Effective Date: November 28, 2023
Terms & Conditions
JUSTDATA.COM LLC (“JUSTDATA”, “Us” or “We”) is a customer relationship management (CRM) service provider enabling the Nebraska Crossing Shopping Center’s ecosystem, website and internet application (“NEX App”) and the various related services (collectively, the “Platform”) to provide CRM services to our merchant clients by using the Platform in which participating users are consumers of our merchant clients. As a participating user, you agree to these terms and conditions of JUSTDATA. The Platform allows JUSTDATA to track user activity, serve ads, inform users of discounts/deals offered by merchants, etc. Because JUSTDATA uses the Platform for communicating with targets of CRM services on behalf of merchants, JUSTDATA must incentivize Platform users to engage with the NEX App/ecosystem/Platform. As an incentive for you, the consumer, to join the FastCash™ Premium Membership Program and use the Platform, JUSTDATA provides you benefits such as a product recommendation engine, sale information, and access to a reimbursement award in the form of the FastCash™ Premium Membership Program, which is up to a 30% reimbursement (actual percentage may vary and varies by merchant) of your consumer spending in the Nebraska Shopping Center, etc. (“User Perks”). JUSTDATA takes the traditional approach of spending a portion of JUSTDATA’s marketing dollars on efforts to attract and retain consumer users of the NEX App by providing consumers User Perks. Like a traditional client entertainment/gifts type of expense that businesses pay for with commercial cards or which businesses use as a client reimbursement plan, JUSTDATA monitors the CRM Service to provide you, the user, access to User Perks, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the “Terms and Conditions of Use”), as well as any other written agreement between us and you.
To facilitate User Perks (e.g., business gift), a NEX App user participating in the FastCash™ Premium Membership Program is able to approach a physical merchant location (from a limited group) and select a good or service they desire as a perk. The user acquires the good or service by presenting to the merchant JUSTDATA’s application which interfaces with a device virtual wallet to provide to the merchant virtual card information so that JUSTDATA can purchase the perk with JUSTDATA dollars and transfer the perk to the NEX App user in exchange for FastCash™. On the back end, JUSTDATA uses an API to ensure that JUSTDATA’s expense on entertainment/retention complies with JUSTDATA’s requirements/policies (e.g., JUSTDATA’s purchase is from a merchant of the select group of JUSTDATA’s partners for providing User Perks and is less than a set spend of JUSTDATA’s money for relationship building). In this way, the program administrator controls JUSTDATA spend on user engagement efforts in support of JUSTDATA’s business operations. As each NEX App user is of different calculated value based on their activities in the ecosystem, JUSTDATA use individual virtual cards (in JUSTDATA’s name) tied to each user to track/authorize spend related to individual user retention. You are an authorized user of JUSTDATA’s virtual card assigned to you, but you are NOT the cardholder or owner of any such card. The JUSTDATA program administrator will use software tools and API integration to ensure the virtual cards are used by JUSTDATA for their limited purpose. The JUSTDATA program administrator retains full discretion on whether or not to authorize a transaction.
As a delivery system for User Perks, JUSTDATA issues you, a NEX App user, a virtual card for your account. Virtual cards will be issued in JUSTDATA’s name and the NEX App purchases are controlled by JUSTDATA’s program administrator using an API to make an authorization decision on each NEX App user transaction. Spend per NEX App user can be tracked and is limited to particularly identified partner merchants in the ecosystem (e.g., using merchant ID and an API). User Perks may or may not be purchased for a particular NEX App user in the sole discretion of JUSTDATA and virtual card spending is controlled by JUSTDATA’s program administrator who maintains sole authority and discretion on authorization of purchases. NEX App users:
In addition, when using particular services or materials on the Platform, you shall also be subject to any posted rules, terms and conditions, and privacy policies applicable to such services or materials that may contain terms addition to those in these Terms and Conditions of Use, in particular for the use of Plaid, Inc. (“Plaid”). All such additional guidelines, terms, privacy policies, and rules are hereby incorporated by reference into these Terms and Conditions of Use. In the event there is a conflict between these Terms and Conditions of Use and the latter, and the latter provides additional restrictions, the latter will take precedence.
BY USING THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, INCLUDING ANY APPLICATION, SERVICES OR PLATFORM CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE PLATFORM NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.
By agreeing to these Terms and Conditions of Use, you represent that you are at least the age of majority in your state or province of residence. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the services, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
We expressly reserve the right to modify, discontinue or terminate the Platform, Application or Services or to change these Terms and Conditions of Use at any time and without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the Platform. We will also update the “Last Updated Date” at the top of these Terms and Conditions of Use. Your continued access to or use of the Platform after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the Platform, Applications and the Services. In such an event please cancel your account and uninstall the NEX App.
As used in these Terms and Conditions of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its contents.
DESCRIPTION OF SERVICES
We provide information regarding brands, offers, events and other details pertaining to the Nebraska Crossing Shopping Center. Generally speaking, JUSTDATA is a customer relationship management (CRM) service provider. JUSTDATA is paid by retail merchants to drive consumer traffic to our merchant clients and collect useful data on merchants’ consumers for enhancing their business with respect to those consumers. In order to, we make various services available on and through the Platform including, but not limited to, recommendations and style advice for men’s and women’s clothing and accessories, along with other services and features offered by our clients. You are responsible for providing, at your own expense, all equipment and resources necessary to use the Platform and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to add, modify or discontinue any service associated with the Platform, including any of the Platform’s features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the Platform shall also be subject to these Terms and Conditions of Use.
JUSTDATA complies with all applicable laws and regulations including, without limitation, the Bank Secrecy Act, Anti Money Laundering (AML) laws, Office of Foreign Assets Control (OFAC) law and regulations, Countering the Financing of Terrorism (CFT) law and regulations, and the like. As a result, JUSTDATA may, in its sole discretion, deny your participation in the Platform and any and all related services.
FASTCASH™ PREMIUM MEMBERSHIP USER PERKS TERMS AND CONDITIONS
Additional Information
Any benefit, reward, service or feature offered in connection with your FastCash™ Premium Membership may change or be discontinued at any time for any reason, except as otherwise expressly indicated. JUSTDATA is not responsible for products and services offered by other companies.
FastCash™ Reward Program Information
Your FastCash™ Premium Membership on the NEX App (“Card Account”) will earn FastCash™ rewards or User Perks based on your Eligible Purchases, as defined below, with participating merchants in the platform and will be deposited into your FastCash™ virtual wallet associated with your Card Account (“Virtual Wallet”) on the NEX App, as explained below. While these and similar terms are used to describe the service in more simple language, it is important to know and understand that the Card Account is not owned by you and that the Virtual Wallet does not contain your funds or money. Any issued payment card is in the name of JUSTDATA which owns and controls all cards and funds. You are an authorized user who is able to make purchases with the card and money assigned to your account based on your spending. JUSTDATA owns all funds and controls all spending as set forth herein. Reference to your account refers to your FastCash™ Premium Membership and not any bank account, payment card, or the like, and you do not own of control your account. Your account simply facilitates the services provided by JUSTDATA described herein.
FastCash™ Received on Eligible Purchases
After you have uploaded payment card(s) into the NEX App, which are debit cards or credit cards you choose which you intend to use to make Eligible Purchases, as defined below (“Payment Cards”), you are eligible to receive FastCash™. Subject to the limitations described herein, you will earn cash rewards up to 30% of the dollar amount of the purchases you make using your Payment Card(s) with participating merchants (“Eligible Purchases”). When the Eligible Purchases post to your Payment Card(s), FastCash™ will post to your Card Account and will appear in your FastCash™ Virtual WalletWallet, again subject to the limitation described herein. After a thirty (30) day holding period, your FastCash™ will be available for your use to make purchases at participating merchants subject to JUSTDATA’s control over purchases as set forth herein. FastCash™ will appear in your Virtual Wallet at the time Eligible Purchases are made and is subject to an administrative fee as described herein.
The following transactions may not be Eligible Purchases and may not earn FastCash™: balance transfers, cash advances, checks that access your Payment Card(s), items returned for credit, disputed or unauthorized purchases, fraudulent transactions, traveler’s checks, foreign currency purchases, money orders, wire transfers (and similar cash-like transactions), lottery tickets and gaming chips (and similar betting transactions), loads or reloads of balances on gift cards or prepaid cards or cash equivalents, person-to-person payments, Loan Payments, the creation of ACH (Automated Clearing House) Payments, Payment Card fees and charges (such as late fees and finance charges), and Payment Card fees for services or programs you receive from the financial institution(s) which issue(s) your Payment Cards.
Your use of FastCash™ and participation in the FastCash™ Reward Program is subject to the limitations described herein throughout and to the following limitations. Generally speaking, you may only have one FastCash™ Reward Program account/profile and may only have your own FastCash™ Reward Program account/profile. You may not earn or attempt to earn FastCash™ using multiple FastCash™ Reward Program accounts/profiles or earn duplicate FastCash™ on a single transaction or special offer.
Only one FastCash™ Reward Program account/profile is permitted per person. You may not open multiple FastCash™ Reward Program accounts/profiles with the same or different uploaded payment card(s), for example to take advantage of introductory or other account/profile offers. You may, however, link or upload multiple payment cards to a single FastCash™ Reward Program account/profile to earn FastCash™ from purchases made with multiple cards. Only one FastCash™ Reward Program account/profile is permitted per user device (e.g., smartphone). You may not have multiple FastCash™ Reward Program accounts/profiles on a single device (e.g., your smartphone). Only one FastCash™ Reward Program account/profile is permitted Plaid connection/account. You may not use your single Plaid account to open multiple FastCash™ Reward Program accounts/profiles. You may not create multiple FastCash™ Reward Program accounts/profiles using the same duplicate bank accounts/credit/debit cards/profiles and/or multiple devices. You may not create FastCash™ Reward Program accounts/profiles for others, including minors. You may not create FastCash™ Reward Program accounts/profiles using accounts/credit/debit cards/ or Plaid accounts held by others. You may not link accounts/credit/debit cards/ or Plaid accounts held by others to your FastCash™ Reward Program account/profile.
A valid e-mail address must be used in the registration and creation of your FastCash™ Reward Program account/profile. Your e-mail address used in the registration and creation of your account/profile cannot be changed by you. To change your e-mail address, you must contact support at [email protected] or [email protected]. You must also provide an accurate and valid name and address.
Returns on products are not eligible to take advantage of increased FastCash™ days (i.e., days in which the percentage of FastCash™ earned on purchases is elevated above the baseline due to a promotion). You cannot return items and repurchase the same items to take advantage of increased FastCash™ percentage days. You will receive FastCash™ earned on your purchases based on the day you shopped. The percentage of FastCash™ earned is based on transaction date and FastCash™ rate in effect on that date.
Returns of products purchased using your FastCash™ (e.g., using your FastCash™ Virtual Card) may take 2 to 7 days to process. Returns for purchases made with your FastCash™ must be returned to the Virtual Card and will not be available for immediate use.
If you identify a transaction you believe that is eligible for FastCash™ rewards and for which you have not received FastCash™ rewards you may seek review of such transactions by contacting support and providing supporting documentation. The transaction must have been made using an account, credit card, or debit card linked to your FastCash™ Reward Program account/profile at the time of the transaction. Such missing transactions are only eligible for review within 60 days of the date of the transaction.
Transaction are not eligible for FastCash™ when processed with credit/debit cards not linked to the FastCash™ platform through Plaid and your FastCash™ Reward Program account/profile.
Cash transactions are not eligible for FastCash™ rewards.
Neither the purchase of store gift cards nor the purchase of Nebraska Crossing gift cards are eligible for FastCash™ rewards.
You cannot purchase product from stores at other locations and return purchased product(s) to like stores at Nebraska Crossing and repurchase the same or similar products with earned FastCash™ or with the purpose, judged solely in our discretion, of earning FastCash™ on previously purchased products.
Violations of one or more of these limitations may result in refusal by JUSTDATA to apply earned FastCash™ to your account and/or cancellation of your account. FastCash™ will be applied to your account consistent with these limitations and your spending of FastCash™ will be limited in accordance with these limitations.
You understand that FastCash™ is limited to legitimate purchases made by you and that FastCash™ is only earnable on limited numbers and types of transactions as reflected in the above limitations and those herein. Accordingly, we reserve the right, but are not obligated, to limit FastCash™ to any person and on any transaction both in earning and spending FastCash™ in order to ensure compliance with the limitations herein. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Certain offers, bonuses, promotions, and/or FastCash™ itself may have limited quantities, availabilities, and applicability. We have made every effort to reflect quantities, availabilities and applicability as accurately as possible. However, availability of such offers, bonuses, promotions, and/or FastCash™ itself are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any service, promotion, offer, or the like at any time. Any offer for any service made on with this service is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We reserve the right to refuse to apply any FastCash™ to your account for any transaction, eligible or otherwise, for any reason, including the prevention of fraud. We reserve the right to refuse to authorize any FastCash™ spending transaction, eligible or otherwise, for any reason, including the prevention of fraud. We may, in our sole discretion, limit or cancel the application/earning or spending of FastCash™ per person, per household, or per order. In the event that we make a change to earned FastCash™ or refuse a redemption transaction, we may attempt to notify you by contacting the e- mail and/or billing address/phone number and/or account provided at the time of the creation of your account. We reserve the right to limit or prohibit the earning of and/or redemption of FastCash™ that, in our sole judgment, appear to be placed by dealers, resellers, distributors, appear to be fraudulent, or appear to violate these terms and conditions.
The percentage of FastCash™ earned on any specific purchase depends on a variety of factors such as the merchant from whom the purchase is being made and the percentage of FastCash™ they are offering; the applicability of any promotions; whether a particular merchant has reached a monthly FastCash™ offering cap; and other factors. To view the amount of FastCash™ you would currently receive when purchasing from a merchant/brand, you can navigate to the corresponding merchant/brand page in the NEX App which will display the current amount of FastCash™ which can be earned on eligible purchases.
The amount of FastCash™ which can be earned on eligible purchases may vary depending on the applicability of any promotions. For example, promotions may offer bonus FastCash™ Platform wide, at specific merchants, for specific purchases, during specific timeframes, or the like. The applicability of any particular FastCash™ promotion is determined by the specific rules associated with such promotion which can be found on the NEX App where the promotion is introduced and explained. Promotional FastCash™ may be capped at a total pool of additional FastCash™ available to all users of the Platform. Promotional FastCash™ may also be subject to redemption restrictions such as time, amount, place, merchant, and item restrictions. Other restrictions may exist as explained for any particular promotion.
In some cases, a particular merchant may decline to continue participating in the Platform; leave the Platform; have a weekly, monthly, yearly, or other timeframe maximum cashback to be awarded; be in breach of its obligations to JUSTDATA; or otherwise cease to participate in the Platform. In such cases, FastCash™ will may longer be earned on purchase from such a merchant. JUSTDATA retains the right to cease providing FastCash™ in such instances at its sole discretion.
Multiple transaction at a single merchant within a single day (or other time period) may, in JUSTDATA’s sole discretion, be treated as a single transaction in order to avoid abuse of promotions, offers, limits, or the like.
FastCash™ Virtual Card and Virtual Wallet
JUSTDATA, as the owner and holder of your FastCash™, will maintain your FastCash™ Card Account and Virtual Wallet on the NEX App. Your FastCash™ rewards will appear in your FastCash™ Virtual Wallet which will show the FastCash™ available for future FastCash™ purchases at participating merchants.
Redeeming FastCash™, FastCash™ Purchases, Taxes and Assessments
You may visit any participating merchant to redeem your FastCash™. You must have access to your NEX App and have the NEX App open and accessible to the merchant at check out in order to use FastCash™ for FastCash™ purchases. Your use of FastCash™ will be governed by these FastCash™ Terms and Conditions, as may be amended, from time to time, in our sole discretion. We may set up a FastCash™ Card Account assigned to you and owned by JUSTDATA, regardless of whether you redeem your FastCash™ rewards to enable you to redeem your FastCash ™. For example, we will set up a FastCash™ Card Account assigned to you if you download the NEX App and upload Payment Card(s). If we set up a FastCash™ Card Account for you, we may provide information about your FastCash™ Card Account to participating merchants in the FastCash™ redemption program. If you upload your Payment Card(s) to your NEX App and you use your Payment Card to complete an Eligible Purchase, a FastCash™ Card Account may be automatically created in your NEX App that enables you to use FastCash™ with participating merchants at checkout. If you are enrolled in the FastCash™ Premium Membership redemption program, you will receive a notification informing you of your enrollment. You can choose to redeem your FastCash™ User Perks as follows:
Periodically Available FastCash™ Premium Membership Welcome Perk
From time to time, new FastCash™ Premium Members may be offered Twenty-Five dollars ($25.00) FastCash™ in their Virtual Wallet one-time when they onboard as a FastCash™ Premium Member and they complete Eligible Transactions in the amount of $100 or more. This welcome perk is optionally made available by JUSTDATA and you are not necessarily entitled to such a perk. If eligible for this welcome perk, you be informed at the time of account creation. If you are eligible for the welcome perk, the twenty-five dollars ($25.00) FastCash™ is made available to you only after you have completed the $100 in eligible transactions and pursuant to the timing and other limitations herein.
Periodically Available FastCash™ Premium Membership Referral Perk
From time to time, existing FastCash™ Premium Members may be eligible to receive Five dollars ($5.00) FastCash™ for every contact you refer who onboards as a FastCash™ Premium Member and completes an Eligible Transaction. You will be informed if you are eligible for such a referral perk at the time you make a referral through the Nex App.
FastCash™ Premium Membership Fee
There is a membership fee associated with your FastCash™ Premium Membership (“Membership Fee”), which is a service fee for the costs related to compliance with the safety of your information, consumer protection, anti-theft measures, notifications and certifications. Much work and expenses are incurred by JUSTDATA to satisfy and support the legal requirements of FastCash™. Thirty-three dollars and fifty cents ($33.50) of FastCash™ will be deducted from your FastCash™ Virtual Wallet annually for the Membership Fee for FastCash™. The Membership Fee is subject to change by JUSTDATA, in its sole discretion. The FastCash™ Premium Membership will renew annually automatically on the anniversary date of the membership. The membership fee is inclusive of administrative fees to support the processing costs related to the processing of your application and your Eligible Transactions.
Account Closure and Election Not to Become a FastCash™ Premium Member
If you choose to terminate your membership you will need to notify JUSTDATA of your termination by sending an email to [email protected] or [email protected]. After notifying JUSTDATA of the termination, please, remove all of your Payment Card(s) from the NEX App. Your termination of your FastCash™ Premium Membership will be effective when JUSTDATA closes the FastCash™ Virtual Card Account assigned to you and at that time you will no longer be able to earn FastCash™ rewards and User Perks. FastCash™ earned and in your FastCash™ Virtual Wallet is forfeited, including all bonuses, referral rewards, welcome bonuses, or any other FastCash™. You will no longer have access to any remaining FastCash™ or earned but not applied FastCash™, all being forfeited. You will not be compensated for forfeited FastCash™. In addition, after the closure of your FastCash™ Virtual Card and Virtual Card Account you will not be able to reinstate your FastCash™ Premium Membership or your FastCash™ Virtual Card or Card Account. You must redeem any available FastCash™ prior to the termination of your account or FastCash™ will be forfeited, and you will no longer be able to redeem FastCash™ formerly in your virtual wallet for future purchases. You may become a FastCash™ Premium Member at a later date by completing the entire signup process again which will include the upload of Payments Card(s) of your choosing into the NEX App anew to create a new FastCash™ Premium Membership account and a new FastCash™ Virtual Wallet. However, any FastCash™ that was in your old FastCash™ Virtual Wallet that has been forfeited cannot be reinstated.
Account Inactivity
If your FastCash™ Card Account does not earn any FastCash™ on Eligible Purchases and you do not spend any FastCash™ for twelve (12) consecutive months, five dollars ($5) of FastCash™ will be deducted from your FastCash™ Virtual Wallet, and an additional five dollars ($5) of FastCash™ will be deducted from your FastCash™ Virtual Wallet every month of continuing inactivity thereafter. FastCash™ in your Virtual Wallet will be unavailable for reinstatement if continuing inactivity depletes your FastCash™.
Value of FastCash™
FastCash™ has no cash value until such time as you may request and receive redemption for your eligible FastCash™ purchases. You may not assign, transfer, or pledge your FastCash™. You have no property rights or other legal interest in your FastCash™.
Program Rules
We may revise any of these terms at any time. In addition, we may terminate the FastCash™ in your FastCash™ Card Account and in your FastCash™ Virtual Wallet at any time. If we terminate the program, you will only have ninety (90) days to redeem your FastCash™ for FastCash™ purchases at JUSTDATA’s sole discretion.
Fraud
If your Card Account shows any sign of fraudulent, abusive or suspicious activity, we may close or suspend your Card Account immediately without giving you prior notice. You may also forfeit your accrued FastCash™.
FastCash™ is a registered trademark, and the design is a trademark of JUSTDATA.
Limits on CashBack™ Redemption
JUSTDATA may, from time to time, institute redemption limits on CashBack™ limiting the amount of CashBack™ you can redeem or spend within a given time period. For example, without limitation, JUSTDATA may set daily, weekly, monthly, or yearly limitations on the amount of FastCash™ that you can redeem. Such limits, if any, will be communicated to you. As previously explained, JUSTDATA may also place limitations on the time within which FastCash™ may be redeemed, such as, without limitation, that FastCash™ may not be redeemed within a certain time from earning, e.g., 30 days or another amount of time. Such limits will also be communicated to you.
REGISTRATION DATA AND PRIVACY
In order to access certain services or features on the Platform, you are required to: (i) download the NEX App, (ii) agree to become a member of the FastCash™ Premium Membership Program, (iii) agree to the Membership Program terms and conditions, (iv) complete an onboarding process, and (v) use an account and password. You may obtain an account and password only by completing our onboarding registration form. The onboarding and subsequent login processes requests certain information and data (“User Data”). You are required to maintain and update your User Data as your information and data may change. By registering, you agree that all information provided in the User Data is true and accurate and that you will maintain and update this information as required, keeping it current, complete, and accurate.
By completing the onboarding registration process, you hereby grant us the right to disclose to third parties certain User Data about you. The information we obtain through your use of the Platform, including your User Data, is subject to our Privacy Policy. Our Privacy Policy is specifically and fully incorporated by reference into these Terms and Conditions of Use.
CONDUCT ON PLATFORM
Your use of the Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the Platform. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Platform. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Platform. However, we may elect to prescreen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to you or other authorized users of the Platform. You shall not interfere with anyone else’s use and enjoyment of the Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our Platform without prior notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our Platform. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other Platforms, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
THIRD PARTY SITES, APPLICATIONS AND INFORMATION
The Platform may link you to sites on the Internet or applications may be integrated into the NEX App or each may otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites and applications may contain information or material that some people may find inappropriate or offensive. These other sites, applications and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link, application or reference is provided as a convenience to you and does not imply endorsement of, or association with, the site, application or party by us, or any warranty of any kind, either expressed or implied.
INTELLECTUAL PROPERTY INFORMATION
For purposes of these Terms and Conditions of Use, we define “content” as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Platform. This includes message boards, chat, and other original content.
By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the Platform may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Nebraska Crossing Shopping Center, JUSTDATA and/or their Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through, the Platform will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party.
The Platform may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of Nebraska Crossing Shopping Center, JUSTDATA or their Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of Nebraska Crossing Shopping Center, JUSTDATA or their Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of Nebraska Crossing Shopping Center or JUSTDATA.
UNAUTHORIZED USE OF MATERIALS
Subject to our Privacy Policy, we treat all information, communication or material that you transmit to the Platform or to us, whether by electronic mail, post, or other means, for any reason, as non-confidential and non-proprietary. By submitting any information to us, you are placing the information in the public domain and hence, the information is deemed non-confidential. You shall be solely responsible for your own content and the consequences of submitting and publishing your content. While you retain all rights in such communications or material, you grant us, our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, prepare derivative or collective works, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
We do not accept unsolicited ideas or proposals. If you elect to submit an unsolicited idea or proposal, the idea or proposal will not be confidential and may be used by us for any purpose whatsoever. So, please do not submit an unsolicited idea or proposal to us in any circumstance.
Additionally, we respect the intellectual property rights of others, and we ask you to do the same. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You further agree that content you submit will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Nebraska Crossing Shopping Center all of the license rights granted herein. You acknowledge and agree that upon our receipt of a notice of a claim of infringement, we may immediately remove the identified materials from the Platform without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act or other applicable authority.
We view the removal or “take down” of content from the Platform as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the Platform, we ask that you send notification to our Designated Agent (as identified below).
To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:
Designated Agent for Claimed Infringement:
Contact: Rod Yates
Address: 21209 Nebraska Crossing Drive, Suite. C100
Gretna, NE 68028
DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PLATFORM FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE PLATFORM, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, AT ANY TIME WITHOUT NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE PLATFORM MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.
Through your use of the Platform, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither Nebraska Crossing Shopping Center, JUSTDATA nor their Affiliates shall be a party to any commercial contract between you and any sellers/purchasers without our written consent and confirmation.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.
Content available through the Platform often represents the opinions and judgments of an information provider, Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Nebraska Crossing Shopping Center spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Platform for further information, which policies are incorporated by reference into these Terms and Conditions of Use.
You understand and agree that temporary interruptions of the services available through the Platform may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services and features available on the Platform are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SERVICE PROVIDERS OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.
YOU UNDERSTAND AND AGREE THAT WE AND OUR SERVICE PROVIDERS PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE PLATFORM CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.
IF THE ABOVE LIMITATIONS OR DISCLAIMERS SHALL FAIL OF THEIR ESSENTIAL PURPOSE UNDER APPLICABLE LAW OR THROUGH ADJUDICATION, THEN THE PARTIES AGREE THAT ANY DAMAGES (DIRECT, INDIRECT AND INCLUDING ATTORNEYS’ FEES AND ADJUDICATION COSTS) SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF (i) THE AMOUNT OF MONEY YOU PAID FOR THE GOODS OR SERVICE AT ISSUE OR (ii) $100.
INDEMNIFICATION
You agree to defend, indemnify, and hold us, our service providers, and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Platform, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECURITY AND PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
PARTICIPATION IN PROMOTIONS
From time to time, the Platform may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the Platform. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the Platform does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.
E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Platform, either directly or through a third-party provider. Where additional Communications services are provided, we may require that you execute separate supplemental agreements covering those services and characterizing the relationship between you and us that, except where expressly noted or contradictory in the supplemental agreements, includes these Terms and Conditions of Use.
We will not inspect or disclose the contents of your private Communications except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information concerning our treatment of your private Communications is available in our Privacy Policy.
At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties.
Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.
Further, the mailbox we may provide to you may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
INTERNATIONAL USE
Although the Platform may be accessible worldwide, we make no representation that materials on the Platform are appropriate or available for use in locations outside the United States or that the Platform complies with any country’s privacy laws. Accessing the Platform or materials from territories where the content is deemed illegal is prohibited. If you access the Platform from locations outside the U.S, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Platform is void where prohibited.
TERMINATION OF USE
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Platform with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
GOVERNING LAW, VENUE, ARBITRATION
The Platform (excluding any linked sites) is controlled by us from our offices within the state of Nebraska, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Nebraska, by accessing the Platform, both of us agree that the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Platform and the purchase of products and services available through the Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Douglas County, Nebraska with respect to such matters.
In the event of a dispute, the parties agree that we, in our sole discretion, may choose to resolve such dispute by binding arbitration under Nebraska’ then-current arbitration rules and statutes as administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”). If the provisions of Nebraska arbitration rules conflict in any way with the AAA rules, the AAA Rules as construed by the arbitrator shall govern. Any such arbitration shall be held in Omaha, Nebraska before a single arbitrator unless the parties agree otherwise. The successful or prevailing party in any such party shall be entitled to recover the prevailing party’s reasonable attorney’s fees and other expenses of the arbitration if the award of attorney’s fees and costs is authorized by civil action involving the same claim(s).
NOTICES
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected], if by email, or at Nebraska Crossing Shopping Center, Inc., 21209 Nebraska Crossing Drive, Suite. C100 Gretna, NE 68028, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
ENTIRE AGREEMENT
These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.
MISCELLANEOUS
In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.
You agree not to sell, resell, reproduce, duplicate, copy, create a derivative work, or use for any commercial purposes any portion of the Platform. You also agree that you will not use or access the Platform for commercial purposes.
In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.
CONTACT INFORMATION
Except as explicitly noted on the Platform, the services available through the Platform are offered by Nebraska Crossing Shopping Center, Inc., located at 21209 Nebraska Crossing Drive, Suite. C100 Gretna, NE 68028. Our telephone number is (402) 332-5650. If you notice that any user is violating these Terms and Conditions of Use, please contact us at [email protected] or [email protected] .
SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Nebraska Crossing Shopping Center has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.
Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Nebraska Crossing Shopping Center reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes you agree to receive email newsletters periodically from Nebraska Crossing Shopping Center. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.