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MFA REWARDS TERMS AND CONDITIONS
Last updated October 8, 2026
These MFA Rewards Terms and Conditions (“MFA Rewards Terms” or “Terms”) govern the MFA Rewards Program (the “Program”) and your participation in the Program, and the rights, privileges, limitations, and obligations associated with Program membership. These terms are between you and MFA Incorporated (“MFA”, “we”, “us”, or “our”). PLEASE READ THESE MFA REWARDS TERMS BEFORE PARTICIPATING IN THE PROGRAM, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE A BINDING CONFIDENTIAL ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY ENROLLING OR PARTICIPATING IN THE PROGRAM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE MFA REWARDS TERMS. If you do not agree to these MFA Rewards Terms, then you should not enroll or otherwise participate in the Program.
TABLE OF CONTENTS
1. Privacy & Additional Terms
MFA's collection, use, and disclosure of your personal data is governed by our Privacy Policy, which is incorporated by reference into these MFA Rewards Terms. In addition, your use of our Services as defined in MFA’s Privacy Policy, including the mfa-inc.com website and the MFA Connect website and MFA Connect mobile application (the “Platform”), in connection with the Program which is subject to such Terms of Service, which are incorporated by reference into these MFA Rewards Terms.
2. Modifications & Cancellation
We reserve the right to modify, restrict, or cancel the Program, the Program Benefits (as defined herein below), or any portion thereof, and/or to modify these MFA Rewards Terms (and any customer service policies or other documents related to the Program) at any time in our sole discretion with or without notice to you, provided that we will provide notice of any modifications to these Terms by posting the modified version at https://mfa-inc.com/rewards/terms-and-conditions (or any other URL MFA may designate from time to time), together with a revised “Last updated” date. In addition, we may elect to send a mail or email communication notifying Program Members of the modifications, but we are not obligated to do so, and you hereby waive any right you may have to receive such notice. You should check this page periodically to see if any recent changes to the MFA Rewards Terms have occurred. By participating in the Program, including redeeming or using any Program Benefits, after we post any such changes, you agree to the MFA Rewards Terms as modified. Any Tier status, Program Benefits, or other Program rights or privileges, whether earned, accrued, awarded, or issued before or after any modification of these MFA Rewards Terms, shall be subject to the MFA Rewards Terms in effect at the time such Tier status, Program Benefits, or other rights or privileges are redeemed, used, applied, exercised, administered, adjusted, or otherwise utilized in accordance with these Terms.
3. Eligibility
To be eligible for Program membership, you must: (i) be an individual at least 18 years of age or over the age of maturity in the state or county in which a Program Member is a resident or citizen; (ii) enroll for this Program through the Platform; (iii) provide all required enrollment information; and (iv) be in good standing with your MFA account. Except as otherwise provided in these MFA Rewards Terms, business entities are eligible to participate in the Program, provided an authorized representative completes the enrollment process as set forth in these Terms. Upon successful enrollment in the Program as set forth herein, an individual or business entity becomes a “Member.” MFA reserves the right, in its sole discretion, to establish and modify eligibility requirements for Program participation and may exclude, deny, limit, suspend, or terminate participation in the Program for employees, individuals, business entities, or other persons or entities at any time and for any reason permitted by applicable law.
By enrolling in the Program, you are certifying that you meet all eligibility criteria. In addition, if you are enrolling on behalf of a business entity, you are certifying that you are authorized to bind, and do hereby bind, the business entity to these Terms.
4. Enrollment & Rewards Pool
4.1 Enrollment: There is no charge to enroll and participate in the Program.
You can enroll in the Program by creating an MFA Rewards account (the “Program Account”): (i) in store (“Retail Location”), by working with an MFA employee to complete Program enrollment within the Platform; (ii) by completing the Program enrollment process via the MFA Connect mobile application, which is available for download at the Apple® App Store for iOS devices and the Google Play™ store for Android™ devices; or (iii) by completing the Program enrollment process on the MFA Connect website. Program enrollment in the MFA Connect mobile application or on the MFA Connect website requires a pre-existing MFA Connect online account (“MFA Connect Account”). If you don't have an MFA Connect Account, you can open one at no charge by completing the MFA Connect Account enrollment process in the MFA Connect mobile application or on the MFA Connect website at: https://connect.mfa-inc.com/.
All required information must be provided, including full name, business name (if applicable), valid mailing address, and phone number. Additional required information may be identified during the enrollment process. Each Program Member is limited to a single Program Account, and MFA may elect to terminate duplicate Program Accounts. Only a Program Member with a Program Account in good standing can participate in the Program.
4.2 Rewards Pool: MFA may, in its sole discretion, permit two or more eligible Members to establish a pooled rewards account (a “Rewards Pool”) through the Platform or such other process as MFA may establish from time to time. Participation in a Rewards Pool is voluntary and subject to MFA approval and continued compliance with these Terms.
MFA reserves the right to impose eligibility requirements, participant limits, ownership requirements, documentation requirements, and operational rules governing each Rewards Pool.
Each Rewards Pool must designate one Member of the Rewards Pool as the authorized administrator of the Rewards Pool (the “Pool Administrator”). All Members of the Rewards Pool must acknowledge and agree to the Pool Administrator as well as agreeing to be a part of the Rewards Pool. The Pool Administrator shall have authority to (i) enroll or remove Member participants (subject to MFA procedures); (ii) request changes to Rewards Pool; (iii) manage and redeem Points or Rewards, as applicable; (iv) provide instructions concerning pool administration; and (v) otherwise act on behalf of all pool participants in the Rewards Pool, subject to these Terms. MFA may rely conclusively upon instructions received from the Pool Administrator and shall have no duty to investigate the authority of the Pool Administrator. If the Pool Administrator deceases, resigns, dissolves, is put in receivership, or is the subject of bankruptcy, MFA may designate a procedure for a replacement Pool Administrator if one is not designated by the remaining Rewards Pool participants.
MFA does not determine ownership of Points among Rewards Pool participants. A Rewards Pool is not a Program Account and participation in a Rewards Pool shall not be deemed to create an additional Program Account. Participation in a Rewards Pool does not create property rights in any specific Point balance or Reward. MFA's records shall control for all Program administration purposes. All disputes concerning ownership, allocation, distribution, contribution, entitlement, redemption, or use of pooled Points shall be resolved exclusively among the Rewards Pool participants. MFA shall have no responsibility or liability for any such dispute.
Subject to procedures established by MFA, a participant may request withdrawal from a Rewards Pool. Upon MFA’s approval, in its sole discretion for withdrawal or removal of a participant in a Rewards Pool, MFA may determine in its sole discretion: whether Points remain with the Rewards Pool; whether Points are reallocated; whether Points are forfeited; or whether other adjustments are appropriate. MFA's determination shall be final for Program administration purposes and is solely for program administration purposes and shall not constitute a determination of legal ownership. MFA's administration of any Points related to Rewards Pool is solely ministerial and administrative. MFA shall not act as trustee, fiduciary, escrow agent, stakeholder, arbitrator, or adjudicator of any dispute involving a Rewards Pool or Points associated therewith.
MFA reserves the right to limit eligibility for Rewards Pools, including limiting participation to Members with common ownership, common control, family relationships, farming operations, or other criteria established by MFA.
For information on Retail Locations near you, please contact Customer Support.
5. Earning Points & Membership Tiers
5.1 Earning Points: Members earn Program points (“Points”) by making qualifying purchases or qualifying grain deliveries, each as determined by MFA in its sole discretion, on the MFA Connect website, the MFA Connect mobile application, or at Retail Locations. MFA may determine how Points are earned on qualifying purchases or qualifying grain deliveries, less any discount, coupon, returns, credits, or other in-store promotion and/or any other price adjustment made at time of purchase. Points may accrue at a varying rate, as set by MFA from time to time, on certain qualifying purchases or qualifying grain deliveries. Points will not accrue, and previously awarded Points may be deducted, for any returns, credits, refunds, chargebacks, or voided transactions. Points may be suspended if the Program participant’s MFA account becomes delinquent or is no longer in good standing.
MFA shall have the sole and exclusive authority to determine whether a purchase or grain delivery is considered a qualifying purchase or qualifying grain delivery for purposes of the Program. MFA may establish, modify, interpret, suspend, limit, or discontinue the criteria for qualifying purchases or qualifying grain deliveries at any time in accordance with these Terms.
For purposes of earning Points, qualifying purchases and qualifying grain deliveries exclude without limitation: (i) taxes; (ii) charitable donations; (iii) finance service fees or finance charges; (iv) any merchandise purchased from non-MFA businesses; (v) any merchandise that a Retail Location, in its sole discretion, elects to exclude from time to time; (vi) any merchandise that MFA, in its sole discretion, elects to exclude from time to time; (vii) shipping charges; (viii) payments on third-party financing accounts, including without limitation Cooperative Finance Association, Inc. (CFA), John Deere Financial (JDF), and De Lage Laden Financial Services, Inc. (DLL), credit card payments, finance and interest charges, and late fees; (ix) any purchase made on any website or application other than the MFA Connect website or MFA Connect mobile application; (x) in-store purchases at MFA retailers or affiliates that don’t participate in the Program; (xi) other licenses and permits; (xii) any purchase required to be excluded by applicable law; and (xiii) any purchase of a third-party brand that is excluded. See your Retail Location for details.
If MFA permits participation in a Rewards Pool, Points earned by individual participating Members may be allocated to the Rewards Pool in accordance with procedures established by MFA.
Notwithstanding participation in a Rewards Pool, MFA may maintain records identifying the originating Member account from which Points were earned. MFA may, in its sole discretion, reverse, reallocate, suspend, or remove Points attributable to returns, credits, refunds, chargebacks, billing adjustments, delinquent accounts, fraud investigations, or other circumstances affecting a participating Member, whether or not such Member participates in a Rewards Pool.
Participation in a Rewards Pool does not guarantee that Points earned by one participating Member will remain available to the pool, and MFA reserves the right to adjust pooled Points at any time consistent with these Terms.
Except as MFA may permit on a case-by-case basis in its sole discretion, Points will not be awarded retroactively. To earn Points for qualifying purchases or qualifying grain deliveries on the Platform or at a Retail Location, at the time of purchase you must have an MFA Merchant account and be active in the Platform, which is linked to your enrolled Program Account and MFA Merchant account.
In addition, from time to time, MFA may elect to award Points in connection with Member Offers (as defined below). Please review the terms of each Member Offer for specific terms, limitations, restrictions, and/or exclusions, including expiration dates and channels/locations.
Points will typically appear in your account within thirty (30) business days of the date of your qualifying purchase for in-store purchases, for qualifying purchases placed online, or for qualifying grain deliveries, but may not be immediately redeemable as set forth in these Terms. Within thirty (30) business days of date of an invoice payment on qualifying products the Points may be redeemed. Points earned in connection with Member Offers will typically appear within the timeframe identified in the applicable Member Offer, or if no timeframe is identified, within thirty (30) business days of an invoice payment on qualifying products of the Member Offer. If you feel Points were not properly credited to your Program Account, you must notify us by contacting Customer Support within thirty (30) days of the date on which such Points should have been awarded per these MFA Rewards Terms or, if applicable, the terms of the Member Offer.
MFA reserves the right to establish and modify maximum Point balances for individual Program Accounts and Rewards Pool. Unless otherwise specified by MFA, no Program Account or Rewards Pool may earn more than 150,000 Points during a Program Year. Once the applicable maximum Point balance is reached during the applicable Program Year, additional qualifying purchases or qualifying grain deliveries during said Program Year may not generate additional Points. Upon the commencement of each new Program Year, the annual Point accumulation limitation shall reset and a Member or Rewards Pool may begin earning Points toward the annual Points limitation for the new Program Year. MFA may modify the maximum Point balance from time to time in accordance with these Terms.
You agree that our determination with respect to Points earned shall be final. Points reflected in our records shall be deemed correct, and we shall have the right to determine the Points to be awarded to you and to adjust or void Points at any time, consistent with these MFA Rewards Terms.
5.2 Membership Tiers: MFA may establish one or more membership tiers within the Program for the Members or a Rewards Pool (each, a "Tier" and collectively, the "Tiers"), including but not limited to Bronze, Silver, and Gold Tiers. Tier qualification may be based upon a Member's or Rewards Pool’s dollar amount of qualifying purchases, amount of qualifying grain deliveries, Point accumulation, participation level, account activity, Rewards Pool activity, account standing, or other criteria established by MFA in its sole discretion.
MFA reserves the right to determine and modify the qualification requirements, spending thresholds, accumulation periods, qualification periods, Tier benefits, earning rates, and all other rules applicable to the Tiers from time to time in accordance with these Terms.
A Member or Rewards Pool earns Program Points based upon their applicable Tier at the time of a qualifying purchase. Point accumulation rates may differ among Tiers and may be modified by MFA from time to time.
For example, Members or Rewards Pool may earn Points at different accumulation rates depending upon whether they qualify for Bronze, Silver, or Gold Tier status.
MFA reserves the right to establish, revise, suspend, or eliminate Point accumulation rates associated with any Tier. A Member participating in a Rewards Pool cannot earn Points for its individual account and a Rewards Pool it is participating in simultaneously based off the same qualifying purchases or same qualifying grain deliveries.
Member or Rewards Pool Tier status may increase or decrease as qualification requirements are satisfied or no longer satisfied. MFA may reclassify a Member’s or Rewards Pool’s Tier status at any time based upon the qualification criteria then in effect and in accordance with these Terms.
Unless otherwise specified by MFA, Tier qualification shall be determined based upon qualifying activity occurring during the applicable Program Year. Tier status shall be reset at the beginning of each Program Year based upon the qualification criteria then in effect.
Please login to your MFA Connect Account or contact Customer Support for information on your Point balance.
6. Earning & Redeeming Rewards
Earned Points may be redeemed on future invoices with a cash value of $.10 per Point (the “Rewards”) or the rate currently established by MFA at the time solely within the Program for accrual purposes, subject to these Terms, and have no independent cash value. MFA does not issue partial or fractional Rewards. Members must meet a minimum of 2,500 Points and pay the invoice of qualified products before being eligible to redeem the earned Points as a Reward.
Rewards are processed during the week in which the eligible Points are redeemed after meeting the minimum of 2,500 Points and upon payment in full of invoices from which Points accrue. Points are automatically deducted from your Program Account for issued Rewards, and the issued Rewards are automatically applied to your Merchant Account as a credit. Please allow 3-5 business days for such credit to show up on your Merchant Account. You cannot elect to retain the Points in your Program Account instead of receiving a Reward. Rewards are NOT available in digital or print versions. MFA, in its sole discretion, may immediately suspend or terminate your Program Account and your participation in the Program if you attempt to redeem any Reward more than once.
Whether redeemed in the MFA Connect website or MFA Connect mobile application, Rewards can be applied toward the purchase of eligible merchandise or services only. Eligible merchandise excludes, without limitation: (i) extended warranties; (ii) gift cards; (iii) licenses and permits; (iv) payments on third-party account (JDF, CFA, DLL, or other third-party financing); (v) previously purchased merchandise; and (vi) taxes. Additional exclusions may apply as determined by MFA or applicable law. In addition, MFA may, but is not obligated to, permit online redemption of Rewards on excluded items.
Rewards may be used in conjunction with other offers unless prohibited by the terms of such other offers. Rewards are allocated pro rata across all eligible merchandise and will not be replaced if eligible merchandise is returned, provided that if a Program Member redeems a Reward toward an online order of eligible merchandise and the full order is cancelled prior to fulfillment, MFA will reissue to the Program Member’s Program Account Points equivalent to the value of such Reward. Rewards can be used until their expiration date, unless sooner redeemed.
7. Additional Program Benefits
MFA, in its sole discretion, may offer additional benefits to Program Members from time to time. These additional benefits may include:
Instant Savings:
Instant Savings are subject to product availability. Not all Retail Locations offer all Instant Savings. See each Instant Savings offer for any specific terms, limitations, and/or exclusions, including redemption channels and expiration dates.
Offers and coupons exclusively for Program Members:
From time to time, MFA may elect to make special offers, coupons, or promotions (collectively, “Member Offers”) available to Program Members. Member Offers may include, but are not limited to, bonus Point awards and discount coupons. Member Offers are made in MFA’s sole discretion, may not be offered or awarded to all Program Members, and are subject to the terms of the Member Offer. MFA may withdraw Member Offers at any time, with or without notice, provided that Member Offers with a specified expiration date will, in the absence of error, fraud or other misconduct, remain valid through such expiration date. See each Member Offer for any specific terms, limitations, and/or exclusions, including redemption channels and expiration dates. Please see Section 8 below for additional information regarding certain Member Offers.
Proof of Program membership may be required to take advantage of Program Benefits. PLEASE KEEP YOUR PROGRAM ACCOUNT INFORMATION, INCLUDING MAILING ADDRESS, EMAIL ADDRESS, AND BIRTH MONTH, CURRENT AND COMPLETE TO ENSURE YOU RECEIVE PROGRAM BENEFITS. MFA IS NOT LIABLE FOR ANY PROGRAM BENEFITS YOU MAY MISS DUE TO INCOMPLETE OR INCORRECT PROGRAM ACCOUNT INFORMATION.
8. MFA Rewards Program Promotional Member Offers
From time to time, MFA may make Member Offers without a fixed expiration date to give Members the opportunity to earn additional Rewards (“Bonus Rewards”). Members should read each offer carefully for important conditions or limitations, such as blackout periods, Bonus Rewards limits, or exclusions. Members may have to register to qualify for the offer. We may change or withdraw an offer at any time without notice, but this will not affect any Bonus Rewards already earned. Certain offers may only be communicated via email. MFA may terminate such Member Offers at any time in its sole discretion, unless otherwise expressly provided in the terms applicable to such Member Offers.
9. Expiration
Points: Points earned during a Program Year shall remain available for redemption through December 31 immediately following the end of that Program Year, unless sooner redeemed, forfeited, suspended, adjusted, or voided pursuant to these Terms. For example, Points earned during the Program Year beginning September 1, 2026 and ending August 31, 2027 shall expire on December 31, 2027, unless redeemed, forfeited, suspended, adjusted, or voided earlier pursuant to these Terms. At the commencement of a new Program Year, annual Point accumulation totals and Tier qualification measurements shall reset; however, unused Points from the prior Program Year may continue to be redeemed until their applicable expiration date. You can obtain information regarding Point expiration dates through your MFA Connect Account. The expiration date will appear in the MFA Connect Account.
Member Offers: Any Points earned from a Member Offer shall expire as set forth in this section above herein.
PROGRAM BENEFITS WILL ISSUE AND EXPIRE ACCORDING TO THESE MFA REWARDS TERMS. PLEASE KEEP YOUR PROGRAM ACCOUNT INFORMATION COMPLETE AND CURRENT TO ENSURE YOU RECEIVE PROGRAM BENEFITS.
10. Additional Exclusions & Limitations
Points, Rewards, Member Offers, and all other Program benefits (collectively, “Program Benefits”) are subject to (i) the exclusions, conditions, and limitations specified in these MFA Rewards Terms, (ii) availability, and (iii) the terms applicable to the particular Program Benefit. See each Program Benefit for any specific terms, limitations, restrictions, and/or exclusions, including redemption channels and expiration dates. Program Benefits are void where prohibited.
Not all Program Benefits may be made available to all Program Members. MFA may alter the Program and the Program Benefits at its sole discretion. Please consult Customer Support for details.
11. Value & Transfer
Except as expressly permitted through an MFA-authorized Rewards Pool, any Points, Rewards, Member Offers, Program Accounts, and other Program Benefits: (i) have no independent cash value; (ii) cannot be exchanged for cash, in whole or in part; (iii) cannot be transferred, assigned, shared, purchased, bartered, pledged, encumbered, sold, or otherwise conveyed to any person or entity; and (iv) have no value outside of the Program. At our discretion we may, but are not obligated to, replace unredeemed lost or stolen Points that have not expired. The accumulation of Points does not entitle you to any vested rights with respect to Points, Rewards, or any other Program Benefits.
Participation in a Rewards Pool shall not create any ownership, partnership, joint venture, fiduciary, trust, or agency relationship between MFA and any participating Member, nor shall it create any obligation for MFA to determine ownership interests among Rewards Pool participants. A Member's Program membership, Program Account, and Program Benefits remain subject to these Terms whether or not the Member participates in a Rewards Pool.
Except as expressly permitted through an MFA-authorized Rewards Pool, a Member’s Program membership, Program Account, and Program Benefits are for the use of the named Program Member only and cannot be sold, shared, assigned, bartered, or otherwise transferred. In the event of a divorce of a Program Member, the named Program Member retains all Program Benefits unless otherwise provided by a valid and final court order submitted to MFA. Except as otherwise expressly permitted by MFA or an authorized Rewards Pool, Program Benefits are personal to the enrolled Member and are not transferable by operation of law or otherwise. Upon the death, dissolution, bankruptcy, receivership, or termination of a Member, all Program Benefits shall terminate and be forfeited. Notwithstanding the foregoing, MFA may, in its sole discretion and upon such documentation as MFA may require, permit the transfer or reinstatement of some or all Program Benefits to a surviving spouse, successor farming operation, estate representative, trust, or other person or entity designated by MFA. MFA shall have no obligation to permit any such transfer or reinstatement. The death of an individual or entity participant in a Rewards Pool shall not automatically result in forfeiture of Points allocated to the Rewards Pool, and MFA may continue the Rewards Pool in accordance with its records and procedures.
12. Program Year; Program Accounts; Program Account Termination; & Program Cancellation
For purposes of the Program, a "Program Year" means the twelve-month period beginning on September 1 and ending on August 31 of the following year. MFA may establish a shortened or transitional Program Year in connection with a launch, modification, suspension, or termination of the Program. Unless otherwise expressly provided by MFA, annual Point accumulation limits, Tier qualification determinations, Tier status reviews, and other annual Program calculations shall be determined by reference to the applicable Program Year.
You are solely responsible for the accuracy and completeness of the information you supply in connection with your Program Account. Failure to keep your Program Account information current and complete may result in forfeiture or lapsing of Program Benefits. You may access and update your information and access your Program Account status, including Points earned, by contacting Customer Support. You can also access and update some Program Account information online by logging into your linked MFA Connect Account on the online website or mobile application.
You may terminate your Program Account at any time by contacting Customer Support. MFA may suspend or terminate your Program Account and your participation in the Program and/or suspend or void any or all Program Benefits at any time, with or without notice to you and without liability or obligation to you, if we determine, in our sole discretion, that (i) you are ineligible for the Program; (ii) you have violated these MFA Rewards Terms or the Terms of Service; (iii) you have provided false information to MFA or its affiliates; (iv) you have engaged in illegal or fraudulent conduct or conduct that is dangerous, deceptive, improper, or objectionable; or (v) it is advisable to protect the interests of MFA, our locations, employees, customers, Program Members, or any third party.
In the event we cancel the Program, your Program Account will automatically terminate upon the effective date of Program cancellation.
Participation in a Rewards Pool does not alter MFA's right to suspend, terminate, adjust, or void the Program Account, Points, Rewards, or other Program Benefits associated with any participating Member account.
If a participating Member's account becomes ineligible, delinquent, suspended, terminated, or no longer in good standing, MFA may, in its sole discretion, remove, suspend, withhold, adjust, or reverse any Points associated with that Member, whether or not such Points have been allocated to a Rewards Pool.
Termination of a participating Member's Program Account may result in the forfeiture or removal of Points associated with that Member from the Rewards Pool.
MFA may suspend, dissolve, or terminate a Rewards Pool at any time. Upon termination of a Rewards Pool, any remaining Points shall be handled in accordance with MFA records and procedures then in effect, and MFA shall have no obligation to redistribute Points among pool Member participants.
Upon termination of your Program Account for any reason, your membership in the Program terminates and all Program Benefits, including Points and Rewards, are voided.
13. Errors & Misconduct
We reserve the right, in our sole discretion, to adjust, postpone, suspend, or void your Program Benefits, including Points and Rewards, and/or to suspend, revoke, or cancel your MFA Rewards status and/or Program Account at any time, with or without notice, in the event of actual or suspected (i) human or technical errors; (ii) technical disruptions; (iii) misconduct, fraud, or other activity that impairs the administration, security, integrity, or proper use of the Program, any Program Benefits, or any property of MFA or its affiliates. In addition, we reserve the right, in our sole discretion, to adjust, suspend, postpone, or void your Program Benefits, including Points and Rewards, and/or to suspend, revoke or cancel your MFA Rewards status and/or Program Account at any time, with or without notice, for any other reason we deem appropriate.
14. Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND ALL RELATED PRODUCTS, SERVICES, AND PROGRAM BENEFITS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MFA, ITS AFFILIATES, ITS RETAILERS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LAW OR EQUITY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, ARISING FROM THE PROGRAM OR YOUR USE OF THE PROGRAM OR ANY PRODUCTS, SERVICES, OR PROGRAM BENEFITS RELATED THERETO, INCLUDING DIRECT, INDIRECT, THIRD PARTY, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MFA, ITS AFFILIATES, ITS RETAILERS AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND VENDORS, SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR OR IN CONNECTION WITH: (i) YOUR PARTICIPATION IN THE PROGRAM, (ii) YOUR USE OF ANY PRODUCTS, SERVICES, OR PROGRAM BENEFITS RELATED TO THE PROGRAM, (iii) ANY UNAUTHORIZED ACCESS TO OR UNAUTHORIZED USE OF YOUR PROGRAM ACCOUNT OR PROGRAM BENEFITS, OR (iv) TERMINATION OF YOUR PROGRAM ACCOUNT OR CANCELLATION OF THE PROGRAM.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY.
15. Arbitration Agreement; Prohibition of Class and Representative Actions and Non-Individualized Relief
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and MFA each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
YOU AND MFA AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE BETWEEN US IN CONNECTION WITH THE PROGRAM WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND MFA HAVE AGAINST EACH OTHER ARE RESOLVED.
You and MFA agree that any and all disputes or claims that have arisen or may arise between you and MFA in connection with the Program shall be resolved exclusively through confidential, final, and binding arbitration. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
PRE-ARBITRATION DISPUTE RESOLUTION: You agree that whenever you have a disagreement with MFA arising out of, connected to, or in any way related to the Program, you will first send a written notice to MFA (a “Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): MFA Incorporated, Attn: MFA Law Department, 201 Ray Young Dr., Columbia, MO 65201. The Demand must seek to resolve only your individual Dispute, must be personally signed by you (and not your counsel), and must include any documentation sufficient to support your claim. Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, 20 business days after the individualized conference. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if these requirements have not been met.
ARBITRATION PROCEDURE: If the disagreement stated in the Demand is not resolved to your satisfaction within twenty (20) business days after the conference described above (or within twenty (20) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (“AAA”). The arbitration will be conducted under its rules and procedures, including the AAA's Consumer Rules (as applicable), or otherwise as commercial arbitration rules (as applicable), as modified by this Arbitration Agreement, including the prohibition of class and representative actions and non-individualized relief. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA's website at: www.adr.org
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either you or MFA may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Missouri, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
CLASS ACTION WAIVER: You and MFA agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding in connection with the Program. Unless both you and MFA agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Program members. You and MFA further agree that in the event this Arbitration Agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and MFA in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
Mass Arbitration:
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against MFA, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and MFA agree that the AAA shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. You agree that throughout this process, the parties’ counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with MFA. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for MFA shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing.
Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge, and MFA will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for MFA shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and parties will split the mediator’s fee.
Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for MFA shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.
If your Claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. We may opt your Claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your Claim heard in court consistent with Option One, then you agree that your Claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims. A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim will proceed in a court of competent jurisdiction consistent with these Terms.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.
16. Communications
Program Members may receive transactional and/or promotional communications from MFA by mail, email, and/or text message. If you have downloaded the mobile application, you may also receive push notifications. Please review our Privacy Policy to learn more about communications from MFA and your choices regarding communications.
17. Miscellaneous
Applicable Law: The laws of the State of Missouri, without regard to principles of conflict of laws, will govern the Program and any claim or dispute that has arisen or may arise between you and MFA.
Taxes: Program Members are solely responsible for any federal, state, or local taxes and/or government fees that may be imposed in connection with the Program, whether or not such Member is a participant of a Rewards Pool.
Waiver: No delay or failure by MFA to enforce any of these MFA Rewards Terms shall be a waiver of any of our rights under these MFA Rewards Terms.
Severability: The invalidity or unenforceability of any provision(s) of these MFA Rewards Terms shall not affect the validity or enforceability of any other provision. In the event that any provision of these MFA Rewards Terms is found to be invalid or unenforceable, these MFA Rewards Terms shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
Construction: The headings used in these MFA Rewards Terms are for convenience only, are not a part of these Terms, and do not affect the interpretation of any of the provisions of these MFA Rewards Terms. Any reference to the term “including” means “including, without limitation.” All references to currency are stated in United States dollars.
Survival: The provisions regarding disclaimer of warranties, limitation of liability, arbitration agreement, prohibition of class and representative actions and non-individualized relief, and these miscellaneous provisions shall survive termination of your Program Account or cancellation of the Program.
Controlling Terms: In the event of any conflict, inconsistency, or discrepancy between these MFA Rewards Terms and any advertisement, promotional material, website content, Frequently Asked Questions (FAQs), customer communication, Privacy Policy, Terms of Service, Member Offer description, statement by an MFA employee, retailer, or representative, or any other Program-related communication, these MFA Rewards Terms shall control unless MFA expressly states otherwise in writing.
18. Customer Support
If you have any questions regarding the Program or your Program Account, please contact Customer Support online at https://connect.mfa-inc.com/#contacts or by phone at (573) 874-5111 or by email at mfaconnect@mfa-inc.com.
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