NFI TERMS AND CONDITIONS

Effective Date: 3/10/2026

Welcome to Niemann Foods, Inc. (“NFI,” “we,” “our,” or “us”). We operate grocery stores under the brand names Niemanns, County Market, Harvest Market, and Haymakers (collectively, the “NFI Stores”). We have developed our websites, including https://www.niemanns.com/, https://www.mycountymarket.com/, https://www.goharvestmarket.com/, and https://www.gohaymakers.com/, (collectively, our “Sites”) to provide you with information about our company, our products, and our services. These Terms and Conditions (“Terms”) apply to your access and use of our Sites and our mobile applications (“Apps”). Thank you for visiting our Sites and shopping with us.

ACCEPTANCE OF TERMS

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITES AND THE APPS. BY ACCESSING AND USING THE SITES OR THE APPS, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH NFI IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITES OR THE APPS.

THE SITES AND THE APPS ARE NOT DESIGNED FOR USE BY CHILDREN OR MINORS. YOU MUST BE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY WHERE YOU LIVE) TO PLACE AN ORDER USING OUR SITES OR APPS. YOU MUST BE AT LEAST 21 YEARS OLD TO PURCHASE ALCOHOL.

CHANGES TO THE TERMS

WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITES OR THE APPS. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL CONSPICUOUSLY POST A NOTICE AT THE TOP OF THESE TERMS, ON THE SITES, ON THE APPS, WITH AN EMAIL, OR OTHERWISE COMMUNICATE TO YOU. BY USING THE SITES OR THE APPS AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THE SITES OR APPS, YOU AGREE THAT (1) YOU WILL RESOLVE ALL DISPUTES RELATED TO THE SITES, APPS, AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (2) YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING, AND (3) YOU WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.

COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES

WE USE COOKIES, PIXELS, BEACONS AND OTHER TRACKING TECHNOLOGIES, (INCLUDING THOSE PROVIDED BY THIRD PARTIES) (COLLECTIVELY, “COOKIES”) ON OUR SITES AND APPS. WE USE COOKIES TO COLLECT DATA ANALYTICS INFORMATION ON YOUR USAGE OF THE SITES AND THE APPS AND TO SERVE YOU WITH TARGETED ADVERTISING. 

BY VISITING AND USING OUR SITES OR OUR APPS, YOU ARE CONSENTING TO OUR USE OF COOKIES AND THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED THROUGH THE USE OF COOKIES WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE COOKIES ON OUR SITES AND APPS, PLEASE SEE OUR COOKIE POLICY.

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TERMS

  • USE OF THE SITES AND APPS

You may use the Sites and the Apps for your personal use, including to purchase groceries online, access your MaxPlus! Rewards Account, collect coupons, discover new recipes, and access our pharmacies, provided you comply with these Terms. 

  • ADDITIONAL TERMS

Additional terms and conditions apply if you use certain services made available through our Sites and Apps, or if you request a return or refund. For example, if you purchase groceries online, apply to MaxPlus! Rewards, or  use our pharmacies, additional terms apply. Additional terms also apply to the coupons, promotions, sweepstakes and contests that we make available. We use third-party partners to make some services available through our Sites and Apps. For example, our Apps are provided by our third party partner, Birdzi, Inc. When using our Apps, you must also comply with Birdzi, Inc.’s terms of use, which can be found here. 

  • PRIVACY POLICY

We collect certain personal information from and about you, including when you use the Sites or the Apps, make purchases, or otherwise communicate with us. Please see our [Privacy Policy] for more information on how we collect, use, retain, share, and disclose your personal information. 

  • INTELLECTUAL PROPERTY RIGHTS 

NFI and its licensors are the sole and exclusive owners of the Sites and the Apps. A “Site” includes the domains listed at the top of these Terms, the content of the Sites (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on each Site. Our “Apps” include each App’s content (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on each App.

The Sites and the Apps are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Sites, the Apps or the related intellectual property rights belonging to NFI or any third party is strictly prohibited. The Sites and Apps may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to NFI.

NFI’s names, trademarks, service marks, logos, insignia and other intellectual property may not be used without our express, prior written consent and may not be used in a manner that harms the trademarks, causes confusion among customers, or in conjunction with any products or services that are not ours. NFI may take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

Access to the Sites and the Apps does not confer and shall not constitute a license to anyone to use NFI’s or any third party's intellectual property rights.

  • ACCOUNTS

Certain features of the Sites and the Apps may require you to create an account with us (an “Account”). The creation and use of your Account is governed by these Terms. You agree that any information you provide in connection with your Account will be true, current and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, please contact us immediately at maxplushotline@niemannfoods.com.

  • PRODUCT INFORMATION, COLORS, AND AVAILABILITY

We use reasonable efforts to accurately display the products sold and advertised on the Sites and Apps, including their size, colors, images, and other attributes. The actual color you see for products pictured on the Sites or the Apps will depend on your monitor or mobile device. We cannot guarantee that the color of the product you choose will be identical to the color displayed on your monitor. Product descriptions are subject to change without notice. If a non-food product offered on the Sites is not described accurately, your sole remedy is to return it in an unused condition for a refund. Please see Section 10 for more details about returns and refunds. In some cases, products displayed on the Sites or Apps may be unavailable, be limited to certain areas of the country or may not be available in all stores. Sales, promotions and special offers posted on the Sites and the Apps are subject to change without prior notice. The inclusion of any products on the Sites or Apps at a particular time does not imply or warrant that those products will be available at any time.

  • ORDERS; NO RESALE; QUANTITY LIMITS

Nothing on the Sites or Apps constitutes an offer to sell products, but instead is an invitation for you to make an offer to purchase products through the Sites, the Apps or our third party partners. All offers are void where prohibited by applicable law. You may place online orders directly with us through our deli, bakery, and floral departments for pickup at the applicable NFI Store.

All orders are subject to acceptance by the applicable NFI Store as quantities are limited. By placing an order with us, you represent and warrant that all billing and other information you provide is truthful and accurate. Providing inaccurate or untruthful information is a breach of these Terms. By confirming your purchase of products during checkout, you also agree to accept and pay for the products.

The prices displayed on the Sites and the Apps are quoted in U.S. Dollars and are only valid and effective in the United States. The prices are subject to change at any time without notice. The information contained on the Sites and the Apps may contain technical inaccuracies or typographical errors or omissions. We reserve the right to reject and cancel your order for any reason including for pricing errors, insufficient or incorrect payment, billing or shipping information, suspected fraudulent activity, previous fraudulent order history, or because the order is deemed to possess characteristics of reselling. We will contact you if additional information is needed to confirm or accept an order or if any portion of your order is cancelled for any reason.

Resale of goods purchased through the Sites and the Apps is expressly prohibited. We reserve the right, in our sole discretion, to limit the quantity of items purchased by any individual, household or order. We may apply these restrictions in our sole discretion. If you are interested in purchasing a significant quantity of a particular item, please contact your local NFI Store by using the Store Locator functionality at the top right corner of the applicable NFI Store Site.

  • ONLINE DELIVERY

Depending on the NFI Store, we may offer grocery delivery through Instacart. Instacart’s shoppers pick up your orders and deliver them to your desired location. Your use of Instacart’s services is subject to their Terms and Conditions and Privacy Policy.

  • PAYMENT PROCESSING

When you place an order through our Sites or Apps, we accept payment using our PCI-compliant third-party payment processors, WooCommerce and Clover. We do not obtain your payment account information when you make a purchase through our Sites or Apps. For example, you may order items for pickup from our deli, bakery, and floral departments at the applicable NFI Store by paying with a credit or debit card, which is processed by our third-party payment processor.  

If we cancel your order and your credit or debit card has already been charged for the purchase, we will issue a credit in the amount of the charge. If the payment information you submit is incorrect or invalid, your payment will not be processed. We will not be liable if a card issuer refuses to accept a credit or debit card, or a payment processor refuses to process a transaction for any reason. 

  • RETURN AND REFUND POLICY

All requests for refunds must be made within thirty (30) days of purchase. 

Perishable items may be returned if they fail to meet quality standards, subject to the NFI Store’s discretion. Items returned must be in their original condition, unused, and with all original packaging and accessories, where applicable. Certain items may be designated as non-returnable for health, safety, or regulatory reasons. We cannot accept returns or offer refunds for alcoholic beverages, tobacco products, or any other age-restricted goods. We do not accept returns or offer refunds of baby formula or any other goods where prohibited by law. Items purchased with WIC may only be exchanged for the same item. 

Customers seeking refunds on eligible goods must present a valid receipt as proof of purchase. For purchases with a valid receipt, refunds will be issued in the original form of payment (cash, credit card, EBT card, etc.). For credit card purchases, refunds will be credited to the same account used for the purchase.

If you do not have a receipt, we may offer an exchange for the same item or an item of equal value, or issue a store gift card, at the applicable NFI Store’s sole discretion. NFI Stores reserve the right to request identification for no-receipt returns. No-receipt returns may be subject to additional limitations at each NFI Store's discretion.

We require a customer signature on all items returned over $2.00. Items returned over $10.00 may require management approval from the applicable NFI Store.

  • ACCEPTABLE USE POLICY

When you use the Sites and the Apps, including when you place orders, you are responsible for complying with all applicable laws, rules, and regulations, including the following Acceptable Use Policy regarding online conduct.

  1. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, frame, mirror, or create derivative works of the Sites or Apps or any part of the Sites or Apps without our prior written consent.
  2. You may make personal use of the Sites or Apps only and will not use the Sites or Apps for any commercial purposes.
  3. You will not use the Sites or Apps for unlawful purposes.
  4. You will only provide us with true, accurate, and complete information when you use the Sites or Apps.
  5. You will not submit inaccurate, incomplete, or out-of-date information via the Sites or the Apps to commit fraud or falsify data, or act maliciously against the business interests or reputation of NFI or its affiliates.
  6. You will not engage in data mining, data scraping (automated or manual) or similar data gathering or extraction activities or retrieve data or other content from the Sites or the Apps. You will not access, use, or copy any portion of the Sites or Apps, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  7. You will not collect or store information about users of the Sites or Apps in any manner.
  8. You will not use the Sites or Apps to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.
  9. You will not engage in activities designed to render the Sites, the Apps, an Account, or any associated computer systems inoperable or to make their use more difficult.
  10. You will not attempt to gain unauthorized access to the Sites, the Apps, an Account or any associated computer systems.
  11. You will not use the Sites or the Apps in a manner which is contrary to the purposes for which it was made available to you by us, or for any purpose that we deem objectionable.
  12. You will not submit or incorporate all or a portion of the Sites, the Apps, and any related content into any large learning models, algorithmic software programs, data sets, or other artificial intelligence model or system.
  • USER CONTENT

You may be able to post certain reviews, comments, photographs or other materials (collectively, “User Content”) in connection with your use of the Sites, the Apps or through social media sites.

You grant NFI, its affiliates and our third-party service providers who provide hosting and content management services to us the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Content in any manner and for any purpose in our sole discretion.

You grant us the right to use your username, social media handle, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.

By submitting User Content or other information to us, whether through our Sites, through our Apps or via social media, you represent and warrant that: (i) you own or have all legal rights to submit the User Content; (ii) you have permission from all person(s) appearing in your User Content necessary for us to use such User Content without need for payment to you or any other person or entity; (iii) you and all person(s) appearing in your User Content are not minors; (iv) our use of the User Content will not violate the privacy or intellectual property rights of any third party; (v) your User Content will not contain personal information or the likeness of another person without their prior express written consent; (vi) your User Content may not include material that is unrelated to the products offered by or available on the Sites; (vii) the User Content may not be false or misleading; (viii) the User Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful; and (ix) you comply with our Acceptable Use Policy. Do not submit reviews for products you have not purchased or used.

We have no obligation to compensate you or any third party for User Content, to use or respond to your User Content, or to identify you in connection with any such use. We may remove or reject User Content at any time.

  • USER CONTENT DISCLAIMER

The User Content represents the views of the user and may not represent the views of NFI. We do not endorse the User Content. We cannot confirm the accuracy or credibility of any User Content, and we will not be liable to you or any third party for any actions you may take as a result of reading or using User Content. While we prohibit certain User Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.

  • FEEDBACK

NFI welcomes comments regarding the Sites, the Apps and our products and services. If you submit comments or feedback to us regarding the Sites, the Apps or our products and services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.

  • DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any materials on or linked to the Sites or Apps infringe your valid copyright, NFI will respond to notices (and counternotices) of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) as described below.

If you believe in good faith that our Sites or Apps contain your copyrighted material(s) in a way that constitutes copyright infringement, please provide NFI’s designated copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NFI that you allege that your copyrighted material has been infringed. NFI does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. 

If we receive a clear and valid notice pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content or blocking access to it. We may contact the notice provider to request additional information. 

Under the DMCA, NFI is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). 

The Alleged Infringer is allowed under the law to send us counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). 

Anyone making false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by regular mail or email only. We reserve the right to disregard a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

It is our policy, in appropriate circumstances, to disable and/or terminate the Accounts of repeat infringers.

A DMCA notice must:

  • Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
  • Identify the content that the copyright owner claims is infringing upon a copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Sites or the Apps. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
  • Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
  • If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
  • Include the following statement: “I have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
  • Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
  • Be signed; and
  • Be sent to our DMCA designated agent at the address listed in this Section below.

DMCA Counter Notification

If you believe that your copyrighted material was removed or access to it was disabled by mistake, you may file a counter notification by submitting written notification to our copyright agent designated below in this section. 

The Counter Notice must:

  • Be signed;
  • Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  • Contain adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
  • Include the following statement under penalty of perjury: “I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
  • Include a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against the Alleged Infringer within ten business days of receiving the copy of your Counter Notice.

If you knowingly materially misrepresent that material or activity on the Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.

The designated agent to receive notices and counter notices is:

Niemann Foods Inc.

ATTN: Director of Risk Management

1501 N 12th St., Quincy, IL 6230

Phone: 1-888-722-6629

E-Mail: riskmanagement@niemannfoods.com

  • SOCIAL MEDIA

We may provide links to our social media pages (e.g., Facebook, X (formerly Twitter), Instagram, TikTok, Pinterest, and YouTube) on the Sites and the Apps. Because anyone may post or tag on social media pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our social media pages in our sole discretion. We may also take steps to block users from access to our social media pages who violate these Terms or the terms of the social media platform. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a social media page, that is not an endorsement of that third party or any product, service or company they represent.

  • NO PROFESSIONAL HEALTH CARE ADVICE ON THE SITES OR THE APPS

The health-related information contained on the Sites and in the Apps is for informational purposes only and is not meant to replace the advice of health care professionals. We do not provide health care or medical advice through the Sites or the Apps. Accessing or using the Sites or the Apps does not create a professional-patient or similar relationship between you and NFI. Please see a doctor or other health care provider for health care advice. Without limiting the foregoing, you should consult your doctor for medical advice or services, including seeking advice regarding a medical condition, illness, treatment and prior to undertaking a new diet or exercise program or utilizing any related services through the Sites or the Apps. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites or Apps.

IF YOU ARE EXPERIENCING A MEDICAL CRISIS, PLEASE CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

  • DISCLAIMER OF WARRANTIES

THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NFI EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COURSE OF DEALING AND USAGE IN TRADE.

NFI does not warrant or guarantee that (a) the Sites or the Apps will meet your needs or be compatible with any standards or user requirements, (b) the Sites or the Apps will be available, uninterrupted or error-free, (c) any defects in the Sites or Apps will be corrected, or (d) the Sites, the Apps or the servers that make the Sites and the Apps available are free of viruses or other harmful conditions or components. Your use of the Sites or Apps is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Sites or the Apps.

NFI makes commercially reasonable efforts to ensure that the Sites and Apps contain information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Sites or the Apps including any inaccuracies, typographical errors, or misstatements.

NFI expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. NFI has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from NFI or in any manner from the Sites or Apps create any warranty.

NFI expressly disclaims any liability for claims arising from or related to the use of Cookies on our Sites or our Apps.

  • LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NFI, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “NFI PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) ANY PRODUCTS PURCHASED FROM THE SITES OR USING THE APPS, (B) THE SITES OR THE APPS, (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITES OR THE APPS (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SITES OR THE APPS), (D) USE OF YOUR ACCOUNT, (E) THE USE OF COOKIES ON THE SITES OR IN THE APPS, OR (F) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF NFI IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN NFI PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE SITES OR THE APPS OR TO RETURN THE UNUSED, UNDAMAGED, OR DEFECTIVE PRODUCT AND TO REQUEST A REFUND FOR SUCH APPLICABLE PRODUCT PURSUANT TO OUR REFUND POLICY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITES, THE APPS, THE COOKIES ON THE SITES OR APPS, OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE. 

  • INDEMNIFICATION

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NFI AND THE NFI PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITES, THE APPS OR USER CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SITES, THE APPS OR USER CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR ACCOUNT; (D) YOUR SUBMISSION OF USER CONTENT; (E) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (F) YOUR INFRINGEMENT OR MISAPPROPRIATION OF NFI’S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (G) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; (H) YOUR VIOLATION OF THESE TERMS; OR (I) USE OF COOKIES ON THE SITES OR THE APPS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OF NFI AND THE NFI PARTIES).

  • DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY
  •  WAIVER OF RIGHTS.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SITES, THE APPS, USER CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH NFI, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

  • ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
  • ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

  • THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT. 
  • THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
  •  Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.


  •  Mutual Arbitration Agreement. 
  1. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section 21 (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
  2. AAA Proceedings. Either you or NFI may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800)-778-7897 or online at www.adr.org or we can assist you in contacting AAA.
  3. Scope of Arbitrator’s Decision Making. The parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
  4. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
  5. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law. 
  6. Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party. 
  7. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
  8. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
  9. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. 
  10. The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.
  11. NFI does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Section 21. If the batching provision in Section 21.3.viii is found to be invalid, unenforceable or illegal, then Section 21 shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.
  12. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. NFI and the counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator will be selected.
  13. The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opts out and we cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
  14. Opt-Out. If you wish to opt-out of this Arbitration Agreement, you must provide us your notice to opt-out within 30 days of the first date you visit or use our Sites. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

Niemann Foods, Inc.

ATTN: Legal Department

1501 N 12th St., Quincy, IL 6230

  1. If you opt-out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver in Section 21.1.
  2. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Sites, the Apps, your Account, and User Content.
  3. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
  4. Applicable Law. Illinois law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.
  • GOVERNING LAW; VENUE

Except for (a) claims subject to binding arbitration and (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of Illinois, without regard to its conflict of laws principles. Except with regard to Disputes which are subject to arbitration under these Terms, venue for any other Dispute arising under these Terms is exclusively in the state or federal courts located in Quincy, Illinois. You expressly agree to the exclusive jurisdiction and venue of those courts. Where permitted by law, any cause of action or other claim with respect to the Sites or the Apps must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to these Terms..

  • THIRD-PARTY LINKS

Links to third party websites from the Sites or the Apps are provided solely as a convenience to you. NFI has not reviewed each website for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk and NFI shall have no liability arising out of the operation or content of such third-party websites.

  • COOPERATION WITH LAW ENFORCEMENT

NFI will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Sites, the Apps, or with regard to our products. YOU WAIVE AND HOLD NFI AND THE NFI PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

  • UNAVAILABILITY

The Sites, the Apps or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Sites, the Apps or your Account, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

  • NOTICE TO INTERNATIONAL USERS

The Sites and Apps are hosted on servers located in the United States and are intended to be viewed only by residents of the United States. We reserve the right to host the Sites and Apps on servers located in countries other than the United States. We do not guarantee that the Sites, the Apps or the sale of our products are permitted in any country outside of the United States and we may refuse any orders from outside of the United States in our sole discretion.

  • SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY
  1. Acknowledgement. The Apps may be available through the Apple App Store or Google Play. You understand that these Terms are between you and NFI, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). NFI, not an App Distributor, is solely responsible for the Apps. In the event that the rules and restrictions in these Terms related to your use of the Apps conflicts with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
  2. Scope of License. The licenses granted to you for the Apps in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions. 
  3. Maintenance and Support. NFI is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
  4. Warranty. NFI is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event an App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be NFI’s sole responsibility.
  5. Product Claims. You and NFI acknowledge that NFI, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Apps, including any (1) product liability claims; (2) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
  6. Intellectual Property Rights. NFI, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Apps and you must comply with applicable App Distributor’s terms when using the Apps.
  7. Third-Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Apps, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.
  • MISCELLANEOUS 
  1. Termination. If you violate applicable laws or these Terms in connection with the use of the Sites, the Apps, or your Account, you are immediately prohibited from further use of the Sites, the Apps or your Account. NFI may suspend or terminate the Sites, the Apps or your Account, in whole or in part, at any time. NFI shall not be liable to you or anyone else for any damages arising from or related to our suspension or termination of your access to the Sites, the Apps or your Account, or in the event NFI modifies, discontinues or restricts the availability of the Sites, the Apps or your Account (in whole or in part).
  2. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void. 
  3. No Third-Party Beneficiaries. Except as otherwise provided in Sections 27 and 28.7, these Terms do not confer any rights, remedies, or benefits upon any person other than you and NFI. 
  4. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and NFI with respect to your access to and use of the Sites and the Apps. 
  5. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by NFI. 
  6. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. 
  7. Successors and Assigns. These Terms inure to the benefit of NFI’s successors and assigns. 
  8. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, and dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Sites or the Apps. 
  9. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and NFI may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
  • JOB APPLICATIONS

You can explore job opportunities and apply for jobs when accessing the Careers page on the Sites, which redirects you to a third-party website run by TalentReef. You must comply with such third party’s terms and conditions located in the footer of such page when applying for jobs online. Do not apply for a job for any other person. You agree that all information you provide is current, accurate, and complete. Your submission of a job application does not require NFI to consider your application. Career opportunities and descriptions are subject to change in our sole discretion without notice.

  • CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact us with questions or comments regarding these Terms by email at

maxplushotline@niemannfoods.com or calling us at 1-888-722-6629.