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TERMS & CONDITIONS
MICHAEL C. FINA – ENGAGE MEMBER AGREEMENT
General Terms & Conditions
| 1. |
The Michael C. Fina Engage Program ("Engage" or "Program") is sponsored by Michael C. Fina Company. The Michael C. Fina® logo, Engage™ logo and other logos and taglines are the intellectual property of Michael C. Fina Company. Engage is provided subject to compliance with the terms and conditions of this Member Agreement ("Agreement"). |
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| 2. |
Engage program membership ("Membership") is open to individuals who are at least 18 years of age and are legal residents of the continental United States or the District of Columbia. Commercial customers and others purchasing items for resale are not eligible for Membership. Employees of Michael C. Fina, its affiliates and subsidiaries, and their spouses, parents or children, or members of any corporate or industrial account of Michael C. Fina are not eligible for Membership. |
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| 3. |
Only individuals are eligible for Engage Membership. Each Engage member ("Member") may have only one account. Duplicate accounts will be subject to cancellation. Only the Member named on the account will be allowed access to personal account information. Members are responsible for keeping their account usernames and passwords confidential. |
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| 4. |
Engage Membership and its benefits are offered at the discretion of Michael C. Fina and its affiliated companies (collectively "Michael C. Fina"), and Michael C. Fina has the right to terminate the Program or to change the Program Rules, regulations, benefits, conditions of participation or point levels, in whole or in part, at any time, with or without notice, without any further obligations to Members. Michael C. Fina may terminate or modify the Program and/or Program Rules even though changes may affect the value of points already accumulated. Michael C. Fina may, among other things, withdraw, limit, modify or cancel any points or awards; increase the number of points required for any award; modify or regulate the transferability of awards or benefits; or institute or add reward blackout dates. Members, in accumulating points, may not rely upon the continued availability of an award or award level, and Members may not be able to obtain all offered awards. |
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| 5. |
Michael C. Fina reserves the right to make Engage points and promotional offers selectively available to certain Members at any time based on purchase activity, the purchase of merchandise from a particular brand or category, geographic location, Program participation or other factors determined at Michael C. Fina's sole discretion. |
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| 6. |
Participation in Engage is subject to this Agreement and any other terms and conditions, rules, regulations, policies, and procedures ("Program Rules") that Michael C. Fina may, at its discretion, adopt from time to time. Michael C. Fina has the sole right to interpret and apply the Program Rules. All determinations by Michael C. Fina shall be final and conclusive in each case. |
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| 7. |
Any failure to follow the Program Rules, any abuse of Program privileges, any conduct detrimental to the interests of Michael C. Fina, any misrepresentation of any information furnished to Michael C. Fina by any Member, or anyone else acting on the Member's behalf, or any other improper conduct as determined by Michael C. Fina in its sole judgment may result in the termination of his or her Membership, the forfeiture of accrued points, awards or benefits, or both. In connection with the enforcement of the Program Rules, Michael C. Fina reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys' fees and court costs. |
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| 8. |
Each Member shall be responsible for remaining knowledgeable as to the Program Rules and the number of points in his or her account. A Member can view his or her account activity online at engage.michaelcfina.com. For information about an individual account or any other program-related questions or information contact a Michael C. Fina Customer Care Representative by mail at: 545 Fifth Avenue, New York, NY 10017 or by e-mail at rewards@mcfina.com. By phone, call toll free: 1.800.BUY.FINA (1.800.289.3462). |
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| 9. |
Michael C. Fina may try to advise Members of matters that may be of interest to them through such means as may be appropriate, such as account summaries, newsletters and its website, but shall have no liability for any failure to do so. Each Member shall be responsible for advising Michael C. Fina of any change of address. Michael C. Fina will not be responsible for, and shall have no liability for, any lost, misdirected or delayed correspondence or any consequences thereof. |
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| 10. |
Michael C. Fina in its sole discretion reserves the right to cancel an individual Membership. A Member may cancel his or her Membership at any time by notifying a Michael C. Fina Customer Care Representative by mail, e-mail, or telephone. |
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| 11. |
The information provided online by Engage Members will be handled in accordance with Michael C. Fina's online Privacy Policy. |
Earning Points
| 12. |
Engage Members earn points for nearly every dollar spent on eligible jewelry purchases ("Eligible Purchases") when their username or other appropriate Membership credential is provided at time of purchase in store. Eligible Purchases do not include purchases made online, purchases of sale-priced merchandise or purchases made in connection with any other offer, promotion or discount. Regardless of Member's chosen payment method, Eligible Purchases earn points at the following rates:
| Points per Eligible Dollar Spent |
Total Eligible Dollars Spent |
| 400 |
> $10,000 |
| 300 |
$5,000 - $9,999 |
| 200 |
< $5,000 |
Engage Members who sign up for a Michael C. Fina credit card ("MCF Card") and select the ninety (90) day no interest no payment if paid within 90 days or no interest if paid with 25 days plan will earn bonus points ("Initial Bonus Points") when they make their first MCF Card purchase. Initial Bonus Points are only available at the time of Member's first Engage purchase using their MCF Card and are not available to MCF Cardholders who select the twelve (12) month no payment plan. When available, Initial Bonus Points will be awarded based on the total eligible dollar amount first charged to Member's MCF Card according to the following schedule:
| Initial Bonus Points |
Eligible Dollars Charged to MCF Card |
| 1,000,000 |
> $10,000 |
| 500,000 |
$5,000 - $9,999 |
| 250,000 |
< $5,000 |
Eligible dollars are limited to dollars spent at checkout on Eligible Purchases less any dollars spent on sale-priced or discounted merchandise, special offers, state fees, delivery charges, restocking fees, rebates applied at time of purchase, the dollar amount of any Gift Certificates purchased or other excluded charges as determined by Michael C. Fina. Points calculations are based on eligible dollars spent rounded to the nearest whole dollar.
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| 13. |
When a Member returns an Eligible Purchase to the store or by mail, points previously posted to Member's account for that purchase will be deducted from Member's account. |
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| 14. |
Points will typically post to Members' accounts within approximately eleven (11) business days from in-store purchase or date of initial shipment. However, Michael C. Fina reserves the right to determine if and when points will post to a Member account. |
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| 15. |
All points and rewards must be earned and redeemed according to the Program Rules. Michael C. Fina reserves the right to make the final decision as to what constitutes an Eligible Purchase. |
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| 16. |
Engage points have no cash value. Engage points and benefits are not transferable and may not be combined or merged, including, but not limited to, merger with other Member accounts, their estates, successors or assigns. Accrued points and benefits do not constitute property of the Member, and are not transferable by the Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise by operation of law. |
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| 17. |
Points earned through Engage expire three (3) years from the date they post to Member's account. Points may be redeemed at any time after they are credited to Member's account and until the relevant expiration date, unless otherwise specified by Michael C. Fina. Michael C. Fina reserves the right to change or cancel the Program at any time, without notice, including imposition of new point expiration dates. |
Prohibition of Sale or Barter
| 18. |
The sale or barter of Engage points or benefits other than by Michael C. Fina is expressly prohibited. Any points or benefits transferred, assigned or sold in violation of the Program Rules, in addition to exposing the Member to the penalties otherwise associated with violations, may be confiscated or cancelled. |
Program Registration
| 19. |
In order to participate in Engage, Members must be able to connect to and access the World Wide Web. Members must provide, at Members' own expense, all equipment, services and related fees (such as ISP charges) required to access the Engage program website. Members must also have a valid e-mail address to register for the Engage program. |
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| 20. |
Member agrees to provide Michael C. Fina true, accurate, current and complete information as prompted by this website's online registration form (or requested in any Engage application) and agrees to maintain and promptly update this information as necessary in order to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, Michael C. Fina may suspend or terminate Member's account immediately and may refuse Member all current or future use of Engage. |
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| 21. |
Members are required to use their e-mail address as their username when registering for the Engage program. Members must select a password as part of the registration process. Members may be provided a temporary password at point of sale that can be changed during the registration process. Michael C. Fina reserves the right to immediately suspend or terminate the account of any Member whose username or password it deems offensive, obscene or otherwise inappropriate. Members must enter their username and password before they will be allowed to access their Engage account or redeem Engage points. |
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| 22. |
Member agrees not to share his or her username or password is responsible for keeping his or her username and password confidential. Member is solely responsible for all activities that occur under his or her username and password, including any activities that are not authorized by Member. Member agrees to (a) immediately notify Michael C. Fina of any unauthorized use of his or her account and (b) exit from his or her account at the end of any session. |
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| 23. |
Member agrees to abide by all applicable international, federal, state and local laws and regulations with respect to Member's account. |
Redeeming Engage Points
| 24. |
Engage rewards points shall be available to any Member that makes any Eligible Purchases, or engages in any other points earning activities, as determined by Michael C. Fina. Eligible Purchases and the amount of points available for each eligible dollar spent shall be determined in the sole discretion of Michael C. Fina, and are subject to change, modification, addition or deletion from the Program at any time. |
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| 25. |
Once Member has earned sufficient points, Member may redeem his or her accrued points for rewards or to take advantage of Michael C. Fina and/or business partner offers that are featured on the Program website at the time of redemption. The amount of points required for a particular reward will be made available to Members on the Program website. Available rewards and the amount of points required to earn them may also be disclosed to Members through alternative means at Michael C. Fina's sole discretion. |
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| 26. |
Rewards redeemed from a Michael C. Fina business partner are accepted by Member solely according to the terms and conditions specified by the Michael C. Fina business partner. Members are responsible for reading and agreeing to any terms and conditions associated with a particular reward. Any liability or losses incurred from the redemption, receipt or use of Engage points or rewards is solely the responsibility of the Member. |
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| 27. |
Engage rewards points will immediately be deducted from a Member's account upon the valid redemption of a reward through the Program website. |
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| 28. |
Rewards claimed through the Program will only be delivered to valid U.S. addresses. Rewards will not be shipped to any Post Office (P.O.) box or international address unless agreed to in advance by Michael C. Fina. |
Returns
| 29. |
Members may return rewards claimed through the Program at their sole cost and expense. Returns to Michael C. Fina may only be made during the 10-day period immediately following the shipment of the reward from Michael C. Fina. Returns for any reward claimed through a Michael C. Fina business partner shall be controlled by that business partner's individual return policy. |
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| 30. |
Members shall arrange for and pay any and all shipping costs for returned rewards. Michael C. Fina recommends insuring returns and using a traceable shipping method since each Member bears the risk of loss until the item is received by Michael C. Fina. |
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| 31. |
After a return has been made and approved by Michael C. Fina any Engage points used for the reward redemption will be credited back to Member's account. Any Engage rewards points that are credited back to a Member's account will be available for redemption after the credit is posted. |
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| 32. |
Michael C. Fina may in some instances and at its sole option allow Members to return Eligible Purchases outside the standard return period. Any points earned in connection with the purchase of such Eligible Purchases will be deducted from Member's account. If a Member redeems the points earned in connection with making an Eligible Purchase and that Eligible Purchase is subsequently returned, Michael C. Fina may at its sole discretion (a) accept return of the Eligible Purchase subject to the return of the redeemed reward in its original condition or (b) deduct the cash value of the redeemed reward from the value of the Eligible Purchase return. |
Disclaimer of Warranties
| 33. |
Member agrees that participation in Engage and use of this website is solely at his or her own risk and expense. |
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| 34. |
Engage and all services offered therein are provided on a strictly "AS IS" and "AS AVAILABLE" basis, without representation or warranty (including any implied warranties) of any kind. |
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| 35. |
Michael C. Fina makes no warranty:
- That Engage will meet any Member's requirements.
- That Engage will be uninterrupted, timely, free of errors or without defects.
- As to the results a Member may obtain through participation in Engage.
- As to the accuracy or reliability of any information obtained via Engage.
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| 36. |
MICHAEL C. FINA EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, OTHER THAN AS OTHERWISE SET FORTH IN THIS AGREEMENT, REGARDING ENGAGE AND INFORMATION, SERVICES OR GOODS PROVIDED BY OR THROUGH ENGAGE (OTHER THAN THOSE INCAPABLE OF EXCLUSION UNDER THE APPLICABLE LAWS), INCLUDING, BUT NOT LIMITED TO:
- THE IMPLIED WARRANTY OF MERCHANTABILITY;
- THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USER OR PURPOSE; AND
- NON-INFRINGEMENT.
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| 37. |
Michael C. Fina makes no warranty with regard to any products, services, or gifts obtained through Engage. Michael C. Fina cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any affiliates, business partners, manufacturers of merchandise or suppliers of services. However, the third party manufacturer or supplier of any product(s) may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. |
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| 38. |
No advice or information, whether oral or written, obtained by a Member from Michael C. Fina shall create any warranty not expressly made herein. |
Limitation of Liability
| 39. |
Member understands that Michael C. Fina may place restrictions on the use of goods and services offered through Engage. |
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| 40. |
Member understands that all goods and services offered by Michael C. Fina's affiliates and business partners are offered by third parties, and that Michael C. Fina does not operate, control or endorse any such information, goods or services in any way. |
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| 41. |
ANY LIABILITY THAT MAY ARISE FROM ANY PRODUCT(S) SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S).
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| 42. |
NEITHER MICHAEL C. FINA, NOR ITS OFFICERS, DIRECTORS, STOCKHOLDERS, SUBSIDIARIES, EMPLOYEES, AGENTS, VENDORS, LICENSORS, AFFILIATES, BUSINESS PARTNERS OR OTHER THIRD-PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM:
- The use or inability to use Engage;
- The cost of procurement of substitute goods or services;
- Any transaction entered into or through Engage;
- The reliance on or use of any information, goods, services or merchandise provided via Engage;
- Unauthorized access to or alteration of Member's transmissions or data;
- Statements or conduct of any third party;
- Any claim attributable to errors, omissions or other inaccuracies in Engage and/or materials or information retrieved through Engage;
- Any other matter relating to Engage or the Program Rules; or
- The purchase of product(s) or redemption of rewards through Engage.
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| 43. |
The above limitation applies even if Michael C. Fina or its authorized representatives have been advised of (or know or should have known of) the possibility of such damages. |
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| 44. |
Some of the above limitations and disclaimers may not apply in a particular case because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that any implied warranty cannot be disclaimed, its scope and duration shall be the minimum permitted under the applicable law. |
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| 45. |
Member acknowledges and agrees that Michael C. Fina neither endorses the contents of any e-mail, Internet communications, physical mail or other communications in any media nor shall Michael C. Fina be held responsible or liable for:
- The accuracy of material contained in e-mail, Internet, or other communications;
- Any infringement of third-party intellectual property rights arising from e-mail, Internet, or other communications; or
- Any fraud or other crime facilitated by e-mail, Internet, or other communications.
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| 46. |
Engage is void where prohibited by law. |
Laws
| 47. |
This Agreement has been made in and shall be construed in accordance with the laws of the state of New York without regard to its conflict of laws provisions. By registering for Engage, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the state of New York for resolution of any dispute(s) arising out of or relating to this Agreement or your participation in the Program. |
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| 48. |
This Agreement constitutes the complete, final and exclusive understanding between Michael C. Fina and Engage Members relating to the subject matter hereof and governs use of Engage, superseding all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. |
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| 49. |
If any portion of this Agreement is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the parties' original intentions and the remainder will be enforced as written. |
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| 50. |
Michael C. Fina's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Michael C. Fina in writing. |
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| 51. |
Member agrees that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of, or related to, this Agreement or participation in Engage must be filed within one (1) year after it arose or be forever barred. |
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| 52. |
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. |
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| 53. |
All headings in this Agreement are for convenience only and have no legal effect. |
Indemnification
| 54. |
Member agrees to indemnify and hold harmless Michael C. Fina and its parent, subsidiaries, affiliates, business partners and their respective officers, directors, employees, agents, vendors, licensors, suppliers, co-branders, third-party providers or other partners, from and against any and all claims, losses, costs (including court costs), fees (including attorneys' fees), damages and expenses that such parties may incur as a result of, due to, or arising out of the violation by a Member (or anyone acting under the Member's account or password) of this Agreement or the use or misuse of Engage by a Member (or anyone acting under the Member's account or password), or the violation of any rights of another by a Member (or anyone acting under the Member's account or password). |
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