Terms & Conditions
General Terms and Conditions
Thank you for visiting this website (the “Site” or “website”). Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this website.
Throughout this site, the terms “we”, “us”, “our”, and “Zuke’s” refer to Zuke’s LLC, a U.S. limited liability company, and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using this website.
Please Note: These terms and conditions may be revised by Zuke’s by updating this posting – Please read them carefully.
1. Privacy Notice
2. Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
3. Submissions to this Site
Any non-personal communication or material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Zuke’s and Zuke’s may use and reproduce such Submission freely, and for any purpose. Specifically, Zuke’s is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that Zuke’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Zuke’s is under no obligation to use the information submitted.
4. Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of Zuke’s or are the property of their respective owners.
You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
® Reg. Zuke’s trademarks are property of Société des Produits Nestlé S.A. All rights reserved.
The Zuke’s trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this website belong to Société des Produits Nestlé S.A. Any other marks are property of their respective owners. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Zuke’s will vigorously enforce its intellectual property rights to the fullest extent of the law.
5. Links to Other Websites
Links on the Zuke’s websites may take you outside the Zuke’s network and systems and Zuke’s accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Zuke’s cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Zuke’s. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
6. Warranties and Disclaimers
Your use of this website is at your own and exclusive risk.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, ZUKE’S MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM ZUKE’S THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
7. Pet Health, Fitness and Nutrition
This site may from time to time contain information relating to nutrition and various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problem or disease. You should always consult your own veterinarian and/or veterinary advisors.
8. Limitation of Liability
Zuke’s and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
Zuke’s and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Zuke’s shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Although Zuke’s may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Zuke’s is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.
To the maximum extent permitted by applicable law, you expressly waive all claims against Zuke’s, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
9. Prohibited Activities
You are prohibited from doing any act that Zuke’s in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals
Using this website to defame or libel Zuke’s, its employees or other individuals or acting in such a way that brings into disrepute the good name of Zuke’s
Uploading files that contain viruses that may cause damage to the property of Zuke’s or the property of other individuals; and
Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Zuke’s or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.
10. Mobile Services
If Zuke’s permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Zuke’s does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Zuke’s via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
11. Jurisdiction and governing law
The Zuke’s products, services, materials, offers and information appearing on this site are intended for users and/or customers in the United States of America only. Zuke’s makes no representation that the products, services, and content of this website are appropriate or available in locations other than the United States of America. The products appearing in this website are only visual representations and as such are not in their real size, etc.
You and Zuke’s agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Missouri, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of St. Louis County, State of Missouri, United States of America.
12. Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
Copyright Infringement Notification
Zuke’s is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Zuke’s will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
ATTN: Legal Department, DMCA Copyright Notices
PO Box 3210
Durango, CO 81302
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Zuke’s to locate the material;
Information reasonably sufficient to permit Zuke’s to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
User Generated Content Terms and Conditions
Zuke’s LLC (“Zuke’s”) owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User-Generated Websites, you accept and agree to the following Terms and conditions for User-Generated Content.
Use of Your Comments, Photos and Videos: We love to see all your comments, photos and videos. By submitting or uploading your story, comments, photo or video of you, your pet(s), and your minor children (“Your Content”) on our wall or page, you are authorizing Zuke’s to use, publish, and otherwise reproduce, modify and distribute Your Content with or without your name or the name of your pet or minor children in perpetuity, worldwide in any and all Zuke’s related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of Zuke’s or its products via the Internet, websites, mobile apps, and social media. Please do not upload or post any photos or videos of pets other than your own unless you have the owner’s permission. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals (or their parent’s or legal guardian’s permission if a minor).
Submissions to this Page: Any material you submit to our page by upload, or otherwise, including nay data, questions, comments, ideas, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Zuke’s and Zuke’s may use and reproduce such Submission freely, and for any purpose. Specifically, Zuke’s is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you post to our page. Any such use is without compensation to you. By making a Submission, you are also warranting that you own the material/content submitted and that Zuke’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Zuke’s is under no obligation to use the information submitted. You understand that Zuke’s employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submissions and that Zuke’s is only willing to consider the Submissions on these terms.
Zuke’s grants a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Zuke’s domain names, brand names and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding web site owned by Zuke’s (“Zuke’s Sites”). Links to Zuke’s Sites other than those using Zuke’s domain names, brand names or logos are not permitted. The materials on Owner’s site shall not imply any association with or relation to Zuke’s or imply in any way that any materials from Zuke’s Sites are maintained within Owner’s web site.
No changes or modifications to the Zuke’s domain names, brand names or logos may be made. Use of the Zuke’s domain names, brand names or logos for purposes other than linking to Zuke’s Sites is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Zuke’s and its products. Zuke’s retains and reserves all rights in and to Zuke’s trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Zuke’s reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Zuke’s trademarks, trade names, logos, copyrighted material or any other intellectual property of Zuke’s for any purpose not stated herein is expressly forbidden.
All materials are provided ““AS IS,”” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Zuke’s shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of links, domain names, brand names or logos, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. The granting of this Permission does not indicate nor should it be construed in any way to represent an endorsement by Zuke’s of any materials on a web site containing a Zuke’s domain name, brand name or logo or any other Zuke’s intellectual property.
Zuke’s controls and operates its web sites from the company’s headquarters in Durango, Colorado, in the United States of America. Zuke’s in no way implies that the domain names, brand names or logos are appropriate or available for use outside of the United States. If you use our materials from locations outside of the United States, you are responsible for compliance with any applicable laws.
Zuke’s may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Linking Policy to which you are bound.
The display of Zuke’s domain names, brand names and logos on the web site indicates the agreement by the web site Owner to the foregoing terms and conditions.
Coupon Redemption Policy
Scope of Policy. This Policy governs the redemption terms relating to the coupons made available by Zuke’s for the purchase of Zuke’s products where the point of sale occurs at a physical retail establishment (the “Coupon(s)”) and the online purchase codes made available by Zuke’s for the purchase of Zuke’s products where the point of sale occurs online (the “Code(s)”). Such Coupons and/or Codes are redeemable at participating retail merchants selling Zuke’s products (each a “Retailer”). BY SUBMITTING ANY COUPON FOR REDEMPTION AND/OR PROCESSING ANY CODE, A RETAILER AND ITS COUPON CLEARINGHOUSE (EACH A “CLEARINGHOUSE”), IF ANY, AGREE TO BE BOUND BY THIS POLICY. SUBMISSION OF COUPONS OR CODES FOR REDEMPTION SIGNIFIES COMPLIANCE WITH THE TERMS AND CONDITIONS PRINTED ON SUCH COUPONS AND THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED INTO ALL COUPONS AND/OR CODES BY REFERENCE. EACH SUBMISSION OF COUPONS TO ZUKE’S PROCESSING AGENT CREATES A BINDING ENFORCEABLE AGREEMENT TO HONOR THE TERMS AND CONDITIONS OF THIS POLICY AND THE TERMS AND CONDITIONS OF THE COUPON. IT IS THE RETAILER’S RESPONSIBILITY TO ENSURE ITS EMPLOYEES AND AGENTS ARE AWARE OF AND IN COMPLIANCE WITH THIS POLICY.
A) Coupons are only valid in the fifty states comprising the United States of America, the District of Columbia, U.S. territories and possessions, and U.S. military installations worldwide, including any A.P.O. and F.P.O. or as otherwise restricted on the coupon.
B) Coupons are void where prohibited, taxed, or otherwise restricted.
C) The cash redemption value of each Coupon is 1/20 of 1 cent.
D) Coupons are non-assignable and are void if transferred, bought, sold, traded, exchanged for cash, other coupons, or certificates, or auctioned, from their original recipient to any other person, firm, or group or charitable organization prior to store redemption, or if photo-copied, reproduced, or altered in any way.
E) Coupons are to be used toward the purchase of products for individual consumer use only and should not be accepted by any Retailer for product that will be resold.
F) Coupons may be issued by Zuke’s in the form of a paper coupon (a “Print Coupon”) or through digital means, known as a digital or paperless coupon (a “Digital Coupon”). A Digital Coupon shall be issued only through a Zuke’s-authorized digital provider to a unique consumer id, which shall be tied to a particular Retailer.
G) Zuke’s does not authorize Digital Coupons for display on mobile phones.
A) A Code must be entered at checkout to receive discount.
B) Codes are not valid in conjunction with any other Zuke’s Coupon or offer and are void where taxed, prohibited and restricted. No adjustments to prior purchases shall be made.
C) Codes are not valid for cash.
D) Codes are only valid on orders placed on the Web site authorized by Zuke’s as indicated in the terms thereof, with a shipping and billing address found in the continental U.S.
E) Codes may not be published elsewhere without written permission from Zuke’s.
3. Coupon Redemption at Retailer.
A) Coupons are redeemable only when presented by a consumer purchasing the brand(s), size(s), quantity(ies) and variety(ies) of product(s) indicated on the Coupon at the time of transaction with the face value of the Coupon deducted from the Retailer’s then current selling price or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon.
B) Multiple Zuke’s coupons (two or more, in any form including using a Print Coupon and/or Digital Coupon together) may not be applied against the purchase of a single item, and a maximum of four identical Coupons may be redeemed for four identical items in a single transaction.
C) No Coupon may be redeemed after the expiration date set forth on such Coupon.
D) The consumer must pay any sales tax applicable to the product(s) being purchased.
4. Processing Coupons for Payment and Denials Related Thereto.
A) Properly redeemed and identified Coupons must be submitted: (1) directly by the Retailer that redeemed the Coupons, or (2) through a Clearinghouse authorized and approved by Zuke’s processing agent. Submission by unauthorized intermediary agents will not be accepted. Electronic clearing or any other exceptions to Zuke’s standard process requires prior written agreement from Zuke’s. Zuke’s encourages Retailers participating in Digital Coupon promotions to use industry standard formats for reading, writing, and transmitting data and to implement industry standards for Digital Coupon promotions to promote efficiency and strong controls. All Coupon redemption information should be forwarded by the participating Retailer to its Clearinghouse prior to sending on to Zuke’s processing agent.
B) Zuke’s processing agent may request completion of a questionnaire to facilitate the payment process. Providing false or misleading information in a questionnaire submitted to Zuke’s, its processing agent or a Clearinghouse may result in the termination of redemption privileges. Any Retailer who fails to complete and submit a questionnaire to the Zuke’s processing agent after two requests may be denied payment for any and all coupons submitted. Zuke’s reserves the right to forward Coupons to law enforcement agencies for review and investigation as Zuke’s may deem appropriate. Each shipment of Coupons will be considered as a whole and Zuke’s reserves the right to refuse payment for an entire shipment if any portion of the shipment is found to be improperly redeemed.
C) For each properly redeemed Coupon, Zuke’s will reimburse the following items:
(i) Face value of Coupons or, in the case of a free goods Coupon, the lesser of the Retailer’s then current selling price and the maximum allowable amount specified on the Coupon. If the Retailer does not write a price in the retail price box, a predetermined default value based on a representative market value determined by Zuke’s will be used. Reimbursement shall not exceed either the amount stated on the Coupon or the predetermined default value as described herein
(ii) Plus eight cents ($0.08) for handling each Coupon properly redeemed.
(iii) Plus reasonable, actual direct ground postage from Retailer to Zuke’s processing agent or from Retailer’s Clearinghouse to Zuke’s processing agent. All other postage and handling costs/fees (including insurance) are the responsibility of the Retailer as part of the initial $0.08 handling fee per Coupon.
D) Except as set forth above, Zuke’s will not pay any other administrative, handling, transportation or other coupon processing fees that Retailer or its Clearinghouse may incur or request.
E) Invoices for Print Coupons received by Zuke’s more than six (6) months after the expiration date on the Coupon will not be honored. Invoices for Digital Coupons must be presented to Zuke’s processing agent within 30 days after the expiration of the Coupons
F) Zuke’s reserves the right, in its sole discretion, to withdraw and/or refuse payments for any Print Coupon or Digital Coupon offer and to modify or terminate any Code and/or consumer’s participation at any time due to fraud or errors including but not limited to counterfeiting, unauthorized distribution, significant data errors or system security breaches.
G) Zuke’s reserves the right to deny reimbursement, retain, mark, and declare void any Coupons and/or Codes presented for redemption that are:
(i) In mint/mass/gang/ or similar cut or torn condition;
(ii) In sequential number patterns, or contain evidence of tape, or are in excessive or larger than normal quantities in single or multiple transactions that would indicate the Coupons were used to purchase products for resale and not for individual consumer use;
(iii) Altered or appear to be reproductions;
(iv) Submitted in a uniform mix (multiple submissions of a single Coupon or the same quantity of several different Coupons);
(v) Not supported by sufficient Retailer stock to cover the number and types of Coupons submitted for redemption;
(vi) Not supported by itemized invoices showing sufficient purchases of products of the Retailer within the normal redemption cycle to cover the Coupons presented for payment. Zuke’s may request supporting data, typically transaction log data, to verify actual consumer transactions for the period involved;
(vii) Submitted by a Retailer whose address or business operations cannot be verified;
(viii) Redeemed in a different area from their original distribution area (out of area Coupons)
(ix) Published elsewhere without written permission from Zuke’s;
(x) Accepted from the consumer after the stated expiration date;
(xi) Deemed to have any other indications of misredemption;
(xii) Not in accordance with this Policy.
H) Zuke’s will deny reimbursement for Coupons/Codes which exhibit signs of misredemption, including, but not limited to: accuracy or quality issues in data files, excessive or unusual patterns or redemption, use of multiple Coupons for the purchase of a single item or use of more than four identical Coupons for the purchase of more than four of the same item, and excessive “make good” Coupons or point of sale overrides.
I) Coupon reimbursement, post audit claims, penalties and deduction fees may not be deducted from Zuke’s invoices. If such deductions are made, the Retailer’s credit with Zuke’s may be suspended or shipments may be suspended until the amount is repaid including any penalties and/or deduction fees.
J) Properly redeemed Print Coupons should be sent to:
Zuke’s Inmar Dept #17800
1 Fawcett Drive
Del Rio, Texas 78840
K) The Zuke’s processing agent’s count of Coupons received will be final and shall govern the payment of Coupons under this Policy.
5. Zuke’s Audit of Retailer Records. Zuke’s reserves the right to audit the Coupon sorting or billing service of any Retailer, Clearinghouse, or agent involved in the handling or submission of Coupons. Zuke’s reserves the right to deal directly with all Retailers on all matters pertaining to any Coupon submission.
6. Retailer Payment Denial. In the event a Retailer payment is denied, the Retailer may appeal within six (6) months of the date of submission. Appeals should be forwarded in writing to the corresponding address below. Lack of action within six months of any variance constitutes your agreement with the denial or adjustment, as applicable. Appeals received after six (6) months will not be considered. Appeals should be sent to:
Zuke’s Inmar Dept #17800
1 Fawcett Drive
Del Rio, Texas 78840
7. Limitation of Liability. Zuke’s sole obligation hereunder is limited to reimbursing Retailer the amount described in Section 4(C) for all Coupons redeemed by Retailer if valid and redeemed in accordance with the terms hereof. In no event shall Zuke’s liability hereunder exceed the amount described in Section 4(C) for all valid Coupons submitted by Retailer in accordance with the terms hereof.
A) Any use of Coupons by a Retailer not consistent with these terms shall be regarded as a material breach and may constitute fraud, and Zuke’s, at its sole option, may void all Coupons such Retailer submits for redemption. Submission of Coupons not legitimately redeemed could result in prosecution under U.S. mail and/or computer fraud statutes.
B) This Policy will be governed and construed in accordance with the federal laws of the United States and the state laws of the State of Missouri. Any action or proceeding brought by any party hereto which is related to this Policy or any Coupon(s) shall be brought in a federal or state court having proper subject matter jurisdiction and governing St. Louis County, Missouri.
C) Any legal action hereunder must be brought within one (1) year of the particular submission date giving rise to the cause of action.
D) Zuke’s failure to enforce any terms or conditions of this Policy shall not constitute a waiver of them by Zuke’s. No custom or practice of the parties at variance with the terms of this Policy will constitute a waiver of such party’s right to demand exact compliance with the terms hereof.
E) This Policy may only be altered or modified by Zuke’s; moreover, Zuke’s reserves the right, in its sole discretion, and without prior notice to any party, to modify, revise or eliminate any of the provisions of this Policy.
F) Should any provision(s) of this Policy be declared invalid for any reason, such decision shall not affect the validity of any other provisions, which other provisions shall remain in force and effect as if this Policy had been agreed to with the invalid provision(s) eliminated.
If you have any questions or need further clarification, please call the Inmar Retailer Hotline at (800) 285- 7602
Last Updated May 22, 2017