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IMPORTANT TERMS AND CONDITIONS FOR MEMBERSHIP
Revised Nov 16, 2001
PLEASE READ THE ENTIRE AGREEMENT
You ("You" or "Member") agree that by
completing and submitting the Membership Form you have read and agree to the terms and conditions of this Agreement ("Agreement") set forth by Sutton Winski Interests and MiserMart.com. "You" or "Member"
refers to all MiserMart.com members whether an individual, corporation, partnership, limited liability company or non-profit organization.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, INCLUDING OUR
PRIVACY POLICY AND OTHER SITE POLICIES, MISERMART IS UNWILLING TO OFFER YOU THIS SERVICE AT THIS TIME. YOU MAY SHOP AT OUR SITE WITHOUT BECOMING A MEMBER, HOWEVER, YOU WILL NOT ACCRUE ANY MISERMONEY REBATES OR BE
ELIGIBLE FOR ANY OTHER MEMBERSHIP BENEFITS.
REQUIREMENTS FOR MEMBERSHIP AT MISERMART.COM.
To maintain a Membership on the MiserMart Website, You must meet the following requirements and MiserMart
reserves the right to terminate the Membership of anyone who fails to meet these requirements at all times
You must be an individual 18 years of age or older to participate, no machines, scripts, or automated
services may be used to accumulate MiserMoney rebates. If you are under 18 you must obtain parental permission before using the MiserMart Website. Any partnership, limited liability company, corporation or non-profit
organization are also eligible to become a MiserMember and participate in our service. Our servive is only available via access to the MiserMart.com web site, ie., www.misermart.com,
therefore a member must have internet access and an e-mail address to be eligible. Members are responsible for all cost associated with obtaining internet access.
ONLY ONE ACCOUNT ALLOWED PER MEMBER.
You may only sign up once and maintain one Membership in our Site. MiserMart reserves the right to terminate duplicate accounts, resulting in the possible loss of accumulated MiserMoney.
PROVIDE ACCURATE PERSONAL INFORMATION.
You must provide MiserMart with a valid e-mail address and residential information. You are responsible for updating your information should it change or should additional
information be required by MiserMart for legitimate tax-related purposes or any other reason required by applicable law. MiserMart reserves the right to request verification of, and member agrees to be subject to
verification of any of the information provided by member for enrollment You may not misrepresent your identity. MiserMart reserves the right to terminate any account, and associated membership, containing
unverifiable personal information. MiserMart is not responsible for lost payment of MiserMoney or for lost communications due to your failure to provide us with valid and current contact information as necessary.
ENROLLMENT IN OUR WEBSITE OR SERVICE.
To the full extent allowed by applicable law, MiserMart at its sole discretion may refuse to accept applications for membership in our service.
ACCOUNTS ARE NON-TRANSFERABLE.
Your password and account are personal to you and are not transferableto anyone. You may not allow anyone else to use your password or account or to receive payments to You. You
may not use anyone else's password or account or act to accrue earnings for anyone else's account; You are responsible for keeping Your password secret. MiserMart will not be liable for losses that are incurred through
the use of Your password by a third party or the disclosure of your password or account information.
TERMINATION AND CANCELLATION OF YOUR ACCOUNT.
MiserMart at its sole discretion may terminate
any Members without prior notice for (1) any violation of any provision of this Agreement; (2) aiding in or promoting disruptions of the MiserMart Website or Service; (3) acting against the business interests or
reputation of MiserMart and Sutton Winski Interests; (4) acting unlawfully in relationship to MiserMart and the MiserMart.com website.; (e) violation of our Anti-Spamming Policy; (5) inactivity of your account over an
extended period of time; or (6) any other reason, or no reason at all, at the discretion of MiserMart and Sutton Winski Interests. If your account is terminated by MiserMart, You may not re-enroll or join under a new
account. If you decide to cancel your membership and decide to re-enroll at a later time, you will be assigned a new account number and you will not receive credit for MiserMoney earned on your previous MiserMoney
account.
MISERMART NEWSLETTER AND OTHER EMAILS.
By joining MiserMart.com, you are opting-in to receive MiserMart newsletters and other MiserMart promotional emails. If you do not wish to
receive these emails, you may opt-out at any time, by sending an email to,
Opt-Out@MiserMart.com.
SITE RULES.
Members are encouraged not to
tamper with, hack, copy, modify, or otherwise violate the administration, security, or proper function of any part of the MiserMart.com Website. Violation by any members will result in termination of membership,
loss of all accrued MiserMoney and rejection from future participation with the MiserMart Website. Any decision made by MiserMart relating to termination of membership in cases of suspected abuse or violation of our
rules shall be final and binding. You agree not to tamper with the MiserMart Website. Tampering with our Website will lead to termination of your account and may lead to legal action.
RELATIONSHIP TO MISERMART AND SUTTON WINSKI INTERESTS.
By filling out the membership information, you are applying to receive a service. Your relationship to MiserMart is one of an independent contractor and or
customer. No employee-employer relationship is created by using the service. You are fully responsible for filing local, state, or federal, or any other taxes if applicable, on any compensation received as a result of
participation in the Service. When and if Your annual earnings through the MiserMart Website reaches $250.00 through rebates and referrals, MiserMart will request your Social Security number and other appropriate
tax-related information to use to comply with federal and state tax regulations. MiserMart may not pay out MiserMoney earned in excess of the $250 limit without receiving this information from you.
MISERMONEY CREDIT.
MiserMart will compensate you according to the rates posted next to each search result listing on our Website. MiserMoney percentages are subject to change without notice. Rebates awarded to
MiserMart members are subject to changes for returns, cancellations, and other events. MiserMart can make these changes to member accounts at its sole discretion. IF you disagree with the changes made your sole option
is to cancel and deactivate your MiserMart account. Some MiserMart.com affiliates do not allow us to offer rebates on certain purchases. For example, federal regulations prevent commissions from being paid on purchases
of perscription drugs. Gift certificates purchased directly from any affiliates, except those that are expressly in the business of selling gift certificates, often don't earn MiserMoney rebates.
RATES MAY CHANGE.
The percentages paid for net purchases and for referrals, past and present, are subject to change without notice.
AGREEMENT MODIFICATION
MiseMart may modify this agreement at any time, with or without notice. Your continued participation in our program after such modification shall be deemed as your acceptance of any such modification. It is your
responsibility to check our member agreement page on a regular basis to determine if this agreement has been modified. If you don't agree to any modification of this agreement, you must cease participation in our
program immediately.
YOU AGREE AND UNDERSTAND THAT ALTHOUGH MISERMART WILL MAKE ALL REASONABLE EFFORTS TO VERIFY AND CREDIT YOUR
MISERMONEY ACCOUNT. MISERMART DOES NOT GUARANTEE THE PRECISION OF THE MISERMONEY PROCESS. YOUR ACCOUNT WILL ONLY BE CREDITED AMOUNTS FOR NET PURCHASES AT AFFILIATED WEBSITES AS REASONABLY DETERMINIED BY MISERMART AND
OUR AFFILIATES.
MEMBERS REFERRALS.
You may not use unsolicited email, usenet, or message board postings ("SPAM")
to gather referrals. (Usenet and message board spam are messages sent or posted which are unrelated to the topic of discussion of the particular news group or message board.) The use of spam to promote the MiserMart
Website has strict negative consequences. Not only will MiserMart terminate the Membership of any Member who in MiserMart's reasonable opinion has used unsolicited email to gain referrals (a "Spammer");
MiserMart will also cancel the membership of the referrals obtained by the Spammer. In addition, you may be subject to state and federal penalties or other legal consequences under applicable law if you send unsolicited
email. MiserMart.com may not be promoted on or associated with any web sites which contain or promote violence, pornography, adult-only content or discrimination. If a member violates this provision they will be
terminated immediately. **Only one member per household, please!
MARKETING CLAIMS.
You agree not to make any misrepresentations to any of Your Referrals or possible Referrals with respect to compensation that is typically received by
MiserMart members or with respect to compensation that potential members are likely to receive shopping on our Website.
There are conditions in order for MiserMart members to receive MiserMoney. MiserMart members
must have cookies enabled. You must click from our website to the affiliated site to make your purchases. The transaction must be completed on the affiliated site in a timely manner. You may not dis-connect from the web
site or bookmark the affiliate site for future use or complete part of the purchase by phone. These conditions are mandatory so that the merchant will know that the MiserMart member used MiserMart.com to reach the
merchant site.
MiserMart does not warranty, guarantee, or insure the quality of any product or service requested from one of our affiliated or advertised merchants.
ISSUING OF MISERMONEY CHECKS.
Currently, the only way to receive compensation from MiserMart is by check mailed to the mailing address provided by You in the membership form. Subject to the limitations described in this agreement, MiserMart
will mail a check to you within a reasonable time, after each quarter, when you have accumulated at least $25 U.S. currency in your MiserMoney account.
MONITORING YOUR MISERMONEY ACCOUNT BALANCE.
You
may view your account balance by signing in on the "Members" web page. MiserMart will try to keep the amounts updated in a reasonable manner. If you have any questions about your account balance, contact us at
Members@MiserMart.com.
YOUR RELATIONSHIP WITH ADVERTISERS.
Your relationship with merchants or advertisers whom MiserMart delivers offers for on
MiserMart.com, including payment for and delivery of related goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between You and such merchant or advertiser. You agree not to hold MiserMart or Sutton Winski Interests liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the content provided by such merchants or advertisers through the Service.
TERMINATION OF YOUR MEMBERSHIP.
If a Member's account is terminated by MiserMart, Sutton Winski
Interests may refuse and will have no obligation to pay some or all of the amounts credited to the terminated Member's account if such amounts were earned in violation, or after violation, of this Agreement or were
otherwise unlawfully obtained by the Member. If your account is terminated by MiserMart, You may not re-enroll in our service or join under a new account.
DISCLAIMER OF WARRANTIES.
YOU FULLY AGREE AND UNDERSTAND THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
CAN'T GUARANTEE OUR SERVICE WILL BE AVAILABLE TO YOU 24 HOURS A DAY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MISERMART AND SUTTON WINSKI INTERESTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MISERMART AND SUTTON WINSKI INTERESTS
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER
MISERMART.COM, NOR SUTTON WINSKI INTERESTS, OR ANY OF ITS MEMBERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, PARTNERS OR EMPLOYEES SHALL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE, OR THE INABILITY TO USE, THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMBER AGREES TO INDEMNIFY AND HOLD MISERMART AND SUTTON WINSKI INTERESTS AND ITS PARTNERS
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MEMBERS USE OF THE SITE OR PROGRAM. IN NO EVENT WILL MISERMART'S, OR SUTTON WINSKI INTERESTS AND
ITS PARTNERS, TOTAL CUMULATIVE LIABILITY TO ANY MEMBER UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO: THE TOTAL AMOUNT OF MISERMONEY OWED.
GOVERNING LAW AND OTHER TERMS OF THIS AGREEMENT.
Any action related to this Agreement will be governed by Texas law, excluding (a) principles of conflicts of laws, and (b) the United Nations
Convention on Contracts for the International Sale of Goods. Any action relating to this Agreement shall be brought in the state or federal courts in Harris County, Texas, and You hereby submit to the exclusive
jurisdiction and venue thereof. You agree to comply with the laws of Texas and the United States that apply to the use of this Service and the compensation you may receive. If the law of your country, state, city or
province of residence prohibit or limit your participation in this Service, then You are responsible for complying with such laws and you agree to indemnify MiserMart and Sutton Winski Interests against any breach. If
any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to
You and You may not transfer, delegate, or assign this Agreement, your MiserMoney account or other benefits you receive as a MiserMart Member to anyone. Any attempt by You to assign or delegate this Agreement shall be
null and void. MiserMart may assign this Agreement at its sole discretion. Members authorize MiserMart.com and Sutton Winski Interests to release your account information to comply with government agency or court orders
or other legal requests.
SECURITY
MiserMart has used industry standard procedures to safeguard the confidentiality of your personal information, however, no data transmitted over the Internet can be
100% secure. As a result, while we strive to protect your personal information, MiserMart cannot guarantee the security of any information that you transmit to us so you do so at your own risk.
This
Agreement constitutes the entire Agreement between You, MiserMart.com and Sutton Winski Interests in connection with general membership in the MiserMart Website and supersedes all prior agreements between the parties
regarding the subject matter contained herein. If any provision of this AGREEMENT is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this
AGREEMENT will remain in force. No failure of either party to exercise or enforce any of its rights under this AGREEMENT will act as a waiver of such rights.
CONTACTING US.
If You have questions about our Website or this Agreement, please email us at, Members@MiserMart.com.
Don't forget to clear your cache often so your
browser will display our most up to date information and also don't forget read our Privacy Policy
and other site disclaimers.
Thanks from everyone at MiserMart.com
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