Terms & Conditions of Use
Thank you for shopping at earlmay.com. This website provides features to you subject to the following conditions. If you shop at earlmay.com, or use earlmayperks.loccloud.net, or the Earl May PERKS mobile app, you accept these conditions. Please read them carefully.
Privacy Policy
Updated Feb. 23, 2022
This policy is intended to explain how EMSN collects, stores, and uses certain personal information gathered when you interact with our physical and online stores and the Earl May PERKS Rewards program channels. Our use of your personal information is dedicated to enhancing and personalizing your shopping experience, while keeping your personal information safe as you interact with EMSN, both in our physical locations and our online stores. We will not use or share your information with anyone except as described in this Privacy Policy.
COLLECTION OF INFORMATION
We collect and store your information in order to personalize your shopping experience. Storing and re-using your personal information allows us to customize your shopping experience based on your past habits and unique personal information.
USE OF INFORMATION
In order to create an effective shopping experience for you, we use your information to:
- Fulfill orders, verify shipping and billing addresses, and process payments internally and through our financial partners, such as banks, credit/debit card companies such as Visa, Mastercard, Discover, and American Express.
- Provide products and services in-store and online targeted towards the tastes and demographics, as we have learned from our customers’ provided information and past habits.
- Store information which was provided by the customer in establishing a customer account, on this SITE, earlmayperks.loccloud.net, or the Earl May PERKS mobile app.
- Communicate electronically with you.
Cookie/Tracking Technology
EMSN may use cookies and other information technology to improve the user experience of our Site. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. The information we gather includes how you interact with our Site, how you were referred to our Site, and which ads and marketing campaigns you have seen.
We may use Cookie and tracking technology for analytical purposes, user preferences and experience, ad services and marketing, and/or fraud and spam prevention. We do not sell or share any personal information or data about our users for direct monetary gain. However, we may share some information with our third-party service providers.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Electronic Communications
When you visit earlmay.com. earlmayperks.loccloud.net, use the Earl May PERKS mobile app, or send an e-mail to Earl May Seed & Nursery and/or any Earl May Garden Center, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail when practicable. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Copyright
All content included on this site is the property of Earl May Seed & Nursery (EMSN) or its content suppliers and protected by U. S. and international copyright laws.
Trademarks
Earlmay.com, earlmayperks.loccloud.net, Earl May PERKS mobile app, and related graphics, logos, page headers, service marks, and trademarks are trade dress of EMSN, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EMSN. All other trademarks not owned by us that are used on this site are the property of their respective owners, who may or may not be affiliated with, or sponsored by, EMSN.
Your Account
If you maintain an account for this website, earlmayperks.loccloud.net, or the Earl May PERKS mobile app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account and password.
Review of Anonymous Data from Google Analytics
We are committed to ensuring that our website contains content that is valuable and useful to our customers and potential customers who visit. To assist us in this, we have implemented the Google analytics demographics and interest reporting features on our website. These tools allow us to review anonymous data regarding the gender, age and interests of website visitors and adapt our website content to better reflect their needs. Although this information is collected through your Google ad settings, it is not provided to us in a personally-identifiable format. This means we cannot identify what information is about you, and we will not try to figure it out.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery of such items to the carrier.
Product Descriptions
We do not warrant that all product descriptions or other content on this site are accurate, complete, reliable, current, or error-free. Many descriptions are furnished to us by third parties. If a product offered by us is not as described, your sole remedy is to return it to us.
Disclaimer of Warranties and Limitation of Liability
THIS SITE, EARLMAYPERKS.LOCCLOUD.NET, THE EARL MAY PERKS MOBILE APP, AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU ARE PROVIDED BY EMSN ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMSN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EMSN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMSN DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OR ELECTRONIC COMMUNICATIONS SENT FROM EMSN ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EMSN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR INCONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING FROM EMSN.
Applicable Law
By visiting earlmay.com, earlmayperks.loccloud.net, or the Earl May PERKS mobile app, you agree that the laws of the State of Iowa, without regard to principles of conflicts of law, will govern these Conditions of Use and any dispute of any sort that may arise between you and EMSN.
Disputes
Any dispute relating in any way to your visit to earlmay.com, earlmayperks.loccloud.net, or the Earl May PERKS mobile app shall be settled in any state or federal court in Polk County, Iowa, and you consent to exclusive jurisdiction and venue of these courts.
Modification and Severability
We reserve the right to make changes to our site, earlmayperks.loccloud.net, or the Earl May PERKS mobile app, policies, and these Conditions of Use at any time. If one of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
User ID’s/Passwords
Use of certain features on this website, earlmayperks.loccloud.net, or the Earl May PERKS mobile app might be limited and/or require registration. EMSN shall have the right, in its sole discretion, to refuse or restrict anyone from accessing the Website(s) at any time, for any reason. When registering for your Password, you must provide accurate and complete information.
EMSN reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify EMSN immediately about any unauthorized use of your Password or any breach of security. You further agree that EMSN shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than EMSN.
Age Requirements
Age Requirements for General Use: Registration and participation on this Site, earlmayperks.loccloud.net, and the Earl May PERKS mobile app is restricted to those individuals that are at least the age of majority in their state of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, earlmayperks.loccloud.net, or the Earl May PERKS mobile app, you hereby represent that you are the age of majority in your state of residence. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use.
Age Requirements for Purchases: YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN, IN ORDER TO PURCHASE PRODUCTS ON THIS SITE. BY PLACING AN ORDER, YOU REPRESENT AND CERTIFY THAT ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH US AND OUR PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS. TERMS & CONDITIONS GENERAL
Earl May PERKS Program
Earl May PERKS Rewards program is operated by Earl May Seed & Nursery (EMSN). By accessing or participating in the Earl May PERKS Rewards program (Earl May PERKS, EM PERKS, PERKS), you acknowledge and agree to be bound by these Earl May PERKS Rewards program Terms & Conditions, in addition to the General Terms & Conditions listed above. IF YOU DO NOT AGREE TO THESE REWARDS TERMS DO NOT PARTICIPATE IN THE Earl May PERKS Rewards program. These Rewards Terms are a supplement to the General Terms & Conditions listed above, in addition to supplementing the Privacy Policy and all other policies posted on www.earlmay.com or any of its sub-pages, all of which are incorporated herein by reference. To the extent these Rewards Terms are inconsistent or incompatible with the General Terms & Conditions listed above, these Rewards Terms will supersede and prevail with respect to your use of Earl May PERKS Rewards program.
Eligibility
Earl May PERKS Rewards program is open to legal residents of the 50 United States of America and the city of Washington, D.C. Earl May PERKS Rewards program is intended for personal use only. Earl May PERKS Rewards program is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only participate in Earl May PERKS Rewards program under the supervision of a parent or legal guardian who agrees to be bound by these Rewards Terms.
How the Earl May PERKS Rewards Program Works
Earl May PERKS Rewards program is a point-based program. You will earn 1 PERKS Point for every dollar spent on qualifying purchases.*
*Qualifying lawn care programs earn triple PERKS Points.
*PERKS are not available on wholesale products and orders. PERKS Rewards cannot be used as payment on account. PERKS Points are earned on pre-tax amount. Point calculations are based upon dollars spent at checkout excluding any dollars spent on sales tax.
*Any balance for product or services that may have been charged against your PERKS account must be paid in full before rewards earned as a result of those products/services may be redeemed.
To Redeem Earl May PERKS Rewards:
You will receive a $10 PERKS reward for every 250 PERKS Points earned.**
** Qualifying lawn programs will earn triple PERKS Points.
** PERKS are not available on wholesale products and orders.Any balance for product or services that may have been charged against your PERKS account must be paid in full before rewards earned as a result of those products/services may be redeemed.
How To Enroll:
You can join the Earl May PERKS program by registering for an account online at earlmayperks.loccloud.net or downloading the Earl May Perks mobile app from the App store or Google Play.
Earning, Tracking, & Redeeming PERKS Rewards:
No Rewards may be earned until you enroll in the Earl May PERKS Rewards program. To earn PERKS Rewards for a qualifying order, provide the phone number linked to your Earl May PERKS account at the register for qualifying purchases in an Earl May Garden Center. Qualifying purchases must be paid for with cash or a valid debit or credit card; or by redeeming a Reward. Earl May PERKS points will only be given on the amount paid, excluding tax, coupons, PERKS rewards, or other promotional discounts. Earl May PERKS rewards have no cash value.
Any balance for product or services that may have been charged against your PERKS account must be paid in full before rewards earned as a result of those products/services may be redeemed.
Rewards are issued by EMSN on a periodic basis and may not be identified to you in advance. EMSN has the sole discretion to determine the Rewards, including if and when the Rewards will be issued. Rewards are subject to change or substitution without notice. Number, type and frequency of Rewards are based upon several factors, including, without limitation, the frequency of orders, the volume and type of purchases made, and Earl May PERKS Rewards program usage. Some exclusions apply; wholesale items and orders, purchases of Earl May gift cards, purchases on the Earl May website www.earlmay.com, taxes, fees, discounts, coupons, and promotional offers do not earn PERKS rewards. PERKS Rewards cannot be used as payment on account.
If you return a qualifying order, such order will not be considered for purposes of earning any PERKS points or reward.
Earl May PERKS Rewards program members can view their PERKS histroy by logging into your Earl May PERKS account online at earlmayperks.loccloud.net or via the Earl May PERKS mobile app, or by providing the phone number associated with your Earl May PERKS account when visiting an Earl May Garden Center.
Redeem any available PERKS Rewards at any Earl May Garden Center. Earned PERKS Rewards do not expire. Partial PERKS Rewards will not be issued. If the entire value of a PERKS Reward is not used when redeemed, the remaining balance will be forfeited, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. The Rewards are not gift certificates. Rewards are promotional and have no cash value. PERKS Rewards cannot be used as payment on account. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Earl May Seed & Nursery has no responsibility to retroactively apply Rewards or use of the Earl May PERKS Rewards program.
Special Offers:
In addition to PERKS Rewards, EMSN may from time to time make available to Earl May PERKS Rewards program members, the ability to earn additional Rewards through special challenges or other promotions, or to earn other prizes, offers, special discounts, or program benefits. The terms and conditions applicable to any such Rewards, challenges, promotions, prizes or benefits will be determined by EMSN in its sole discretion and communicated to participants in conjunction with any such offers. Because any terms and conditions associated with any special offers under Earl May PERKS Rewards program may be different from or in addition to provisions of these Reward Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.
Limitations, Restrictions And Other Terms:
You have no ownership interest in any PERKS Rewards. Your Earl May PERKS Rewards program account and any accumulated Rewards are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose.
There are no membership fees associated with Earl May PERKS Rewards program, although use of online services in conjunction with participation in Earl May PERKS Rewards program may result in data charges, internet access fees or similar expenses.
If, for any reason, the Earl May PERKS Rewards program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of EMSN which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Earl May PERKS Rewards program, EMSN reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Earl May PERKS Rewards program or otherwise respond to the circumstances as EMSN deems appropriate.
Changes To The Earl May PERKS Rewards Program:
EMSN reserves the right to change, update and/or discontinue, in whole or in part Earl May PERKS Rewards program or any portion of the program, all or any portion of these Rewards Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to Earl May PERKS Rewards program, at any time in its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to our terms, and you waive any right you may have to receive specific notice of such changes or modifications. Such changes may affect previously accumulated Rewards. If we change or modify the Rewards Terms, we will revise the "last updated" date located at the top of these Rewards Terms. Your participation in Earl May PERKS Rewards program confirms your acceptance of these Rewards Terms and any such changes or modifications; therefore, you should review these Rewards Terms and applicable policies and FAQs frequently to understand the terms and conditions that apply to Earl May PERKS Rewards program. If you do not agree to the revised Rewards Terms, you must stop participating in Earl May PERKS Rewards program.