I. Introduction

This website ("website") is operated by The Neiman Marcus Group LLC, which includes Neiman Marcus, Neiman Marcus Direct, Horchow, Last Call, and Bergdorf Goodman ("Neiman Marcus" or "we" or "us"). This privacy policy covers information collected at this website as well as information that we gather from our mobile applications, from our calls with you and from your store visits. All Neiman Marcus websites, including NeimanMarcus.com, BergdorfGoodman.com, and Horchow.com, are currently covered by this privacy policy. The purpose of this policy is to fully inform you of how we handle your personal data. For the purposes of European Economic Area ("EEA") and UK data protection laws, we are the controller of your personal data.

II. Security

We are committed to handling your personal information with high standards of information security. We take appropriate physical, technical, and administrative steps to maintain the security and integrity of personal information we collect, including limiting the number of people who have physical or logical access to your data, as well as employing a multitude of technical controls to guard against unauthorized access. We also routinely train our employees in security and compliance best practices.

Please be aware that information transmitted over the Internet may not always be secure and that it is critical that you always take measures to protect your personal information. These measures may include but are not limited to the following:

• Using strong, complex and unique passwords (at least 8 characters with upper and lower case alphabets as well as numbers and special characters)
• Using different passwords across online accounts
• Ensuring that your mobile devices and computers are updated with the most recent security patches and that you are utilizing virus and other malware protection technologies on those devices
• Not clicking on links and attachments from senders that you do not recognize
• Never providing your credentials or personal information on websites unless you are certain of its authenticity
• Reviewing your Neiman Marcus account periodically and notifying us of any unusual activity

You may receive emails or text messages from entities pretending to be Neiman Marcus or one its companies, enticing you with promotions or special offers. If you do receive such messages, please call our Customer Care toll free number 1.888.888.4757, 7 days a week from 6 am to midnight Central, and report the solicitation.

III. Privacy Policy

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. We will post those changes on the website or update the Privacy Policy modification date. In certain cases, and if the changes are material, you will be notified via email or a notice on our website.

IV. The Information We Collect

We may ask you to provide personal 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 the entire website or participate in all of its features.

We collect and process certain personal information when you:

• Visit our website
• Log on to your Neiman Marcus account
• Enter information on our website
• Shop with Neiman Marcus online
• Call our Customer Care
• Visit our stores
• Use our mobile apps
• Use your mobile device on our store wifi networks
• Provide information in other ways such as by subscribing to our emails or consenting to mobile messaging, where you are given the option to unsubscribe or opt out of receiving such communications at the time of sign-up and in every subsequent email or mobile message
• From social media channels that allow for sharing of information with us

During these interactions we may collect the following personal information:

• Your name
• Address
• Telephone number
• Birth date
• Email address
• Your account number if you pay by credit or debit card
• We may also collect your driver's license number in connection with certain gift card purchases, or when you apply for our private label credit card
• 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 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, such as your preferences, interests, sizing, and favorite brands
• We may also automatically collect certain information from you when you visit our Site, including information about your device, web browser and IP address. Additionally, as you browse the Site, we may collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site, such as what you click on, where you may encounter problems on the Site, and your keystrokes, movements of your mouse, and other patterns of use. This information helps us detect potential problems on our Site, analyze the functionality of the Site, and improve the user experience.

We may also collect:

• Voice recordings from calls with customer care
• Videos or photos when you visit our stores
• Information from your emails, texts, chats and voice calls with our sales associates

When you register with us as an online customer, you have the option of providing additional information, such as your favorite designers. During registration of your customer account, we process your personal data in order to finalize the order process, as well as customize your personal shopping experience. Your data may be transmitted to third parties for certain purposes, for example, to complete your current order or to third parties who assist Neiman Marcus with its marketing efforts, subject to applicable data privacy laws.

We are located in the United States. When you are located in the EEA and the United Kingdom, and provide your personal data to us to place an order online or to subscribe to receive marketing emails from us, your personal data will be transferred to us and may be transferred to the above-mentioned recipients in other jurisdictions which may not have data privacy laws equivalent to those in the EEA or the United Kingdom. By providing your personal data to us, you consent to the transfer of your personal data to us and other recipients described in this policy that are in countries outside of the EEA or the United Kingdom. You may withdraw your consent at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on consent before its withdrawal.

For customers based in the United States, when you visit this website, whether or not you are logged in or enter any personal information, our web server automatically collects information such as log data and IP addresses, and may collect general information concerning your location. For EEA and UK customers, such information is collected only where we have obtained your consent to do so. We may use this 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 and elect to be connected to our wireless network, we may automatically collect information about your geo-location based, in part, upon which wireless network has been accessed. When this happens we 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.

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.

V. How We Use the Information We Collect

Neiman Marcus may collect your personal data through lawful and transparent means, with explicit consent where required. The data we collect and process is necessary for the operation of our business, in our legitimate interest, and limited to the stated purpose.

We may collect information to:

• Complete your purchase transactions
• Provide the services you request, including responding to you when you request information
• Send you our catalogues and other marketing offerings
• 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
• Notify you of product recalls or provide other information concerning products you have purchased
• Improve our merchandise selections, customer service, and overall shopping experience
• Analyze the functionality of our website, detect and address problems with the website, improve the design of our website, and enhance the user experience.

Neiman Marcus does not subject you to decisions which might have a legal effect on you due solely to the automated processing of personal data.

Where we require your personal data to complete your purchase transactions, failure to provide such information may result in us being unable to complete your transactions.

For US residents, we undertake marketing only in compliance with the CAN-SPAM Act, the Telephone Consumer Protection Act, the California Consumer Privacy Act, and other applicable laws.

For EU residents, we undertake marketing only with your expressive affirmative consent and in compliance with applicable data privacy laws. EU residents will not be added to the marketing lists unless they have already provided such express affirmative consent.

VI. Others With Whom We Share Your Information

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

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 marketing and data collection; (d) provide us storage and analysis; (e) provide fraud prevention; and (f) 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, use the information only to perform their obligations in our agreements with them, and abide by applicable data privacy laws.

Other Companies: Neiman Marcus may partner with select vendors to market goods and services to you which, based on your preferences, we believe may be of interest. If you do not wish for your information to be shared with these carefully selected outside companies, you may email us at Privacy@NeimanMarcus.com or call toll-free at 1.866.908.1192.

Business Transitions: We may transfer or share Personal Information with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.

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.

VII. Your Choices Regarding Use of the Information We Collect

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

Emails: If you do not want to receive emails 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.

Direct Mail or Telephone Marketing: If you provided your email address to a sales associate and no long wish to receive in-store or omni-channel promotions, you can unsubscribe by clicking the "Unsubscribe" link at the bottom of the e-receipt, or the link provided at the bottom of an email sent by the sales associate. You may also email privacy@neimanmarcus.com.

These requests may also be made by calling our toll-free number: 1.866.908.1192.

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.

Neiman Marcus Text Messaging: To cancel text messaging to your mobile phone, reply STOP or text STOP to 67538.

Bergdorf Goodman Text Messaging: To cancel text messaging to your mobile phone, reply STOP or text STOP to 79401.

Furthermore, if you have an account with us, we provide you with the ability to update, modify and/or delete certain pieces of information. You may also write to us directly at privacy@neimanmarcus.com to request such changes.

VIII. Cookies, Web Beacons, and How We Use Them

Like most websites, our website uses small data files stored on your computer or mobile device called cookies. Cookies consist of two different types; session and persistent. Session cookies enable us to recognise your actions during the browsing session. Persistent cookies remain stored on your device after you close your browser until they expire or when you delete them.

Cookies and web beacons, typically a one-pixel image, used to pass information from your computer or mobile device to our website, enable us to provide you with great customer service, improvements to our website design, product assortments and special promotions by:

• keeping track of what you have in your shopping cart;
• remembering you when you return to visit our website;
• identifying the pages you click on during your visit to our website;
• the name of the website you visited immediately before clicking onto NeimanMarcus.com; and
• helping track whether our communications are reaching you, measuring their effectiveness and allowing us to better design future communications.

We use this information to improve our site design, product assortments, customer service, and special promotions. Certain of these cookies are strictly necessary to the access and operation of the website and other cookies used are non-essential to the access and operation of the website.

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, data management, or website troubleshooting and analytics. 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.

We use third party retargeting and remarketing features on our website. These technologies allow us to address internet users who previously visited the site by personalized advertising on our partners' websites. For this purpose, the retargeting or remarketing provider will store a cookie on your hard drive. Based on the cookie technology, anonymous user details will be stored - for example, the advertising you received from us or clicked, the products you viewed, or whether you made a purchase.

You may stop the use of the retargeting and/or remarketing feature by accessing the third-party providers' cookie opt-out pages via the following links:

Criteo: https://www.criteo.com/privacy
Digital Advertising Alliance Opt Out Tool: http://optout.aboutads.info
Google: https://support.google.com/ads/answer/2662922
Microsoft / Bing: https://account.microsoft.com/privacy/ad-settings
NAI Opt Out Tool: http://optout.networkadvertising.org
Rakuten: https://rakutenmarketing.com/legal-notices/services-privacy-policy/
RTBHouse: https://www.rtbhouse.com/optout-page

NMG websites use third party web analytics to monitor site and app traffic and visitor behaviors.

Google Analytics: To learn more about Google Analytics' privacy practices and any opt-out choices it offers, click here.

Adobe Analytics: To learn more about Adobe Analytics' privacy practices or to opt-out of cookies set to facilitate reporting by Adobe Analytics, click here.

Please note that your opt-out status may be maintained by placement of an "opt-out" cookie on your device. If the cookie is removed or deleted, or you upgrade to a new version of your browser, change browsers or visit us from a different device, you will need to repeat this process to indicate your preference.

We use social plugins of several providers on our website in the respective standard plugin:

• The Facebook ("Share") button of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The button is marked with the Facebook logo and Share icon.
• The social plugin of Twitter, operated by Twitter, Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. This button is marked with the Twitter logo.
• The social plugin of Weibo, operated by Weibo Corporation, No. 8 Sina Plaza, Courtyard 10, the West, XiBeiWang E. Road, HaiDian District, Beijing 100080, China. This button is marked by the Weibo logo.

When you access one of our websites containing any of the above plugins, the plugin provider may store a cookie in your browser. We have no control over the scope of the data collected by the provider by means of the plugin.

The plugins may provide their hosts with information such as the date and time of your visit to our website(s), your IP address, or the type of browser you use. If you are logged on to your account with the plugin provider while visiting our websites, the provider may match this information and any data you enter to your user account, should you interact with the plugins - for instance if you click the corresponding button on our website or post a comment. Your recommendations or comments may be displayed as information, together with your profile name and photograph, in the relevant provider's service - for instance in search results or in your user profile, or at other places on websites and in advertisements on the internet.

Even if you are not a member of the relevant provider's service, the provider may under certain circumstances nevertheless obtain and store your IP address. For the purpose and scope of data collection and further processing and use of your data by the provider, as well as your related rights and opt-out possibilities to protect your privacy, please see the privacy policies of Facebook, Twitter, Pinterest, Instagram, Weibo.

If you are a member of the relevant service and do not wish the service provider to collect data on you via our websites and connect them with the member data stored by the provider, you should log off your provider account before visiting our internet sites.

IX. 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.

While visiting our websites, 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.

X. EEA and UK Residents: Data Storage, Access, The Right to be Forgotten, and Dispute Resolution

We store personal data for different periods of time consistent with the purposes for which they were originally collected, as subsequently further authorized, or when required or allowed under applicable law.

EEA and UK residents have certain data subject rights which may be subject to limitations and/or restrictions. These rights may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; and (iii) the right to data portability. If you are an EEA and UK resident and wish to exercise one of the above-mentioned rights, please send us your request via email to: Privacy@NeimanMarcus.com.

Individuals in the EEA and the UK also have the right to lodge a complaint about the processing of their personal data with their local data protection authority. If you would like to contact our privacy protection representative, please contact us at Privacy@NeimanMarcus.com.

XI. Data Privacy Rights

Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, and Virginia may exercise the data privacy rights defined by applicable law by contacting us at Privacy@NeimanMarcus.com or 1.866.908.1192.

These rights vary by state and may include the following.

• The right to know about the personal information we collect about you and how it is used and shared.
• The right to correct inaccurate personal information that we have about you.
• The right to delete personal information collected from you (with some exceptions).
• The right to opt-out of the sale of your personal information and of the use of your personal information for targeted advertising.
• The right to obtain a copy of personal information in a usable, portable format.
• The right to appeal a decision we made about your privacy rights.

California residents may refer to our California Privacy Policy for more information.

Delaware, Iowa, Nebraska, and New Hampshire residents may exercise certain privacy rights beginning January 1, 2025.  New Jersey residents may exercise certain privacy rights beginning January 15, 2025.

XII. Data Controller

Neiman Marcus, One Marcus Square, 1618 Main Street, Dallas, Texas 75201 is responsible for your privacy protection and is the official service provider. If you have questions regarding our website, the following information, or if you would like to contact our privacy protection representative, please contact us at Privacy@NeimanMarcus.com.

XIII. Any questions?

Contact our privacy team at Privacy@NeimanMarcus.com 1.866.908.1192, or Attn: Credit Privacy, 1618 Main St, Dallas TX 75201.

Last Updated November 01, 2024

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This Privacy Policy explains how The Neiman Marcus Group LLC, which includes Neiman Marcus, Neiman Marcus Direct, Horchow, Last Call, and Bergdorf Goodman ("Neiman Marcus", "we", "us" or "our") collects personal information based on your interactions with us, our websites and mobile applications. This Policy applies to our collection and use of California residents' Personal Information, including where such use or collection may be governed by the California Consumer Privacy Act (CCPA).

This Policy does not cover information that is exempted from the privacy policy notification requirements of the CCPA, including information about employees and independent contractors, which we cover in separate notices; information about job applicants, and information processed exclusively in the context of a business person acting in a business capacity. Where exceptions to the CCPA apply to a request you submit, we will provide you with an explanation as to why.

I. Personal Information Collected in the Past 12 Months

We collect, process and store various types of Personal Information. For purposes of this Policy, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregate information, or public information lawfully available from governmental records.

The following chart describes the categories of Personal Information covered by this Policy that we may have collected in the past 12 months and, for each category, where and why we collected it, and the categories of entities with which we shared the Personal Information.

Additional Information About How We Collect and Share Your Personal Information

With respect to each of the categories of data above, we may also collect and share Personal Information with third parties to comply with legal obligations; when we believe in good faith that an applicable law requires it; at the request of governmental authorities or other third parties conducting an investigation; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of our business, third parties, visitors to our websites and mobile apps, or the public. We may also share Personal Information with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.

II. Personal Information We Will Continue to Collect About You and Why

We will continue to collect the same categories of Personal Information listed in the chart above, for the same purposes.

III. Rights Related to Personal Information Held by Us

Your Right to Request Disclosure of Information We Collect and Share About You

We are committed to ensuring that you know what Personal Information we collect. To that end, you can ask us for the categories and specific pieces of your Personal Information that we've collected about you, shared for a business purpose, or sold in the 12 months prior to our receipt of your request.

Your Right to Request Deletion of Personal Information We Have Collected From You

You have a right to request deletion of the Personal Information we collect from you. If you request that we delete your Personal Information, you will no longer receive marketing or other communications from us, except when necessary to provide you with a good or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.

Your Right to Ask Us Not to Sell Your Personal Information

You can always tell us not to sell your Personal Information. You can exercise this right by clicking on this link: Your Privacy Choices. This link will allow you to exercise your right to opt-out of the sale of your Personal Information under applicable law, and provide the mechanism for you to submit certain Personal Information we will use to verify your identity and the validity of your request.

Once we receive your request, we will not sell your Personal Information unless you later allow us to do so. We may ask for your permission to resume sale of your Personal Information at a later date, but we will wait at least 12 months before doing so.

California Shine The Light

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits California residents to annually request, free of charge, information about the Personal Information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year.

Our Commitment to Honoring Your Rights

We are committed to providing you with control over your Personal Information. If you exercise any of the rights explained in this Privacy Policy, we will continue to treat you fairly. If you exercise your rights under this Privacy Policy, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.

IV. Exercising Your Rights and How We Will Respond

To exercise any of the rights above, or to ask a question, contact us at 1-866-908-1192 or email us at Privacy@NeimanMarcus.com. When emailing us, please provide the following: full name, physical address, email address, telephone number, and the nature of your request.

For requests for access or deletion, we will provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request in certain jurisdictions or under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know.

We usually act on requests and provide information free of charge, but we may charge a reasonable fee to cover our administrative costs of providing the information in certain situations.

In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavor to provide you with an explanation as to why.

V. Verification of Identity - Access or Deletion Requests

Requests for Specific Pieces of Personal Information

If you make a request for specific pieces of personal information, we will ask you to provide the following: full name, physical address, email address, telephone number, so that we may verify your identity.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of the denial.

Requests for Categories of Personal Information Collected About You

If you make a request for categories of personal information, we will ask you to provide the following: full name, physical address, email address, telephone number, so they we may verify your identity.

If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of our denial.

Requests for Deletion of Personal Information We Have Collected From You

If we are unable to verify your identity with the degree of certainty required, we will notify you to explain the basis of our denial. Additionally, we will treat the request as a request to opt-out of the sale of your Personal Information.

Authorized Agents

You may designate an agent to submit requests on your behalf. The agent can be a natural person or a business entity that is registered with the California Secretary of State.

If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our agent verification process. You will be required to verify your identity by providing us with certain Personal Information as described above, depending on whether you hold an account with us or not and the nature of the information your require, which we will endeavour to match the information submitted to information we maintain about you. Additionally, we will require that you provide us with written confirmation that you have authorized the agent to act on your behalf, and the scope of that authorizationThe agent will be required to provide us with proof of the agency relationship, which may be a declaration attesting to the agent's identity and authorization by you to act on their behalf, signed under penalty of perjury. If the agent is a business entity, it will also need to submit evidence that it is registered and in good standing with the California Secretary of State. Information to identify and verify your agent can be submitted through the same mechanism and at the same time that you submit information to verify your identity.

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with California law pertaining to powers of attorney.

Requests for Household Information

There may be some types of Personal Information that can be associated with a household (a group of people living together in a single dwelling). Requests for access or deletion of household Personal Information must be made by each member of the household. We will verify each member of the household using the verification criteria explained above.

If we are unable to verify the identity of each household member with the degree of certainty required, we will not be able to respond to the request. We will notify you to explain the basis of our denial.

VI. Do Not Track Signals

"Do Not Track" is a privacy preference that users can set in certain web browsers. We do not respond to browser or do not track signals.

VII. Digital Marketing

If you are interested in learning more about and/or opting out of online behavioral advertising, sometimes called interest-based advertising, we encourage you to visit one of the advertising industry-developed opt-out pages, such as www.youradchoices.com or aboutads.info. Please refer to our cookie policy section of our global Privacy Policy for more information.

VIII. Personal Information of Minors

Protecting children's privacy is important to us. Our website is a general audience site. We do not knowingly collect or maintain or sell Personal Information from those we actually know are under 13 and no part of our website is targeted to attract anyone under 13. If the minor is less than 13 years old, we will obtain authorization from a parent or guardian. If the minor is between the ages of 13 and 16 years old, we will obtain authorization from the minor.

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.

VIII. How We Keep Your Personal Information Secure

We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process. Our reasonable security program is implemented and maintained in accordance with applicable law and relevant standards as outlined in the report issued by the California Attorney General in February 2016, available at https://oag.ca.gov/sites/all/files/agweb/pdfs/dbr/2016-data-breach-report.pdf. Specifically, among other safeguards, our reasonable security program implements and maintains all 20 of the Center for Internet Security's Critical Security Controls for Effective Cyber Defense identified in Appendix A of the California Attorney General Report. As noted in that report, "there is no perfect security," and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to developing, implementing, maintaining, monitoring and updating a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented. Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.

X. Changes to This Policy

We will review and update this Policy as required to keep current with rules and regulations, new technologies and security standards. We will post those changes on the website or update the Privacy Policy modification date below. In certain cases and if the changes are material, you will be notified via email or a notice on our website.

XI. Accessibility

We are committed to ensuring that our communications are accessible to people with disabilities. Please see our Website Accessibility Policy here.

XII. Contact Us

Contact our privacy team at Privacy@NeimanMarcus.com 1.866.908.1192, or Attn: Credit Privacy, 1618 Main St, Dallas TX 75201.

Last Updated Sep 01, 2023

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Neiman Marcus Group (NMG) works with suppliers to protect human rights in our value chain by implementing a responsible sourcing program that requires compliance with the applicable laws and regulations of the United States, and regulations of the respective country of manufacture and exportation, and NMG's own due diligence efforts. In accordance with the California Supply Chain Transparency Act, we take the following actions to ensure that human trafficking and slavery do not exist in our supply chain.

At a minimum, disclose to what extent, if any, that the retail seller or manufacturer engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. The disclosure shall specify if the verification was not conducted by a third party.

Verification:

To promote safe and legal working conditions in our supply chains that manufacture merchandise under our Neiman Marcus, Bergdorf Goodman, and Horchow brands, Neiman Marcus Group has developed a Supplier Code of Conduct that aligns with International Labor Organization (ILO) and Customs and Trade Partnership Against Terrorism (CTPAT) standards and addresses a myriad of topics, including forced labor, child labor, working hours, discrimination, freedom of association, health and safety, global diversity, and environmental sustainability. Neiman Marcus Group's private label suppliers are required to sign the Supplier Code of Conduct, which, among other things, requires them to disclose all owned and subcontracted manufacturing facilities used to produce Neiman Marcus, Bergdorf Goodman, and Horchow branded goods. Under this Code, vendors agree to comply with customary international standards and to inform all their workers across the globe of their rights. The Code also reminds vendors of their obligation to comply with all applicable national and local laws.

An independent third party engaged by Neiman Marcus Group (NMG) uses this information to conduct a segmentation exercise that evaluates factories' risk by several factors, including country-specific public domain indices covering topics like labor, health and safety, business ethics, and the environment. The results of this exercise are used to assign each supplier a risk rating that informs which audit-related compliance activities they must complete.

Audits

To help verify compliance with NMG's Supplier Code of Conduct, Neiman Marcus Group requires all imported Private Label suppliers who have signed the Supplier Code of Conduct to complete audit-related compliance activities based on risk assessment results.

Audits are conducted by an independent APSCA-certified auditor covering a range of topics and include worker interviews to better understand the working conditions at the facility. Audits are designed to evaluate, among other things, whether worker compensation is compliant with law.

Additionally, NMG regularly conducts CTPAT supply chain security audits (as part of the Customs and Trade Partnership Against Terrorism program) at our imported suppliers' facilities. Security auditors are trained to spot potential social compliance concerns (including indicators of forced labor) and to escalate them for further investigation by our independent third-party investigators. NMG makes clear to its suppliers that it will not tolerate, and will investigate, any human trafficking and slavery in the supply chain.

Certification

NMG requires all vendors, suppliers, third-party sellers, manufacturers, contractors, subcontractors, and their agents who conduct business directly with NMG to follow all applicable national and local laws in addition to customary international standards. Also, as noted above, all parties that manufacture merchandise under our Neiman Marcus, Bergdorf Goodman, and Horchow brands are required to sign the Supplier Code of Conduct as part of their agreement to do business with NMG, this Code includes a reminder of their compliance obligation.

The standard terms of NMG purchase orders require all vendors to ensure that all merchandise has been produced in compliance with applicable law, including the Fair Labor Standards Act of 1938, as amended, the Uyghur Forced Labor Prevention Act, and analogous laws, regulations, rules, or restrictions of any other country with jurisdiction over the vendor or merchandise. Company procedures and standards, including the Supplier Code of Conduct and the NMG Code of Ethics and Business Conduct, that are made available to all suppliers on our operations portal, prohibit the direct or indirect use of convict labor, forced labor, labor obtained by human trafficking and/or slavery, indentured labor under penal sanction, child labor in the manufacture (in whole or in part) of any products supplied to Neiman Marcus Group.

As noted above, Neiman Marcus Group also partners with suppliers on continuous improvement efforts that support them in exceeding minimum requirements and create a positive impact for workers. Example certification programs we encourage suppliers to explore include Fair Trade USA (FTUSA), Fairtrade International, and Reimagining Industry to Support Equality (RISE). For more information, visit Neiman Marcus and Bergdorf Goodman's “Fashioned for Change” and “Conscious Curation” edits.

Internal Accountability

We maintain standards and procedures for all associates in the Neiman Marcus Group Code of Ethics and Business Conduct, which directs employees to report any concerns about potential forced labor, among other things. Neiman Marcus Group is committed to upholding fundamental human rights and believes that human beings around the world should be treated with dignity, fairness, and respect. Importation of goods produced by illegally employed underage workers, convicts, or involuntary labor is prohibited.

Training

Neiman Marcus Group uses a digital learning platform to deliver social and environmental performance training to participating merchants and private label vendors, regarding human trafficking and human rights due diligence. Company personnel also attend conferences and trainings from groups like the Retail Industry Leaders Association, National Retail Federation, Global Fashion Agenda, and the American Apparel and Footwear Association to enhance internal awareness of emerging and established legislation and best practices related to labor and human rights issues.

Last Updated August 18, 2023

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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:

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

Last Updated January 23, 2019

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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 The Neiman Marcus Group LLC 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.

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

THIS “DISPUTES” SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT WE OR YOU WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN THE ARBITRATION PROCESS DESCRIBED IN THIS SECTION.

You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at 1618 Main Street, Dallas, Texas 75201, Attention: Chief Legal Officer, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days from receipt of this notice you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If we are unable to resolve the dispute through this mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, counterclaims or disputes between you, on the one hand and us or any agent of ours, on the other hand, will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, disputes that concern any relationship between you and us, your visit to or use of our website, or any products or services that we offer or that you purchase from us. Any of these disputes shall be submitted to confidential arbitration in Dallas, Texas, or such other location as a court of competent jurisdiction determines is appropriate, if it determines that Dallas, lTexas is not. 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.

WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. You agree that you may not consolidate your claim with a claim by any person or entity that is not a party to your original arbitration proceeding; and you and we agree that the arbitrator may not preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.

Any party to the arbitration may, at any time more than ten (10) days before the arbitration hearing, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with Federal Rule of Civil Procedure 68.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also each have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and us each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with us.

Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these " Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

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.

Last Updated March 28, 2023

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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.

2-Factor Authentication

You may set up 2-factor authentication for your Neiman Marcus account when registering for a new account or by signing in and visiting the My Account page. We'll text a one-time security code to your mobile phone for some logins, like your first login from a new computer. Message and data rates may apply.

To opt out of 2-factor authentication, click the "Remove" link next to the phone number on the account overview page. A one-time security code will be sent to the registered email address on the account to confirm it's you, and you will be opted out of 2-factor authentication after successfully entering the security code.

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 LLC 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.aspx.

Last Updated June 27, 2023

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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:

• Shop
• Stores
• Image Recognition Service
• NM Connect
• InCircle
• Wish List
• Touch ID
• Express Checkout
• Help

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.

"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.
"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.
"Payment Credentials" means your credit card, debit, prepaid card number(s) or other information necessary for Payment Card acceptance at the point-of-sale.
"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);

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 CustomerCareNM@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.
You may set up 2-factor authentication for your Neiman Marcus account when registering for a new account or by signing in and visiting the My Account page. We'll text a one-time security code to your mobile phone for some logins, like your first login from a new computer. Message and data rates may apply.
To opt out of 2-factor authentication, press the "Remove" link next to the phone number on the account overview page. A one-time security code will be sent to the registered email address on the account to confirm it's you, and you will be opted out of 2-factor authentication after successfully entering the security code.

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 products that you take using your Supported Device to access the NM Mobile Site or on which the NM App is stored. We take these photos, compare them against products we have for sale, and, through the NM Mobile site and/or NM App, provide you with information regarding products we sell that are similar to the products 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 products with the permission of the product 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 products 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.

Image Recognition Service Last Updated September 15, 2015.

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.

16. Touch ID.
Touch ID uses your fingerprint instead of a password to verify your identity when you log in or make a purchase. To use it, your device must be compatible with Touch ID and you must enable it on your device. Neiman Marcus is not responsible for the performance or security of your device or any hardware or software. You are solely responsible for keeping your login and credentials private and secure.

17. Express Checkout.
Express Checkout allows users to purchase a single item of merchandise through an expedited check-out process. By enabling Express Checkout, you agree that your payment method may be charged and your purchase completed by way of the Express Checkout process. Express Checkout is available only for purchases originating from and shipping to the Continental United States.

Part Three:
Additional Legal Terms

18. 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.

19. 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.
The NM App and its Services may not be used in connection with the sale of any illegal goods or services or any other illegal transaction.

20. 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.

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. Disputes.
THIS “DISPUTES” SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT WE OR YOU WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN THE ARBITRATION PROCESS DESCRIBED IN THIS SECTION.
You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at 1618 Main Street, Dallas, Texas 75201, Attention: Chief Legal Officer, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days from receipt of this notice you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If we are unable to resolve the dispute through this mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, counterclaims or disputes between you, on the one hand and us or any agent of ours, on the other hand, will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, disputes that concern any relationship between you and us, your visit to or use of our website, or any products or services that we offer or that you purchase from us. Any of these disputes shall be submitted to confidential arbitration in Dallas, Texas, or such other location as a court of competent jurisdiction determines is appropriate, if it determines that Dallas, lTexas is not. 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.
WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. You agree that you may not consolidate your claim with a claim by any person or entity that is not a party to your original arbitration proceeding; and you and we agree that the arbitrator may not preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.
Any party to the arbitration may, at any time more than ten (10) days before the arbitration hearing, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with Federal Rule of Civil Procedure 68.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also each have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and us each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with us.
Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your dispute might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Counsel for the claimants and our counsel shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters through mediation at this time, then each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, and we will pay the mediator's fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section regarding “Disputes” from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these " Mass Arbitration Process Requirements," you and we agree that your and our counsel shall engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

31. 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.

32. 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 CustomerCareNM@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.

33. 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.

34. Notice.
Notice to Neiman Marcus must be sent by postal mail to: PO Box 729080, Dallas, TX 75372 or by email to CustomerCareNM@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.

35. 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.

36. 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.

37. 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 CustomerCareNM@neimanmarcus.com.

Last Updated June 27, 2023

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