood Mart, its agents or anyone involved in creating or providing this Application or its Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less. 
 
Intellectual Property 
MacFood Mart Rewards and MacFood Mart Rewards logos, and other MacFood Mart Rewards or MacFood Mart trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of MacFood Mart Rewards or other companies of MacFood Mart. Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The MacFood Mart Rewards and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the express written permission of MacFood Mart, obtained in advance of such use. Permission requests should be sent to: support@krs.io. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by MacFood Mart, or the owner of the Content. 

Class Action Waiver 

 

YOU AND MACFOOD MART, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

 

Dispute Resolution  

 

If the parties are unable to agree on an arbitrator, an arbitrator shall be determined pursuant to Rules 15-20 of the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) (presently available athttps://www.adr.org/sites/default/files/Consumer-RulesWeb.pdf . This Arbitration Agreement is made pursuant to the Federal Arbitration Act and the Dispute will be decided by arbitration in accordance with the AAA Consumer Rules then in effect subject to the modifications described in this Section. At this time, the instructions for initiating AAA arbitration can be found at “R-1” of the AAA Consumer Rules and a template for a AAA Consumer Arbitration demand may be found at: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf Except as provided herein, the arbitration shall be conducted in accordance with AAA Consumer Rules, rather than any federal or state rules of civil procedure. The AAA Consumer Rules may provide more limited discovery compared to federal or state rules of civil procedure. The arbitrator shall honor claims of privilege and privacy recognized under Indiana law and shall take reasonable steps to protect all confidential information. Each party may be represented by legal counsel of their own choosing. Each party shall pay its own attorneys’ fees, provided that an arbitrator may award attorney’s fees and costs to the prevailing party under any applicable statute or written agreement to the same extent that attorneys’ fees or costs could be awarded in a court of law. To the fullest extent permitted by law, the expense of the arbitration will be shared equally between the parties. Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The award or decision by the arbitrator shall be final, binding, and conclusive, and judgment may be entered upon such award by any court. The arbitrator shall not have the authority to add to, amend, or modify existing law, and all awards will be based solely on the law which would govern the Dispute if it had been brought in a court of law. No arbitration award or decision will have any preclusive effect as to any issues or claims in any dispute, arbitration, or court proceeding where any party was not a named party in the arbitration.  Prior to, during, and following any arbitration, the parties agree that the arbitration shall remain confidential.   

Export Regulations 

 

You agree that neither the Application nor any technical data related thereto shall be exported by you, re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 

 
 
Choice of Law, Jurisdiction 
 
These Terms are governed by the laws of the Indiana United States of America, without regard to Indiana conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in County, State, United States of America and the federal courts in the United States District Court for the District of Indiana United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms. 
 
Severability 
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of MacFood Mart to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. 
 
Modification of these Terms 
 
MacFood Mart  reserves the right to change or modify these Terms or any other MacFood Mart Rewards terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the MacFood Mart Rewards (<insert web address where privacy policy is located >,) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of MacFood Mart, shall have any legal effect as a waiver by MacFood Mart of any Terms of this Agreement. 
 
Third Party Beneficiary 
 
User agrees that MacFood Mart service providers, licensors, or others involved in creating or providing the Application are third-party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.  For clarity, the third-party beneficiary Ignite Retail Technologies develops and maintains the Application.  
 
Contact Us 
 
If you have any questions regarding our privacy practices, you can email us at jessica@mcintoshenergy.com 

©1999-2024. 

MacFood Mart, Use of mobile information 

By entering your mobile phone number, you are agreeing to receive MacFood Mart Rewards alerts and mobile offers. User will receive a maximum of 6 alerts per month. U.S. mobile numbers only. Message and data rates may apply. Text HELP to 313131 for help. Text STOP to 313131 to cancel. 

By entering your email address, you are agreeing to receive MacFood Mart Rewards email messages. Users will receive a maximum of 6 messages per month unless they are also opted into additional promotions and offers. Message and data rates may apply. To unsubscribe, click the unsubscribe link, call 1-844-408-7405, or write: 

MacFood Mart Rewards 
c/o Ignite Retail Technology 
P.O. Box 554 
Twin Falls, ID 83303 

Terms and Conditions 

 (1) Agreement to Terms. YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MacFood Mart Rewards Application. If you do not agree to these terms and conditions, you may not install and use the App.  Use of the MacFood Mart Rewards Application signifies your agreement to the terms and conditions of use set forth below. 

(2) Modification of Agreement. MacFood Mart, reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the App, at <insert web address location of retailer’s privacy policy >, or at Participating MacFood Mart Locations. Use of the MacFood Mart Rewards after such notice will be considered your agreement to be bound by any such changes. Please check back frequently for program updates or rule changes. 

(3) Copyright Protection and Use of Company Information. The MacFood Mart Rewards App and its content is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. MacFood Mart, owns logos and trademarks related to the MacFood Mart Rewards App and its content, which may not be used by you in any manner without the prior written consent of MacFood Mart. You may not recopy, distribute, publicly display, modify, transmit, reuse, repost, or use for public or commercial purposes, any of the contents of the App without the express written permission of MacFood Mart, obtained in advance of such use. Permission requests should be sent to support@krs.io. 

(4) Minimum Age Requirement.  Users of the MacFood Mart Rewards App must be at least 18 years old or older or show explicit consent of a parent or guardian. 

 

(5) Your Use of App. Your access to and use of the MacFood Mart Rewards App and its related content, including your account information, are at your risk. Under no circumstances, including but not limited to negligence, shall MacFood Mart its officers directors, owners, employees, agents, and any other party involved in creating, producing, or delivering the App and any content on the App be liable for any damages whatsoever (including, without limitation, any direct, incidental, consequential, indirect, or punitive damages) arising out of or related to your access to, use of, inability to access or use the App for any reason (e.g., failure of performance or operation, any interruption of service, computer virus), any unauthorized use or access to your account, or any damages to your equipment, programs, files or other property, even if MacFood Mart, has been advised of the possibility of such damages. 

Occasionally, MacFood Mart, may provide an external link from its MacFood Mart Rewards Homepage to a third-party affiliated with the MacFood Mart Rewards Program. MacFood Mart is not responsible for the contents of any off-App pages referenced through such links, nor is MacFood Mart, liable for any defamatory, offensive, or illegal conduct that may occur from or through such third-party link. Links to other Apps do not imply an endorsement of that site by MacFood Mart. 

Although the software used to develop the MacFood Mart Rewards App, as well as its use and associated content, including your account information, have been produced and maintained in a manner we believe to be accurate and reliable, MacFood Mart, makes no warranty, either express or implied, regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness or any information you may access on the App. MacFood Mart, provides the App and its content on an “as is” and “as used” basis and MacFood Mart, its officers, directors, owners, employees, and agents assume no liability or responsibility for any errors or omissions in the content of the App. If you find any errors or omissions in your account information, you should report them to MacFood Mart Rewards at support@krs.io 

Acceptance 

 

By clicking the Agree button, I accept and agree to the terms and conditions in this Terms of Use Agreement, including the previously reviewed MacFood Mart/MacFood Mart Rewards Program Privacy Policy to which I have previously consented.