Terms and Conditions

Returns and Credits
Merchant shall maintain a fair policy permitting refunds, exchanges, returns and adjustments. If, with respect to any transaction, any goods are accepted for return of any services are refunded, terminated or canceled or a price adjustment is allowed by Merchant and except where otherwise required by law or governmental regulations, Merchant shall not make any cash refund to the cardholder during the term of this Agreement, but Merchant shall utilize a credit draft evidencing such refund or adjustment. Merchant shall date each credit draft with the transaction date and include thereon a brief description of the goods returned, services canceled or adjustment made and the amount of the credit, insufficient detail to identify the transaction. One completed copy of the credit draft shall be delivered to the cardholder at the time of each return or cancellation of a transaction. The credit shall not exceed the amount of the original sales draft. The per item Transaction Fees will still be applicable. Merchant shall not under any circumstances, during the term of this Agreement, issue cash for returns of goods or services where originally purchased in a transaction. With proper disclosures at the time of the transaction, Merchant may (a) refuse to accept goods in return or exchange and refuse to issue a refund to a cardholder; (b) accept returned goods in exchange for the Merchant's promise to deliver goods or services of equal value available from Merchant at no additional cost to cardholder or provide in store credit; or (c) stipulate special circumstances agreed to by the cardholder. Proper disclosure shall deemed to have been given only if, at the time of the transaction, the following notice appears on all copies of the sales draft in legible letters at least one-quarter (1/4) inch high and in close proximity to the space provided for the cardholder's signature stating "NO REFUND" or "EXCHANGE ONLY" or "IN STORE CREDIT ONLY" or any special terms as applicable, or equivalent language.

Data Security
(A) Safeguards. Merchant agrees to maintain appropriate administrative, technical and physical safeguards for all Customer Information. These safeguards shall (i) insure the confidentiality of Customer Information; (ii) protect against any anticipated threats or hazards to the security or integrity of Customer Information; (iii) protect against unauthorized access to or use of Customer Information that could result in substantial harm or inconvenience to any customer; and (iv) properly dispose of all Customer Information to ensure no unauthorized access to Customer Information. Merchant agrees to maintain all such safeguards applicable to Merchant, Landmark or Bank in accordance with applicable federal and state laws, rules, regulations and guidance. (B) Customer Information. For purposes of this Agreement, “Customer Information” shall mean any non-public, sensitive information about a consumer including any combination of consumer name plus any of social security number, driver’s license or other identification number or credit or debit card number, or other bank account number. (C) Compliance with Card Association Rules. Merchant specifically represents, warrants and covenants that it is and shall remain throughout the term of this Agreement in compliance with Card Association bylaws, operating regulations and rules related to data security, data integrity and the safeguarding of Customer Information including the Payment Card Industry Data Security Standard (“PCI”), MasterCard’s Site Data Protection Program (“SDP”) and Visa’s Customer Information Security Program (“CISP”), in effect and as may be amended, supplemented or replaced. Merchant agrees to cause all of its service providers, subcontractors and agents to be in compliance with PCI, SDP and CISP requirements at all times. Merchant shall report any non-compliance immediately to Landmark and Bank. In furtherance of the foregoing, Merchant agrees to encrypt all debit, credit or stored value card numbers whether in storage, transport or backup and agrees not to store data security codes on its systems, network or software.