Privacy Policy
MyMerchRewards.com (which may be referred to hereinafter as "we" or the "Site") is committed to respecting your privacy and recognizes your need to protect the personal information that you share with us. The following is our privacy policy, in which we inform you what information we might collect from you when you visit the Site, how we might use such information, and the choices you have regarding our use of, and your ability to review and correct, such information. By submitting personal identifying information to MyMerchRewards.com, you expressly give consent to MyMerchRewards.com to receive, store, and use such information in accordance with this policy. This privacy policy constitutes part of the Terms of Use that govern use of the entire MyMerchRewards.com website.
1. Types of Information We Collect
We have the ability to collect two types of information from users who visit the Site:
* Personally Identifiable Information; and
* Aggregate Information.
Personally Identifiable Information is any information by which you can be identified, such as your name, address, telephone number, email address, credit card information, birth date, gender, occupation, personal interests, etc.
Aggregate Information is anonymous data such as your IP address (i.e., a number that is assigned to your computer whenever you connect to the internet), your domain name (e.g., "XYZ.com") and user statistics (e.g., 45% of our users are female). Aggregate data is very much like television ratings that show the television network how many viewers are watching a particular television program.
2. What We Do With the Information
MyMerchRewards.com collects Aggregate Information to diagnose technical problems on the Site, to administer the Site, and to improve the quality of the pages and content that make up the Site. The collection also permits us to provide data to advertisers about the volume of use on, and frequency of visitors to, the Site, to gather broad demographic information and to improve the Site to assure that it is as appealing as we can make it for as many people as possible. Sometimes we share the Aggregate Information with our business partners, and sometimes we permit our business partners to collect the Aggregate Information directly from you, for advertising and promotional purposes. In no event, however, is this Aggregate Information matched to your Personally Identifiable Information.
MyMerchRewards.com also collects Personally Identifiable Information. This may occur when you choose certain products or services offered on the Site. For example, when you register as a Member, order products from merchants who advertise on the Site, subscribe to an email newsletter, participate in our social networking communities, chat rooms, forums, etc., or register for contests, sweepstakes, and other promotional opportunities provided by MyMerchRewards.com, you are supplying us with your Personally Identifiable Information. We use such Personally Identifiable Information to try to offer you our products and services, to improve the quality of the Content that we provide on the Site, to personalize your online experience, and to build a strong online community. From time to time, we also share such information with other mymerchrewards Related Parties and with persons or entities with whom we do business who might also wish to offer their products or services to you such as retail stores, finance, real estate, insurance, travel, automotive, telecommunications, technology, electronics, health, beauty, food, beverage, leisure and entertainment goods and services.
In addition, we may transfer your Personally Identifiable Information as part of the assets of MyMerchRewards.com if MyMerchRewards.com is, or parts of its businesses are, sold to, merged with or acquired by, a third party. MyMerchRewards.com may also disclose your Personally Identifiable information when required by law or court order.
Whether or not you disclose such information is completely your choice. You are not obligated to answer any question that is presented to you. Of course, if you choose not to provide the information, you might be unable to access certain services, offers and content on the Site.
3. Editing, Updating, Correcting and Deleting Information About You
You may enter into your MyMerchRewards.com account at any time to edit, update and correct your account and registration information by logging into your account and clicking on "Edit Profile." Your request will be processed as soon as possible.
If after you have provided Personally Identifiable Information to us, you object to our use of the information (for example, you no longer wish to receive promotional or marketing information about products, services, and offerings from MyMerchRewards.com), you may request us to stop using the information by logging into your account and clicking on "Profile." From this page, you can change your preferences.
4. Protecting Children
We take special care to protect the safety and privacy of children. MyMerchRewards.com is a general audience site. Nevertheless, we do not permit children under age 13 to register on the Site for any product or service. We do not collect or solicit Personally Identifiable Information about Users under age 13.
Children under age 13 should always ask their parents or guardians for permission before providing any Personally Identifiable Information to anyone online. We urge parents and guardians to participate in your children's online activities and to use parental control or other internet filtering technology to supervise your children's access to the internet.
5. Cookies
MyMerchRewards.com uses cookies. A "cookie" is a small amount of data that is sent to your browser from an internet server and stored in your computer. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, assist our online merchants to track visits to and sales at their stores and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it, or you can choose to routinely manually delete the cookies stored in your computer.
6. Security
Protecting the security of your Personally Identifiable Information that you share with us is of the utmost importance to us. Unfortunately, however, no data transmission over the internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot guarantee or warrant the security of any information you transmit to or from MyMerchRewards.com, and you do so at your own risk. By accessing the Site, you acknowledge and agree that we may notify you by email in the event of a breach of security involving your Personally Identifiable Information.
We urge you to keep your password in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.
7. Links to Third Party Sites, Services or Products
MyMerchRewards.com contains links to sites operated and maintained by third parties as well as links to products and services (including software) provided by third parties. MyMerchRewards.com has no control whatsoever over such third parties, their internet sites or their products or services. Privacy policies for such linked sites may be different from our privacy policy. You access such linked sites, services or products entirely at your own risk. You should always read the privacy policy for a linked site, service or product before disclosing any personal information on such site or in exchange for such product or service.
8. Policy Changes and Effective Date
If we decide to change our privacy policy in whole or in part, we will inform you by posting a notice on the Site. This privacy policy has been in effect since September 2000 and was last modified in January 2008.
SOCIAL NETWORKING SERVICE MEMBERSHIP AGREEMENT
MyMerchRewards.com offers a social networking service that allows Members to create personal profiles and meet and communicate with old and new friends online. This service, together with all of its pages, features, content, and applications as may be offered from time to time by MyMerchRewards.com, is referred to hereinafter as the "Social Networking Service" or the "Social Networking Site." The Social Networking Service is hosted in the U.S.
1. Acceptance. Use of the Social Networking Service is subject to the terms and conditions set forth in this Membership Agreement (this "Agreement"), which constitutes part of the Terms of Use that govern use of the entire MyMerchRewards.com website. By using the Social Networking Service, you expressly accept and agree to be legally bound by and comply with all of the terms and conditions of this Agreement, as well as all the other terms and conditions set forth in the Terms of Use and the Privacy Policy.
If you do not agree to this Agreement, please do not access or use the Social Networking Service. MyMerchRewards.com reserves the right, in its sole discretion, to update or revise this Agreement at any time. Therefore, please check back regularly for changes and updates. Your continued use of the Social Networking Service following the posting of any changes or updates to this Agreement constitutes your implied acceptance of such changes and updates.
2. Eligibility. Registration and membership with the Social Networking Service is void where prohibited. As a condition of your use of the Social Networking Service, you represent and warrant that: (a) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to understand, assent to, and enter into this Agreement, and to abide by and comply with this Agreement; (b) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and (c) your use of the Social Networking Services does not violate any applicable law or regulation. In any case, no one under 13 years of age may use MyMerchRewards.com, the Social Networking Service, or any other service offered on MyMerchRewards.com. Your profile may be deleted and your membership may be terminated without warning if we have any reason to believe that you may be under the age of 13.
3. Invitations to Non-Members. Members may invite friends to join the Social Networking Service by sending invitation emails via MyMerchRewards.com's automated invitation system. MyMerchRewards.com stores the email addresses that Members provide so that the respondents may be added to the friend's list of the Member sending the invitations, and also to send reminders of the invitations. MyMerchRewards.com does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders (up to three (3) per email address).
4. Non-Commercial Use Only. The Social Networking Service is for the personal use of Members only and may not be used in connection with any commercial activities, except those that are specifically endorsed or approved by MyMerchRewards.com. You may not: (a) advertise to or solicit any Member to buy or sell any products or services through the Social Networking Service; (b) transmit any chain letters or junk email to other Members; (c) use any personal information obtained from the Social Networking Site to contact, advertise to, solicit, or sell to any Member without their express prior consent; or (d) display an advertisement in your profile, or accept payment or anything of value from any person or entity in exchange for your performing any commercial activity on or through the Social Networking Site on behalf of that person or entity, such as placing commercial content in your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "My Friends", or sending private messages with a commercial purpose. Commercial advertisements, promotions, and other forms of solicitation may be removed from Member profiles and postings without notice and may result in termination of membership privileges. In order to protect our Members from unauthorized advertising and solicitations, MyMerchRewards.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyMerchRewards.com deems appropriate in its sole discretion. If you violate the foregoing and send unsolicited bulk email or other unsolicited communications of any kind through the Social Networking Service, you agree to pay and indemnify MyMerchRewards.com for any penalty or damages that may be imposed by applicable law for each such unsolicited email or other unsolicited communication you send through the Social Networking Service.
5. Copyright Policy. You may not post, display, perform, copy, reproduce, distribute, modify or otherwise use any copyrighted content (e.g., music, movies, videos, photographs, and software) belonging to others without permission or consent of the copyright owner. MyMerchRewards.com reserves the right to terminate membership privileges of any Member who intentionally or repeatedly infringes the copyrights of others. If you believe that your rights under U.S. copyright law have been infringed by anyone or anything on the Social Networking Site, or if a notice of copyright infringement has been filed against you and you believe you have received it in error, please click on Digital Millennium Copyright Act (which is incorporated herein by this reference) to view instructions on how to notify or reply to MyMerchRewards.com.
6. Illegal or Unauthorized Use Prohibited. Illegal or unauthorized use of the Social Networking Service is strictly prohibited. In addition to the prohibited activities described in Sections 4 and 5 above, listed below are examples of some other prohibited activities on the Social Networking Site, which are not meant to be, and should not be considered, complete or exhaustive:
o criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, phishing, trolling, sending of viruses or other harmful files, identity theft, or misappropriation of others' trade secrets or confidential information;
o exchanging or sharing content that solicits, induces, promotes or enables infringement or violation of others' copyrights, trademarks, trade secrets, privacy, reputation, or other property, personal or proprietary rights, or violation of any law or regulation;
o covering or obscuring the banner advertisements on your personal profile page, or any Social Networking Site page via HTML/CSS or any other means;
o making any automated use of the Social Networking Service, such as using scripts to add friends or send comments or messages;
o interfering with, disrupting, or creating an undue burden on the Social Networking Site or the networks or services connected to the Social Networking Site;
o impersonating or attempting to impersonate, or misrepresenting affiliation, association or connection with, another Member or any other person or entity;
o using sexual imagery or any other unfair misleading or deceptive means to draw traffic to one's profile or posting;
o using the account, username, or password of another Member at any time or disclosing your password to any third party, or permitting any third party to access your account;
o selling or otherwise transferring your profile or account;
o using the Social Networking Service to harass, stalk, threaten, abuse, defame, or harm another person;
o using the Social Networking Service for advertising or other commercial purposes;
o using the Social Networking Service in a manner inconsistent with the Terms of Use, the Privacy Policy, this Agreement, or any applicable law or regulation.
7. Member Profiles and Postings. Please choose carefully what you post on the Social Networking Site and what you provide to or share with other Members. Member profiles and postings on the Social Networking Site may not include any of the following items:
o telephone numbers, street addresses, last names, social security numbers, credit card information, bank account information, or other Personally Identifiable Information;
o any content (or links thereto) that contains nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter;
o any content (or links thereto) that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
o any content (or links thereto) that solicits, induces, promotes or enables illegal, unlawful, or fraudulent activities;
o any content (or links thereto) that posts, displays, plays, copies, reproduces, distributes, or otherwise uses others' copyrighted material (e.g., music, movies, videos, photographs, or software) where no permission for such use has been obtained from the copyright owner;
o any content (or links thereto) that contains, posts, displays, plays, or distributes video, audio, photograph, or image of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
o any content that impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity;
o any content that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive creations, components or devices;
o any content (or links thereto) that promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
o any commercial advertisements or promotions, or any offers to sell products or services;
o any other content that we believe, in our sole discretion, violates the Terms of Use, the Privacy Policy, or this Agreement.
Despite this prohibition, profiles and postings of other Members may contain offensive, sexual-oriented, or otherwise objectionable material and MyMerchRewards.com assumes no responsibility or liability for any such material or your exposure to such material. MyMerchRewards.com reserves the right, at any time and in its sole discretion, to reject, refuse to post, block access to, remove or delete any profile or posting (including private messages) made by you, or to restrict, suspend, or terminate your access to all or any part of the Social Networking Service, for any or no reason, with or without prior notice, and without liability. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT.
8. Reporting Abuse. If you become aware of misuse of the Social Networking Service by any person, please contact abuse@correo.MyMerchRewards.com.
9. License to Member Content. MyMerchRewards.com does not claim ownership rights in any material, work, text, file, message, communication, video, audio, image, photo, or other item (collectively, "Content") that you create, post, and upload to the Social Networking Site. You retain all ownership rights in such Content. However, by posting Content on the Social Networking Site, you hereby grant to MyMerchRewards.com and its affiliates the rights and licenses to: (i) use, modify, copy, reproduce, publicly perform, publicly display, publish and distribute such Content on and through the Social Networking Service; (ii) make unlimited and unrestricted use, reproduction, broadcast, exhibition, display, performance, and distribution of such Content in any and all media now known or hereafter developed, including, without limitation, any and all forms of television now known or hereafter developed; and (ii) use, reproduce, publish, and otherwise exploit your name, likeness, image, photograph, voice, performance, and other elements of your appearance or persona only to the extent contained or embodied in such Content, and only as part of such Content (i.e., MyMerchRewards.com and its affiliates have no right to exploit any elements of your appearance or persona apart from such Content); in each case without notice, compensation, credit or attribution to you. Please note that, without the aforementioned licenses, MyMerchRewards.com would be unable to provide the Social Networking Service. For example, without the right to modify your Content, MyMerchRewards.com would not be able to digitally compress Content files you submitted or otherwise format Content to satisfy technical requirements, and without the right to publicly display or perform your Content, MyMerchRewards.com could not allow others to view, listen to or play Content submitted by you. All of the aforementioned licenses you grant to MyMerchRewards.com and its affiliates are non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that MyMerchRewards.com and its affiliates are not required to pay you for any use of your Content as permitted under the licenses), sublicenseable (meaning that MyMerchRewards.com and its affiliates may authorize third parties to make permissible use of your Content), worldwide (because the Internet and the Social Networking Service are global in reach) and perpetual (meaning that all of the licenses will continue even if you remove your Content from the Social Networking Site). You represent and warrant that: (a) you own all Content posted by you on or through the Social Networking Service or otherwise have the right to license such Content to MyMerchRewards.com and its affiliates as set forth in this Section 9; and (b) no Content posted by you infringes or violates any person's or entity's copyright, trademark, trade secret, privacy, reputation, or other property, personal or proprietary right, or violate any applicable law. You agree to pay all royalties, fees, monies and compensation that may be owed to any person by reason of you posting any Content on or through the Social Networking Site.
10. No Responsibility for Member Content. MyMerchRewards.com assumes no responsibility for monitoring the Social Networking Site for inappropriate Content posted by Members. If at any time MyMerchRewards.com chooses, in its sole discretion, to monitor the Social Networking Site, MyMerchRewards.com nonetheless assumes (i) no responsibility for any Content posted by Members, (ii) no obligation to modify or remove any such Content, and (iii) no responsibility for the conduct of Members submitting such Content. You are solely responsible for all Content that you post on or through the Social Networking Site and/or transmit to other Members. Also, you are solely responsible for any and all communications, interactions, dealings, and disputes between you and other Members. MyMerchRewards.com does not endorse and has no control over any Content posted by Members. Content posted by Members is not necessarily reviewed or screened by MyMerchRewards.com prior to posting and is not necessarily monitored by MyMerchRewards.com after posting. Content posted by Members does not reflect the opinions or policies of MyMerchRewards.com. MyMerchRewards.com makes no warranties, express or implied, as to any Content posted by Members or to the accuracy or reliability of any such Content. MyMerchRewards.com reserves the right, at any time and in its sole discretion, but has no obligation, to remove, delete, block, disable or deny access to any Content posted by Members that in its sole judgment violates this Agreement, the Terms of Use, the Privacy Policy, or any applicable law, or may expose or subject MyMerchRewards.com to liability of any kind, or may adversely affect the reputation or goodwill of MyMerchRewards.com.
11. Privacy. Personal information that you disclose to MyMerchRewards.com in connection with registration with the Social Networking Service is governed by our Privacy Policy, which is incorporated herein by this reference. To view this policy, please click on Privacy Policy.
12. Disclaimers. MyMerchRewards.com is not responsible for any incorrect or inaccurate Content posted on the Social Networking Site or in connection with the Social Networking Service, whether caused by Members or by any equipment or programming associated with or utilized for the Social Networking Service. Profiles created and posted by Members may contain links to third party websites. MyMerchRewards.com is not responsible for the Content or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked by MyMerchRewards.com. Inclusion of any linked website on the Social Networking Site does not imply approval or endorsement of the linked website by MyMerchRewards.com. When you access these third-party sites, you do so at your own risk. MyMerchRewards.com takes no responsibility for third party advertisements displayed on the Social Networking Site or through the Social Networking Service, nor does it take any responsibility for the goods or services provided by advertisers. MyMerchRewards.com is not responsible for the conduct of any Member, whether online or offline. MyMerchRewards.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member communication, posting or profile. MyMerchRewards.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Social Networking Site or combination thereof, including any injury or damage to Members or to any person's or entity's computer related to or resulting from using or downloading material from the Social Networking Site. Under no circumstances shall MyMerchRewards.com be responsible for any loss or damage, including personal injury or death, resulting from your use of the Social Networking Service, your participation in any Social Networking Site event, or from any Content posted on or through the Social Networking Site, or from the conduct of any Member, whether online or offline. The Social Networking Service is provided "AS IS" and "AS AVAILABLE", and MyMerchRewards.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyMerchRewards.com cannot guarantee and does not promise any specific results from use of the Social Networking Service. In addition, MyMerchRewards.com makes no representation or warranty that the Social Networking Service is appropriate or available for use in locations outside the United States of America. Accessing the Social Networking Service from territories in which such service is illegal is prohibited. You agree that if you choose to access the Social Networking Service from any locations outside the United States of America, you do so at your own risk and are solely responsible for compliance with local laws.
13. Limitation on Liability. IN NO EVENT SHALL MyMerchRewards.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, ARISING FROM YOUR USE OF THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE, EVEN IF MyMerchRewards.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MyMerchRewards.com'S LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MyMerchRewards.com FOR THE SOCIAL NETWORKING SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
14. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MyMerchRewards.com, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS, PARTNERS, LICENSORS, LICENSEES, SPONSORS, SUPPLIERS AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH (A) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON THE SOCIAL NETWORKING SERVICE OR ANY CONTENT ON THE SOCIAL NETWORKING SITE; (B) ANY CONTENT POSTED BY YOU ON OR THROUGH THE SOCIAL NETWORKING SITE; OR (C) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS CONTAINED IN THIS AGREEMENT, OR YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT. MyMerchRewards.com RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH MyMerchRewards.com IN ASSERTING ANY AVAILABLE DEFENSES.
15. Governing Law; Jurisdiction. You expressly acknowledge and agree that:
(a) The Social Networking Service shall be deemed solely based in the State of New Jersey, U.S.A.;
(b) The Social Networking Service shall be deemed a passive website that does not give rise to personal jurisdiction over the owner or operator of MyMerchRewards.com, either specific or general, in jurisdictions other than the State of New Jersey, U.S.A.;
(c) This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its conflict of laws principles; and
(d) Any dispute arising between you and MyMerchRewards.com concerning the Social Networking Service or any Content on the Social Networking Site, or concerning this Agreement, shall be decided exclusively by state and federal courts located in the County of Los Angeles, State of New Jersey, U.S.A.
16. Term. This Agreement shall remain in full force and effect for as long as you use the Social Networking Service or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Also, MyMerchRewards.com may terminate your membership at any time, for any or no reason, with or without warning, and without any liability to you. YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO AND USE OF THE SOCIAL NETWORKING SERVICE IS A PRIVILEGE AND NOT A RIGHT. Even after your membership is terminated, certain provisions of this Agreement shall remain in full force and effect, including, without limitation, Sections 9, 10, 12, 13, 14, 15, 16 and 18.
17. Fees. You acknowledge that MyMerchRewards.com reserves the right to charge a fee for use of the Social Networking Service from time to time in its discretion. If MyMerchRewards.com terminates your membership because you have breached or violated this Agreement, the Terms of Use, or the Privacy Policy, you shall not be entitled to the refund of any unused portion of subscription or membership fees.
18. Miscellaneous. This Agreement, together with the Terms of Use, the Privacy Policy, and all other legal notices referenced herein or therein, constitutes the entire agreement between you and MyMerchRewards.com concerning your use of the Social Networking Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, all of which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and MyMerchRewards.com's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.