Assistance

Terms & Conditions and Privacy Policy

  • Security & Privacy

    Introduction

    This website ("website") is operated by The Neiman Marcus Group, Inc., which includes Neiman Marcus stores, Neiman Marcus Direct, Horchow, and Bergdorf Goodman ("Neiman Marcus" or "we" or "us"). This privacy policy only covers information collected at this website, and does not cover any information collected offline by Neiman Marcus (unless specifically stated). All Neiman Marcus websites, including NeimanMarcus.com, BergdorfGoodman.com, Horchow.com, and LastCall.com, are currently covered by this privacy policy.

    Security

    Personal information provided on the website and online credit card transactions are transmitted through a secure server using Secure Socket Layering (SSL) encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you're about to enter a secure area.

    You may purchase online merchandise by calling toll-free 1.888.888.4757—24 hours a day, seven days a week. One of our customer service associates will gladly take your order.

    We are committed to handling your personal information with high standards of information security. We take appropriate physical, electronic, and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Our website uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address, and credit card number. Our Customer Care center and stores also operate over a private, secure network. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information.

    Privacy Policy

    To help us achieve our goal of providing the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures to ensure that your personal information is handled in a safe, secure, and responsible manner.

    We have posted this privacy policy in order to explain our information collection practices and the choices you have about the way information is collected and used.

    As we continue to develop our website and take advantage of advances in technology to improve the services we offer, this privacy policy likely will change. We therefore encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy.

    This Privacy Policy was last updated on October 12, 2012.

    The Information We Collect

    Generally, you may browse the website without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this website. In some cases, if you choose not to provide us with the requested information, you may not be able to access all of this website or participate in all of its features.

    We receive and store any personally identifiable information you enter on the website, whenever you shop with Neiman Marcus—online, through our catalogs, or in our stores, or information you give us in any other way, such as by subscribing to our catalogs, email, or mobile messaging. For example, we may collect the following personally identifiable information: your name, address, telephone number, mobile telephone number, driver's license number, birth date, and email address. If you use a credit or debit card or pay by check, we will also include your account number.

    When you register with us as an online customer, we may ask for additional information, such as your favorite designers.

    If you use one of our services, or participate in one of our surveys, promotions, or sweepstakes, we may ask for additional information, such as your age, interests, or product preferences.

    From your purchases and other interactions with us, we obtain information concerning the specific products or services you purchase or use.

    When you visit this website, our web server automatically collects anonymous information such as log data and IP addresses, and may collect general information concerning your location. We may use the automatically collected information for a number of purposes, such as improving our site design, product assortments, customer service, and special promotions.

    When you visit one of our stores, if your mobile device accesses one of our wireless networks we may also automatically collect information about your geo-location based, in part, upon which wireless network has been accessed. When this happens we attempt to de-identify the information, which means that we remove or change (e.g., hash) certain pieces of information that might be used to link the data to you, or to your device. We will not attempt to re-identify geo-location information (i.e., link it to you or your device) unless you affirmatively give us permission to collect geo-location information about you. If you give us such permission, you can later decide to opt-out via the mobile app you used to opt-in. To disable geo-location on your mobile device, open your Settings app, and tap Privacy. Then, tap on Location Services. Scroll down until you see the "NM" app and tap on the toggle on the right hand side so that the toggle is no longer green.

    Our mobile applications will not transmit geo-location information about you to us unless you give them permission to do so.

    Some web browsers and devices permit you to broadcast a preference that you not be "tracked" online. At this time we do not modify your experience based upon whether such a signal is broadcast.

    The Information We Collect was last updated December 5, 2014.

    How We Use the Information We Collect

    We use the information we collect for various purposes, including:

    • To complete your purchase transactions
    • To provide the services you request
    • To send you our catalogs and other offerings by mail
    • To identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
    • To notify you of product recalls or provide other information concerning products you have purchased
    • To improve our merchandise selections, customer service, and overall shopping experience

    Others With Whom We Share Your Information

    The Neiman Marcus Group: All of the above information that we collect, as described above, may be shared among all Neiman Marcus entities, including Horchow and Bergdorf Goodman.

    Service Providers: We also may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing emails; (c) assist us with direct marketing and data collection; (d) provide us storage and analysis; (d) provide fraud prevention; and (e) provide other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in our agreements with them.

    Other Companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you.

    Business Transitions: We may transfer or share a copy of personal information about you in the event that Neiman Marcus or one of its properties, affiliates, or subsidiaries goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets. You will be notified via email or prominent notice on our website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of Neiman Marcus to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. Neiman Marcus specifically reserves the right to transfer or share a copy of personally identifiable information collected from its websites to the buyer of that portion of its business relating to that information.

    Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability, and to protect our rights or to protect the rights, property, or safety of visitors of this website or the public.

    Neiman Marcus partners with advertising companies to place our advertising on publisher websites on the Internet. These advertising companies collect anonymous information about your visits to our web site. This technology involves the use of third party cookies which allow them to develop personalized advertising so that it directly relates to offers that may be of interest to you. To choose to opt-out of this service we have with our third-party advertising partner, click here. We may also use Neiman Marcus cookies to provide similar enhanced online marketing to you based on your interests and preferences. To opt out of these enhanced online marketing ads, please click here.

    Your Choices Regarding Use of the Information We Collect

    We provide you with a number of choices regarding our handling of your nonpublic personally identifiable information.

    Direct Mail or Telephone Marketing: If you shop at the Neiman Marcus or Bergdorf Goodman stores and wish to be removed from the list of customers that receive direct mail or telemarketing calls, please either:

    • Write to Neiman Marcus Customer Care at P.O. Box 650589, Dallas, Texas, 75265-0589
    • or call toll-free 1-888-888-4757

    If you choose to write to us, please include your name, address, and credit card account number (if you have one), and state one of the following:

    • "NO MAIL OFFERS" (if you don't want to receive offers by mail);
    • "NO PHONE OFFERS" (if you don't want to receive offers by phone); or
    • "NO PHONE OR MAIL OFFERS" (if you don't want to receive either).


    Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.

    Your California Privacy Rights

    Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Neiman Marcus Customer Care, P.O.Box 650589, Dallas, Texas 75265-0589. Please allow 30 days for a response.

    Cookies, Web Beacons, and How We Use Them

    A "cookie" is a small data file stored by your Web browser on your computer or mobile device [hard drive]. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided us. That customer information is stored on our secured database. A "web beacon" or "pixel tag" or "clear gif" is typically a one-pixel image, used to pass information from your computer or mobile device to a website.

    We use cookies and web beacons to keep track of what you have in your shopping cart and to remember you when you return to the website as well as to identify the pages you click on during your visit to our site and the name of the website you visited immediately before clicking to NeimanMarcus.com. We use this information to improve our site design, product assortments, customer service, and special promotions. You can, of course, disable cookies and web beacons on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our website will not operate correctly if you disable cookies. We may also use web beacons, and other technologies, to help track whether our communications are reaching you, to measure their effectiveness, or to collect certain non-personal information about your computer, device, or browser in order to allow us to better design future communications to you.

    We may contract with third parties who may use cookies and web beacons and collect information on our behalf or provide services such as credit card processing, shipping, promotional services, or data management. We call them our Customer Care Partners. These third parties are prohibited by our contract with them from sharing that information with anyone other than us or our other Customer Care Partners.

    This Cookies, Web Beacons, and How We Use Them was last updated on March 7, 2013.

    Children's Privacy

    Protecting children's privacy is important to us. Our website is a general audience site. We do not collect or maintain information from those we actually know are under 13, and no part of our website is targeted to attract anyone under 13. We also do not send email correspondence to anyone who tells us that they are under the age of 13 without their parent's consent.

    Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

    Links to Other Sites

    While visiting NeimanMarcus.com, you may link to websites operated by our business partners or other third parties. This does not mean that we endorse these websites. We do not make any representations or warranties about any website you may access through this website. They are independent from us, and we have no control over, or responsibility for, their information or activities.

    In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the privacy policy of the operator of that site, not the Neiman Marcus Privacy Policy. Make sure you understand any website's privacy policies before providing personal information.

    Online Account Registration

    To make online shopping faster and easier, you may register with NeimanMarcus.com. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.

    If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

    Emails

    You will receive promotional emails from us only if you have asked to receive them. If you do not want to receive email from Neiman Marcus or its affiliates you can click on the "Manage Your Email Preferences" link at the bottom of any email communication sent by us. Choose "Unsubscribe" at the bottom of the page that opens. Please allow us 3 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

    Mobile Messaging

    If you've signed up for mobile messaging (e.g., SMS and MMS) offers but later decide you no longer wish to receive them, simply follow the opt-out instructions included in the mobile message.

    Acceptance

    By using this website, you accept the policies set forth in this Privacy Policy.

    Any questions?

    We'll be happy to provide additional information or answer any questions. Please:

    Call toll-free 1.888.888.4757

    Write:

    • Customer Care
    • P.O. Box 650589
    • Dallas, TX 75265-0589

  • Browser Advisory

    PC users should place their online order using Internet Explorer or Firefox. Macintosh users should place their online orders using Safari or Firefox. These browsers allow us to offer our customers the highest level of security; some other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience.

    Download a free copy of Firefox by clicking here. For the latest version of Safari, from the Apple menu, choose Software Update. For the latest Internet Explorer version visit here.

    Please be aware that NeimanMarcus.com uses rich media content to improve the user experience. Download and install Adobe Flash to view the website as it was intended.

  • Warranty Information

    Some items on our website have a manufacturer's warranty; this is noted in the product description. To obtain a written warranty for any of these items, send a specific written request to:

    • Neiman Marcus
    • P.O. Box 650589
    • Dallas, TX 75265-0589

  • Conditions of Use & Disclaimers

    When you use this website, you are automatically agreeing that both your access to the site and your use of it are:

    • Subject to the terms and conditions in this legal notice, which may change at any time without notice.
    • Subject to all applicable laws.
    • Undertaken at your own risk.

    Please refer to this page frequently to review our current terms and conditions of use.

    Copyright

    The following elements of this website are the property of Neiman Marcus or our suppliers and are protected by United States and international copyright laws:

    • All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations—both individually and as they are compiled on the site.
    • All software.

    Trademarks

    The trademarks or trade dress of Neiman Marcus and our affiliates may not be used without our written permission. Trademarks or trade dress include the Neiman Marcus name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Neiman Marcus products, services, and programs, and those of our affiliates.

    VELCRO® is a registered trademark of Velcro Industries, B.V.

    All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

    Patents

    One or more patents may apply to this website, including without limitation: U.S. Patent Nos. 5,528,490 and 5,761,649.

    Use

    You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with NeimanMarcus.com. Unless we give you written permission in advance, any other use of this website, its content, and its information, including linking or framing to this website, are strictly prohibited.

    Errors and inaccuracies

    Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.

    Disclaimer of liability

    We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption, or the loss of data or information, even if we are notified in advance of the potential for any such damages.

    No confidentiality

    Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas, or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas, or comments, or unless we first obtain your permission.

    Applicable law

    By visiting this website, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

    Disputes

    Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Dallas, Texas. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

    Protecting your information

    As part of our ongoing commitment to ensure that your shopping experience with NeimanMarcus.com is protected, NeimanMarcus.com will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.

  • Protecting Yourself From Internet Scams

    It should come as no surprise that one of our highest priorities at The Neiman Marcus Group is keeping your personal information secure and confidential. To that end, we would like to share some of the most common types of internet scams and suggestions on how you can be aware of and help protect yourself against identity theft.

    Fictitious Job Offer Emails Alert

    Email campaigns offering fictitious job offers are a reality. The emails can be quite authentic looking. They often purport to have been sent directly from one of our executives or from our human resources department. Enclosures, such as company information sheets and detailed questionnaires, may display The Neiman Marcus Group logo or the logo of one of our divisions (Neiman Marcus, Horchow, Cusp, Last Call, or Bergdorf Goodman). The emails may include a request for payment of a processing fee of several hundred dollars, and/or they may offer reimbursement for certain job-application or relocation expenses.

    These emails are fraudulent. The Neiman Marcus Group does not extend job offers via email to individuals with whom it has had no prior contact. We do not ask prospective employees to pay a fee to be considered for a position or to receive a job offer. We do not authorize recruiters or agents to do any of these things on our behalf. Fraudulent job offers are an unfortunate possibility. Please be aware, as we will not honor them in any way.

    You should not respond to any of these job offers by revealing personal information, nor should you send any funds in response to them. If you receive one of these fraudulent offers, please report the matter to the U.S. Secret Service. You may also email our security group.

    Phishing and Spoofing Alert

    This is when a criminal sends you a phony message or a website link that appears to be from a legitimate business. They will directly request that you provide personal financial information, such as:

    • Name and address
    • Social Security numbers
    • Credit card numbers/bank account numbers
    • PIN numbers/passwords

    Pop-Up Advertisements Alert

    Some advertisements "pop up" in a separate browser window advising that you have won a contest or request that you participate in a survey to collect a prize. They may then ask that you provide personal information in order to receive your gift. By clicking on the link it is possible that you are also downloading viruses designed to capture or destroy information on your computer.

    Check Scam Alert

    A similar but low-tech scam circulates occasionally, in the form of a check, purportedly from The Neiman Marcus Group or one of our divisions, and instructions to deposit it right away, usually in order to receive the balance of a larger sum you have "won" or that has otherwise come to you unexpectedly. You will be instructed to immediately send a payment, in the form of a second personal check, wire transfer, or similar, to some third party to cover taxes, processing fees, administrative costs, or some similarly vague expense. The check you receive in the mail likely would look quite authentic and probably would have our Neiman Marcus Group trademark on it. Do not deposit the check or follow the instructions you receive with it. The check you deposit will bounce; the check you write or funds you wire will clear, before you know about the bounce, and certainly before you can stop payment on your own check.

    Important Risk-Reducing Tips

    • Never respond to emails that cannot be verified.
    • Never provide personal information via email.
    • Contact the business by using legitimate phone numbers to verify the request.
    • Enter websites using your browser and not by clicking on provided links.
    • Be cautious of any solicitation requesting that you deposit a check or pay a fee to collect a prize, get a job, or cover vaguely described "costs".
    • Consider filing a report with the Federal Trade Commission and/or state attorney general's consumer protection office, or the FBI. Online complaints may be filed with the FTC at www.ftccomplaintassistant.gov, and white collar crimes may be reported to the FBI at www.ic3.gov/complaint/default.aslix.
  • Mobile Terms of Use

    NEIMAN MARCUS MOBILE APPLICATION TERMS OF USE

    THE FOLLOWING TERMS OF USE ("TERMS OF USE") APPLY TO YOUR USE OF THE NEIMAN MARCUS MOBILE APP, WHICH IS CURRENTLY AVAILABLE IN THE APPLE® APP STORE. TO THE EXTENT YOU USE THE MOBILE APP TO ACCESS THE NEIMAN MARCUS WEBSITE, OR YOUR USE OF THE NEIMAN MARCUS MOBILE APP OTHERWISE INCLUDES THE USE OF THE NEIMAN MARCUS WEBSITE, THE POLICIES, TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE (COLLECTIVELY, THE "WEBSITE TERMS"), WHICH TERMS ARE AVAILABLE AT WWW.NEIMANMARCUS.COM, APPLY TO SUCH USE. IN THE EVENT OF A CONFLICT BETWEEN THE WEBSITE TERMS AND THESE TERMS OF USE, THESE TERMS OF USE SHALL CONTROL. You must download the Neiman Marcus mobile application known as the "NM App" onto your compatible mobile device (currently iOs devices) in order to use it. The NM App includes different services and your use of each service is subject to the service-specific terms described below, as well as the general terms applicable to your use of the NM App. The NM App offers the following services, as well as general NM App features:


    The services available through the NM App and general NM App features are referred to individually as a "Service" and collectively as the "Services." The NM App operates on Apple Inc.'s ("Apple") iOS platform. These Terms of Use are between you and Neiman Marcus only (and not Apple), and Neiman Marcus, and not Apple, is solely responsible for the NM App and the Services as set forth in these Terms of Use. These Terms of Use are divided into three parts. Part One contains provisions that generally govern your use of the NM App. Part Two explains key terms that govern your use of the specific Services. Part Three contains additional legal terms, including provisions that limit our liability to you and govern any potential legal dispute. If you use a Service, you agree to these Terms of Use. By downloading the NM App, creating or using an Account (defined below), or clicking an "I Accept" button with regard to the use of the NM App, you acknowledge that you have read, agree with and accept all of the terms and conditions in these Terms of Use as well as our Privacy Policy ("Privacy Policy") which is available at neimanmarcus.com/service/sitemap.jsp and is incorporated in these Terms of Use by this reference. The Privacy Policy applies in addition to and is not intended to replace any other applicable privacy policy that may apply in connection with your use of the Services, including without limitation, any privacy policy between you and your payment card issuer.

    Definitions

    The following capitalized terms when used in these Terms of Use have the meanings set forth below.

    "Capital One" means Capital One, N.A., the licensor and supplier to Neiman Marcus of the Mobile Wallet Service.
    "Image Recognition Service" means the SNAP. SHOP. FIND. service available through the NM App.
    "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
    "Mobile Wallet Service" means the Service by which your selected Payment Card and related Payment Credentials are used along with a Transaction Code for your use at a Store point-of-sale. The "Mobile Wallet Service" may also include the ability to use offers or coupons received on your Supported Device and any other Services or features made available by Neiman Marcus from time to time in its sole discretion.
    "Neiman Marcus," "we," "our" or "us" means The Neiman Marcus Group LLC, a Delaware limited liability company, having offices at 1618 Main Street, Dallas, Texas 75201 and our affiliates.
    "Payment Card" means a valid credit card, debit card, prepaid card, or other card or payment method that we have decided are eligible to be registered by you to facilitate the processing of transactions using the Mobile Wallet Service.
    "Payment Credentials" means your credit card, debit, prepaid card number(s) or other information necessary for Payment Card acceptance at the point-of-sale.
    "Payments Platform" means the third party mobile payment enabler that supports or provides the Mobile Wallet Service to Neiman Marcus for your ultimate use, which initially shall be Paydiant, Inc. ("Paydiant"), which we may change in our sole discretion.
    "Providers" means any licensor, supplier, or third party service provider to Neiman Marcus for any Service.
    "Supported Device" means a compatible, mobile communications device, including specified operating system releases and specified mobile wireless carrier networks, which have been approved by Neiman Marcus for use with the NM App. As of the date of these Terms of Use, Apple® devices using iOS 4 and above are currently compatible with the NM App.
    "Transaction Code" means the computer-generated QR code generated at your request that is necessary to allow you to use your Payment Card to initiate a payment transaction at a Store.
    "You", "you" and "your" means a natural person that applies to use, or registers to use, the Services. "Website" or "Neiman Marcus Website" means the website maintained by Neiman Marcus.

    Part One:
    General Terms Governing Use of the NM App

    1. NM App Installation and Registration.
    You must install any and all NM App updates to continue to use the Services. You may use certain features of the NM App without creating an NM App user account ("Account"). For example, you may browse through the "Shop" Service or locate a store through the "Stores" Service. However, to use certain features and certain Services, you will be required to create and use an Account. This includes, without limitation, when you:

    • Create or add to a Wish List;
    • Purchase an item on the Website (though you may also check out as a guest or by using select third party services); or
    • Use the Mobile Wallet.

    To sign up for an Account, you must provide your name and email, create a password, and select and answer three security questions. To make purchases, you will also need to provide billing information and payment card information. All information you provide during Account registration must be current, accurate and complete and you agree that you are responsible for maintaining the currency, accuracy, and completeness of your Account information to continue using the Services. We may send you reminders to review and update your Account information, including, without limitation, if we notice you have changed shipping addresses or if you have turned on Location Services while using the NM App, and are shopping at a Neiman Marcus store location. If you provide information to us through other means besides the NM App, for example, in-store, we may also use that information to update your Account information maintained in our databases. You may view your Account details in the "Account" section of the NM App.

    2. Help/Customer Service.
    For questions or concerns about your use of the NM App or Services, you may contact us at 888-888-4757 or by email at neimanmarcus@customercare.neimanmarcus.com (or, for Mobile Wallet questions, at 800-720-1613 or mobile_wallet@neimanmarcus.com). You are solely responsible for contacting your payment card issuer for issues relating to payment, card processing, debiting or crediting.

    3. Your Privacy.
    Upon acceptance of these Terms of Use, you confirm that you have read, understood and accepted the Privacy Policy. Neiman Marcus may collect the following data during your use of the Services:
    Cardholder Name
    Billing Address
    Mobile Phone Number
    Email Address
    Payment Card Account Numbers
    Expiration Dates
    Security Codes
    Mobile Phone Identifying Information
    Geolocation Data (if you opt in)
    Please see the Privacy Policy for more on our respective rights and obligations with respect to this data. Neiman Marcus reserves the right to share your data with our Providers for the purpose of providing the Services.

    4. Disclosures and Notices.
    You agree that Neiman Marcus can provide these Terms of Use and Privacy Policy (and revisions or amendments), notices, disclosures, payment authorizations, and any other matter relating to your use of the NM App or the Services to you electronically by posting it on our Website, by posting it in the NM App or by emailing it to the email address provided by you in connection with your NM Account. You further agree that such communications have the same meaning and effect as if we had provided you with a paper copy. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy as applicable. Electronic communications shall be deemed received by you when they are posted to or communicated to you through the Website, or sent to the email address you provided at the time of Account registration or as subsequently revised by you in your Account.

    5. Supported Devices and Third Party Agreements.
    You agree to comply with applicable third party agreements when using the NM App and Services such as any agreement regarding your Supported Device with your device manufacturer or your agreement with your wireless carrier, including, without limitation, messaging and data usage charges from your wireless carrier for your use of the Services. Neiman Marcus does not warrant that the Services will be compatible with your Supported Device. Devices modified contrary to the manufacturer's software or hardware guidelines, including but not limited to disabling hardware or software controls (sometimes referred to as "jailbreaking") are not compatible mobile devices and those devices do not constitute Supporting Devices. You acknowledge that the use of a modified device or any other device that is not a Supported Device to use the Services is expressly prohibited, constitutes a violation of these Terms of Use, and is grounds for termination of your use of the NM App and Services. . You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

    6. Advertising, Promotions, and Service Messages.
    The NM App may display advertisements and promotions. We may also send such advertisements and promotions to your in-app "Message Board". If you enable "Push Notifications" on your Supported Device, we may also push promotional offers to your Supported Device. You have the option to turn off such Push Notifications in your Supported Device's settings. In consideration for Neiman Marcus granting you access to and use of the NM App, you agree that Neiman Marcus may place such marketing messages on its NM App and may send marketing messages or messages related to the Services to you from Neiman Marcus. You will have the opportunity to opt-out of receiving future marketing text and email messages, however, we reserve the right to send you text and email messages about your Account and your use of the NM App.

    7. Security.
    We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    8. Suspension or Termination.
    We may, in our sole discretion without liability to you or any third party, terminate your use of the NM App and your access to some or all of the Services for any reason, including, but not limited to, inactivity or violation of these Terms of Use. Without limiting the foregoing, we also may suspend your access to the NM App or any of the Services if you: (a) have violated these Terms of Use, (b) pose a fraud or chargeback risk to us, or (c) provide us any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. If we determine, in our sole discretion, that a payment card associated with an Account poses a fraud risk, we may suspend or terminate all Accounts associated with that payment card.

    9. Effect of Termination.
    We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the NM App or the Services, or any termination or suspension of the NM App, an Account or the Services. If your use of the NM App, an Account or any of the Services is terminated for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Use and remain responsible for any transactions you have processed through use of the Services, (b) to immediately stop using the NM App, (c) that the license provided under these Terms of Use shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (e) that neither Neiman Marcus nor any Provider shall be liable to you or any third party for termination of access to the NM App or the Services or deletion of your information or Account data.

    Part Two:
    A. NM App Services

    10. Shop.
    The Shop service allows you to make purchases through the NM App. We may provide options for you to call, text, email or FaceTime a sales associate using the contact information that we make available. Please see the Website Terms of Use for more details.

    11. Stores.
    The Stores service allows you to locate our stores. If you turn on location services, the NM App will help you determine the closest store locations.

    12. Image Recognition Service.
    The Image Recognition Service allows you to submit to us photos of shoes and handbags that you take using your Supported Device on which the NM App is stored. We take these photos, compare them against products we have for sale, and, through the NM App, provide you with information regarding products we sell that are similar to the shoes or handbags in your photos. If you use the Image Recognition Service on your Supported Device, you agree to the following terms: (a) to only submit photos using the Image Recognition Service that you have taken yourself, that you own and that you have the right to submit to us;
    (b) to only take photos of shoes and handbags with the permission of the shoes or handbag owner;
    (c) that we may send your photos to one or more third party service providers who assist us in providing the Image Recognition Service;
    (d) that the photos and all data contained or appended to the computer file of your photo become our property once you submit them to us. (Please note that unless you include it in a photo, your photo file should not include any of your personal information);
    (e) to use reasonable care to prevent harm to yourself and others when taking photos and uploading them to the Image Recognition Service;
    (f) that the Image Recognition Service does not determine the manufacturer of or trademark(s) associated with the shoes or handbag imaged, but rather the Image Recognition Service searches our product database for similar items using shape, size and other physical characteristics. You agree to refrain from communicating any manufacturer's name or logo information to us except such information that happens to be captured in the photo itself;
    (g) you may not use the Image Recognition Service to submit a photo of any person, including, but not limited to, any persons under the age of 18; and
    (h) you understand that depending on your photo and other factors, the results you obtain from your use of the Image Recognition Service may not be satisfactory. You agree that we can use, and share with our third party service providers for their use, information we learn through your use of the Image Recognition Service. This information will not contain any personally identifiable information.
    We reserve the right to discontinue the Image Recognition Service at any time.

    13. NM Connect.
    NM Connect contains information about our products and services, including blog posts. If you post a comment on one of our blog posts, you agree that we may publish your comment in whole, or in part. We do not agree to post all comments received. We reserve the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Terms of Use, or is defamatory or duplicative. By posting content, you warrant and represent that you own the rights to the content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to reveal your identity and the content of your submissions in response to legal action by any party, or in response to a request by governmental authority, or in our defense in an action to which we are a party.

    14. InCircle.
    If you use the InCircle Service on the NM App, you agree to the InCircle Terms & Conditions, available at www.incircle.com.

    15. Wish List.
    You may save items to your Wish List, which list may be stored and accessed in the future or shared with friends and family.

    B. Terms Governing Use of the Mobile Wallet Service

    16. Mobile Wallet Service Registration.
    In order to use the Mobile Wallet Service, you are required to register for an Account. If you choose to register for an Account, you agree to provide us with true, accurate, current and complete information about yourself and update us if there are changes to the information. You also agree that it is your responsibility to update your payment card information, including updating your expiration dates on expired cards. You acknowledge and agree that Neiman Marcus will have no liability associated with or arising from your failure to maintain accurate registration information, including your failure to receive important information and updates about the NM App and the Mobile Wallet Service. If Neiman Marcus has reasonable grounds to suspect that any information you provided to us is untrue, inaccurate or incomplete, Neiman Marcus may suspend or terminate your Account and/or access to the Mobile Wallet Service and refuse any and all current or future use of the Mobile Wallet Service (or any portion thereof) by you.

    As a part of your Account registration, you are required to establish a PIN, which is used to authenticate you when you use the Mobile Wallet Service. The PIN acts as your signature. You are responsible for protecting the confidentiality of your PIN and security of your Supported Device. It is important that you do so since we are not responsible for any losses you incur as a result of unauthorized use of your Account and, depending on the circumstances, your Payment Card issuer may hold you responsible for unauthorized use of your Payment Card. You agree to notify Neiman Marcus immediately of any unauthorized use of your PIN or Account, or any other actual or potential security breach relating to your Account.

    You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use. You acknowledge and agree that any use of the Mobile Wallet Service occurring through your current username and password shall be deemed to be your actions and that Neiman Marcus may rely upon such actions.

    You also authorize Neiman Marcus to confirm that each Payment Card is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a $0.00 or low dollar credit and/or debit to the Payment Card, in accordance with the relevant Network rules. You authorize Neiman Marcus, directly or through third parties, to make inquiries we consider necessary to validate or authenticate your identity and account information, including, but not limited to, performing an address verification for each Payment Card that you register. Neiman Marcus may require you to provide additional information as a condition of continued use of the Mobile Wallet Service, or to assist in determining whether to permit you to continue to use the Mobile Wallet Service. Any time you add a new Payment Card, you authorize Neiman Marcus to make such inquiries and agree to provide additional information as requested. Neiman Marcus, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for, or remove Payment Cards from, the Mobile Wallet Service with or without cause or notice, other than any notice required by applicable law.

    If you have questions or need customer service assistance during the registration process, please see the contact information contained in Part One Section 2 above.

    17. How It Works.
    Our Mobile Wallet Service allows you to make purchases and returns using the Payment Card you select by taking the stored data for that Payment Card and the related Payment Credentials to create a Transaction Code that can be scanned by the Store's point-of-sale system. The Mobile Wallet Service is provided by Neiman Marcus through a third-party Payments Platform. When you use the Mobile Wallet Service to make a purchase, you authorize Neiman Marcus to submit charges to the applicable registered Payment Card issuer and you agree to pay for your purchases in accordance with your agreement with the Payment Card issuer. Your Payment Card information may be stored for future purchases at Stores. No Payment Card or other payment information is stored on your Supported Device through your use of the Mobile Wallet Service, but, certain encrypted data is stored on your Supported Device so that the next time you make a purchase at a Store, you have the option to use this saved Payment Card information to make such purchase. Since this is the information we use to communicate with you and provide the Mobile Wallet Service, it is important to keep your information up to date.

    18. Cardholder Agreements.
    This Agreement does not amend or otherwise modify the cardholder agreement or any other terms and conditions of your Payment Card issuer. In the event of any inconsistency between these Terms of Use and your cardholder agreement with your Payment Card issuer, these Terms of Use govern as to the relationship between you and Neiman Marcus solely with respect to the Services and your cardholder agreement with your Payment Card issuer governs as to the relationship between you and your Payment Card issuer. You are responsible for ensuring that your use of the Services complies with your cardholder agreement with your Payment Card issuer. You are solely responsible for any interest, fees, charges or expenses related to your use of a Payment Card in connection with the Services and for any taxes or tax reporting obligations in connection with your use of the Services.

    19. Payments Platform.
    Neither Neiman Marcus nor the Payments Platform is a bank and will not hold or transmit any of your funds nor extend you credit. By your acceptance of these Terms of Use, you authorize the Payments Platform to collect, store, authenticate, and relay information in order to generate the Transaction Codes for the payments you initiate with the Mobile Wallet Service. Transactions consummated through the Mobile Wallet Service are subject to the terms and conditions governing your Payment Card and to any agreements between you and the issuer of your Payment Card.
    You acknowledge and agree that the Payments Platform is a third party beneficiary of these Terms of Use, and that, upon your acceptance of these Terms of Use, Payments Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
    You acknowledge and agree that we may share information with the Payments Platform and that we may switch Payments Platforms in our sole discretion.

    20. Supported Payment Cards; Disputes with Issuers.
    The Mobile Wallet Service can only be used with supported Payment Cards. The Mobile Wallet Service will only process transactions through Payment Cards that can be authenticated and authorized through our normal processes and procedures. If you have a Neiman Marcus credit card and have provided us with your Neiman Marcus credit card information, your Neiman Marcus credit card will serve as your default Payment Card. If you have registered at least one additional Payment Card, you may have the option to select a default Payment Card.
    Neiman Marcus does not endorse or sponsor, and is not responsible for, Payment Card issuers or operators of payment networks that you may use in connection with the Mobile Wallet Service. If you have a dispute with a Payment Card issuer or operator of a payment network about a transaction made with the Mobile Wallet Service, you are solely responsible for settling the dispute directly with the Payment Card issuer or operator of a payment network.
    You may not use a Health Savings Account card with the Mobile Wallet Service or any gift card or other prepaid cards. Your Mobile Wallet is not a bank account. Neiman Marcus is not a bank and does not offer banking or money service business services as those terms are defined by the U.S. Department of Treasury.

    21. Store Locations.
    The Mobile Wallet Service can be used to make purchases at Neiman Marcus, Bergdorf Goodman, CUSP and Last Call Stores. The Mobile Wallet Service is not available at our restaurants at this time.

    22. Right to Withdraw Service.
    Neiman Marcus reserves the right to withdraw the Mobile Wallet Service from the NM App at any time. You acknowledge that Neiman Marcus has no express or implied obligation to provide, or continue to provide the Mobile Wallet Service, or any part thereof, now or in the future. You further acknowledge that Neiman Marcus may at any time, upon notice as required by applicable law, institute charges or fees for your use of the Mobile Wallet Service or the NM App.

    23. Account History.
    The transaction will appear in your Payment Card account activity maintained by the issuer of your Payment Card. Except as otherwise required by law or by the terms of another agreement between you and Neiman Marcus, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your use of the Mobile Wallet Service, and (b) reconciling all transactional information that is associated with the Mobile Wallet Service. If you believe that there is an error or unauthorized transaction activity is associated with the Mobile Wallet Service, you agree to contact the Payments Platform and the Payment Card issuer(s) associated with such suspected error or unauthorized transaction activity immediately to notify such parties of the error or unauthorized transaction

    Part Three:
    Additional Legal Terms

    24. Your License.
    Neiman Marcus grants to you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to download and use the NM App and related Services on a Supported Device in the United States. You are granted this license for the limited use of using the NM App on a Supported Device that you own are control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service. The NM App includes software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by Neiman Marcus. Neiman Marcus is solely responsible for providing maintenance and support services with regard to this NM App and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the NM App. Unless we have terminated these Terms of Use due to your breach or otherwise, you will be entitled to download updates to the NM App, subject to any additional terms made known to you at that time, when such updates are made available to you.

    25. Restrictions.
    While we want you to enjoy the Services, you may not, nor may you permit any third party to, do any of the following: (i) access or attempt to access systems, programs or data of Neiman Marcus or its Providers that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the NM App, Services or other material from Neiman Marcus or its Providers, or store or incorporate the NM App and/or Services into any information retrieval system, electronic, mechanical or otherwise; (iii) permit any third party to use or benefit from the NM App and/or the Services via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under these Terms of Use; (v) work around any of the technical limitations of the NM App and/or the Services, attempt to obtain unauthorized access to NM App and/or the Services that are restricted from general access, or use any tool to enable features or functionalities that are otherwise disabled in the NM App and/or the Services, or copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or otherwise transfer the NM App and/or the Services or any portion thereof; (vi) perform or attempt to perform any actions that would interfere with the security or proper working of the NM App and/or the Services, prevent access to or use of the NM App and/or the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion; (vii) use the NM App and/or Services in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third party rights; (viii) fail to comply with any other requirements, restrictions or limitations imposed by Neiman Marcus or by your payment card issuer from time to time; or (viii) otherwise use the NM App and/or the Services except as expressly allowed under these Terms of Use.
    You may only use the Mobile Wallet Service to generate Transaction Codes for legitimate, bona fide purchases of goods or services offered by or through Neiman Marcus. The Mobile Wallet Service may not be used to engage in a transaction or otherwise transfer money that is unrelated to the purchase of goods or services offered by or through Neiman Marcus. The NM App and its Services may not be used in connection with the sale or exchange of any illegal goods or services or any other illegal transaction.

    26. Ownership.
    The NM App and the Services are licensed and not sold to you. Neiman Marcus, on behalf of itself and its licensors and suppliers, reserves all rights not expressly granted to you in these Terms of Use. The NM App and Services are protected by copyright, trade secret and other intellectual property laws. You acknowledge and agree that Neiman Marcus, or its Providers, or their respective licensors owns or has the legal right and title to the copyright and other worldwide Intellectual Property Rights (as defined above) in the Services and the NM App and all copies thereof. These Terms of Use do not grant you any rights to the trademarks or service marks of Neiman Marcus or its Providers or their respective licensors.
    You may choose to, or we may invite you to, submit information, materials, suggestions, comments or ideas about the NM App and/or the Services, including without limitation about how to improve the NM App and/or the Service or our other products or services ("Ideas"). By submitting any Idea, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, including, but not limited to, by improving the NM App or the Services using your Idea with no payment or other compensation to you. You further acknowledge that, by acceptance of your submission, Neiman Marcus does not limit or waive any rights to use similar or related ideas previously known to Neiman Marcus, or developed by its employees, or obtained from sources other than you.
    In the event of any third party claim that the NM App or the Service or your possession and use of the NM App or the Services infringes that third party's Intellectual Property Rights, Neiman Marcus, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

    27. Relationship of the Parties.
    Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment or agency relationship between you and Neiman Marcus, and you do not have any authority to create any obligation or make any representation on Neiman Marcus' behalf.

    28. Indemnity.
    You will indemnify and defend Neiman Marcus and our Providers (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms of Use, including without limitation any violation of our policies or the Networks' rules; (b) your wrongful or improper use of the NM App and/or the Services; (c) any transaction submitted by you through the Services (including without limitation the accuracy of any payment information that you provide or any claim or dispute arising out of goods or services purchased by you); (d) your violation of any third-party right, including without limitation any right of privacy, publicity right or Intellectual Property Right; (e) your violation of any law, rule or regulation of the United States or any other country; and (f) any other party's access and/or use of the Services with your Supported Device and/or your unique username, password or other appropriate security code.

    29. Representation and Warranties.
    You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms of Use; (c) the name identified by you when you registered is your name; (d) you will fulfill all of your obligations to Neiman Marcus when you submit a transaction using the Services; (e) you and all transactions using the Services initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (f) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (g) your primary residence is located in the United States; (h) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (i) you are not listed on any U.S. Government list of prohibited or restricted parties; and (j) you own the payment card(s) you are registering and such payment card(s) have been issued in your name.

    30. No Warranties.
    TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE NM APP AND THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. USE OF THE NM APP AND THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NM APP AND THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEIMAN MARCUS, THE PROVIDERS, THEIR RESPECTIVE LICENSORS, OR THROUGH THE NM APP OR THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER NEIMAN MARCUS NOR THE PROVIDERS, NOR THEIR RESPECTIVE LICENSORS, PROVIDERS, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES WARRANT (i) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THAT THE NM APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (iii) THAT THE NM APP OR THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE NM APP OR THE SERVICES AND RELATED SOFTWARE ARE OR WILL BE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NM APP OR THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SUPPORTED DEVICE OR OTHER PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE SERVICE.
    NEITHER NEIMAN MARCUS NOR ANY OF ITS PROVIDERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NM APP OR THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER NEIMAN MARCUS NOR ITS PROVIDERS WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    TO THE EXTENT THAT ANY NM APP WARRANTIES ARE NOT EFFECTIVELY DISCLAIMED, AS BETWEEN APPLE AND NEIMAN MARCUS, NEIMAN MARCUS IS SOLELY RESPONSIBLE FOR ANY NM APP WARRANTIES.
    IN THE EVENT OF ANY FAILURE OF THE NM APP TO CONFORM TO ANY APPLICABLE WARRANTY, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE NM APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE NEIMAN MARCUS'S SOLE RESPONSIBILITY.

    31. LIMITATION OF LIABILITY AND DAMAGES.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEIMAN MARCUS, OR THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR BUSINESS INTERRUPTION THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE NM APP OR THE SERVICES. UNDER NO CIRCUMSTANCES WILL NEIMAN MARCUS OR THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES AGENTS, DIRECTORS OR EMPLOYEES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE NM APP OR THE INFORMATION CONTAINED THEREIN.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NEIMAN MARCUS, NOR THE PROVIDERS, NOR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR NM APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
    EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL NEIMAN MARCUS, OR THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATED TO YOUR USE OF THE NM APP OR THE SERVICES IN AN AMOUNT EXCEEDING $10.00.
    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NEIMAN MARCUS OR THE PROVIDERS, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    Please note that some jurisdictions do not allow such a limitation or exclusion of certain warranties and conditions, or the disclaimer of some types of damages, so some of the above may not apply to you.
    The Services are controlled and operated from facilities in the United States. You agree not to use the Services outside of the United States and Neiman Marcus makes no representations that the Services are appropriate or available for use in locations outside of the United States. You may not use the Services if you are a resident of a country other than the United States. Unless otherwise explicitly stated, all materials related to the Services are solely directed to individuals, companies, or other entities located in the United States.
    You acknowledge that Neiman Marcus, not Apple, is responsible for addressing any claims of you or any third party relating to the NM App or your possession and/or use of the NM App, including, but not limited to: (i) product liability claims; (ii) any claim that the NM App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

    32. Entire Agreement and Severability.
    Except as expressly provided in these Terms of Use, these terms are a complete statement of the agreement between you and Neiman Marcus, and describe the entire liability of Neiman Marcus, and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Services. If any provision of these Terms of Use is deemed to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

    33. Interpretation.
    Headings and captions are for convenience only and shall not be considered included for purposes of interpretation. Words such as "hereof," "herein," and "hereunder" shall mean and refer to these entire Terms of Use, rather than any particular part of the same. The term "including" shall mean "including, without limitation". Whenever used herein, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders.

    34. Waiver.
    Our failure or delay to exercise or enforce any provision or right contained in these Terms of Use shall not be deemed a waiver of such provision or right.

    35. Governing Law.
    By using the NM App or the Services, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

    36. Disputes.
    Any dispute relating in any way to your use of the Services or to products purchased using the Services shall be submitted to confidential arbitration in Dallas, Texas. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Services or to products purchased using the Services shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

    37. Limitation on Time to Commence Legal Proceedings.
    Unless otherwise required by law, any action or proceeding by you to enforce an obligation, duty, or right arising under these Terms of Use or by law must commence within one year after the cause of action accrues.

    38. Right to Amend or Modify the Terms of Use.
    We have the right, at our sole discretion, to change or add to these Terms of Use at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the NM App or Services with notice that we in our sole discretion deem to be reasonable in the circumstances. Such modifications will become effective upon our posting them in the NM App and/or on our Website. You may request the current Terms of Use by email at neimanmarcus@customercare.neimanmarcus.com or mobile_wallet@neimanmarcus.com. We may also provide notice to you when you access the NM App or the Services. Any use of the NM App or the Services after publication of any such changes shall constitute your acceptance of and agreement to the Terms of Use as modified.

    39. Assignment.
    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Neiman Marcus without restriction.

    40. Notice.
    Notice to Neiman Marcus must be sent by postal mail to: PO Box 729080, Dallas, TX 75372 or by email to neimanmarcus@customercare.neimanmarcus.com or, for Mobile Wallet Service notices, by postal mail to the address above or by email to mobile_wallet@neimanmarcus.com. Notice to you may be made by SMS text message to your mobile phone number associated with your Account, by posting a notice through the NM App or by email to your email address associated with your Account. Please keep your mobile phone number and email address in your Account information up to date.

    41. Links to Other Websites; Social Media.
    Neiman Marcus expressly disclaims any liability arising out of or related to your access of third party websites. Please remember that when you use a link to go to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website is subject to that website's own rules, policies, terms and conditions. You agree that you access any such website at your own risk, and that your use of the website is not governed by these Terms of Use.
    We may allow you to use Facebook, Twitter, email and other social networking platforms (collectively, "Social Media") in order to communicate and share information about the NM App and the Services. If you choose to use Social Media, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, these Terms of Use, and any terms, conditions and restrictions of the particular Social Media. Neiman Marcus is not responsible for any emails you send or receive using this feature.
    If you share information to another person through email functionality, you represent and warrant that you have the authority to provide the recipient's email address and expressly authorize us to send the email on your behalf. In addition, the recipient must be a permanent, legal resident of the 50 United States or the District of Columbia, who is at or above the legal age of majority in their jurisdiction of residence. We may elect not to transmit any email if the recipient has opted out of receiving emails from Neiman Marcus and the opt out applies to this type of email.

    42. Export Laws.
    You acknowledge that applicable laws and regulations of the United States and other countries may restrict the export and re-export of the NM App. You agree that you will not export or re-export the NM App in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.

    43. Survival.
    All terms and conditions in these Terms of Use that by their nature are continuing will survive the termination of these Terms of Use.
    For questions or concerns about your use of the NM App or Services, you may contact us at 888-888-4757 or by email at neimanmarcus@customercare.neimanmarcus.com (or, for Mobile Wallet questions, at 800-720-1613 or mobile_wallet@neimanmarcus.com).

    Last Updated 11/24/2014