TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND OR THE ASSOCIATED MOBILE APPLICATIONS HENCE FORTH COLLECTIVELY REFERRED TO AS (APPS).

BY ACCESSING APPS, YOU (MEMBER) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AND INCORPORATED HEREIN.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE APPS.

 

Welcome to MoLo Rewards, Inc.  The following Terms and Conditions of Use ("Terms of Use") describe the terms on which MoLo Rewards, Inc., Inc. offers you access to its services.  This offer is conditioned on your agreement to all of the terms and conditions contained in these Terms of Use.

By using Sites or APPS, you agree to the following:

 

1) Compliance with MoLo Rewards, Inc., Inc.' Policies and with All Applicable Laws

You agree that you alone are responsible for your actions and the content of your postings on APPS.  You agree to comply with any and all regulations, policies, and procedures of APPS, and to all applicable local, state, national, and international laws and regulations that relate to your use of or activities on the APPS. By making use of APPS and agreeing to these terms of service you also agree in whole to the MoLo Rewards, Inc. PRIVACY POLICY.

2) Certification that You are at Least 13 Years of Age

In order you use APPS, you must be at least 13 years old.  These services are not directed to children under the age of 13.  MoLo Rewards, Inc. will not knowingly collect personally identifiable information on or through APPS from anyone under 13.  By signing up for a user account and by using APPS, you certify that you are 13 years of age or older.

 

3) Points

MoLo Rewards or other third party points and or rewards will accrue as a result of use of APPS via the prescribed methods. Value of points and the number of points issued per eligible dollar spent or activity are subject to change without notice at the sole discretion of MoLo Rewards, Inc.

1. Points accrued in your program account for any given year will be carried forward on each enrollment date anniversary, provided all other conditions set forth herein have been met.
2. Points accrued in any program account do not constitute property of the Member and are not transferable by operation of law or otherwise to any person or entity and cannot be transferred to any other account unless explicitly proved by MoLo Rewards, Inc.
3. MoLo Rewards may, in its discretion, change the rewards  program rules, regulations, rewards and special offers at any time with or without notice
4. Credits posted to your Linked Accounts, including those arising from returned goods or services, will reduce the points accrued in your program account. Reductions in points may also be occur due to specific activity or inactivity on the part of Member. 
5. Permitted returns of items purchased with points that cause a credit on your account will result in a point deduction.
6. You may purchase points at a value to be determined exclusively by MoLo Rewards. Any points purchased are not subject to returns or exchanges.
7. You may transfer points to other Members. Any points transferred are not subject to return and or exchange. All transfers are final and the sole responsibility of the Member initiating the transfer.

 

4) Annual fees

There is no cash based annual fee for participation in the program, unless as otherwise provided. However, on the anniversary of you creating a Member Account any points in your account that are unused will be subject to a ten percent (10%) fee. That is your points will be reduced by ten percent (10%) automatically allowing you to roll over your remaining unused points to the following calendar year.

 

5) Point forfeiture

1. All points in your Member Account may be forfeited if you don’t use your account every 12 months, specifically if you don’t buy a deal, buy from an online partner store or use a coupon your points will expire.
2. Points may be subject to forfeiture in the event any items having been purchased by the Member and are subsequently returned by the Member, points otherwise earned are subject to forfeiture.

 

6) Point forfeiture for account cancelation

1. If for any reason we cancel any Member Account (including because of your death, bankruptcy or insolvency), any points accrued in your program account will be forfeited. If we reinstate the Member Account(s) within one year of cancellation, any points accrued in your program account may be redeemed for a reward, provided all other conditions set forth herein have been met.
2. If you cancel a Member Account, all points accrued in the program account will be forfeited immediately.
3. If any Member Account is not in good standing, your enrollment in the program may be canceled or the points accrued in your program account forfeited.

7) Rewards

1. All rewards are subject to availability. Certain rewards are available only during certain time periods. Certain restrictions apply to rewards. Terms and conditions of each reward are set forth in program communications (including program website) and/or on the Certificates and Gift Cards. Merchants participating in the program are subject to change. Some rewards have limited availability.
2. Once accrued points in your program account have been redeemed for a reward, the points cannot be converted back into your program account.
3. Redeemed rewards are not refundable, exchangeable, replaceable, redeemable or transferable for cash, credit, other rewards or points under any circumstances.
4. By redeeming rewards, you release MoLo Rewards, Inc.  and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of rewards or other participation in the program.
5. Rewards must be redeemed in accordance with program communications. MoLo Rewards, Inc. and participating Merchants are not responsible for replacing lost, stolen or mutilated Certificates, tickets or Gift Cards.
6. We reserve the right to modify or cancel any reward at any time.
7. Some rewards and/or Certificates and Gift Cards require an additional charge for shipping and handling.
8. Please note any special instructions or restrictions as you request your redemption. All rewards are available while quantities last. Product specifications are subject to change without notice and all product orders are subject to product availability. You will be notified if the item you have ordered is not available and when it will become available. We reserve the right to substitute items of equal or greater value. Items ordered at the same time may arrive separately. We will ship the model pictured or the most current comparable model available (we are not responsible for typographical or pictorial errors). Items shown were the latest models available at the time of printing.
9. We cannot deliver to PO, APO or FPO boxes. Merchandise rewards can only be shipped to addresses in the 48 contiguous United States. If you want to ship to an address other than your billing address, please advise the representative at the time you place your order. Items ordered at the same time may arrive separately.
10. Most product rewards may be returned or exchanged within 30 days of delivery unless otherwise specified. Please contact the vendor shipping the product as detailed in the shipping label for exchange or return instructions.

 

TERMS OF SALE – DEALS, MOBILE COUPONS, ONLINE COUPONS

 

8) Gift cards and certificates (“Deals”)

By placing an Order, you make an offer to us to purchase the gift card and or certificate  hence forth refered to as “Deal”, you have selected on the terms and conditions stated herein. For more information, please view our privacy policy.

You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.

The Deal you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not MoLo Rewards, is the seller of the goods and services. MoLo Rewards sells a Deal that can be redeemed in connection with your purchase of the goods or services from Merchant.

1. Deals are valid at participating Merchants only through the expiration date printed on the front of the Deal, except as otherwise provided by applicable law. Expiration for Certificates and Gift Cards varies by Merchant.
2. Acceptance of Deals is the sole responsibility of the participating Merchant, not MoLo Rewards Inc. No photocopies of Deals will be honored.
3. Deals are not valid toward previous purchases and cannot be used as payment on existing account balances with either the participating Merchant or MoLo Rewards Inc.
4. Deals have no cash value and may not be redeemed for cash or its equivalent, and any unused portion will not be returned as cash unless a Deal states otherwise.
5. Deals are transferable unless otherwise noted on the Deal.
6. Deals are void where prohibited by law.
7. Unless otherwise stated on the Deal, Deals for rewards offered do not include any federal, state or local taxes, which are your sole responsibility at time of redemption.
8. If applicable, Deals do not include gratuities.

9) Terms and Conditions for Restaurant-Specific Deals

For this section, Restaurant shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of MoLo Rewards Deals.

1. Redemption frequency is determined by restaurants, and shall be contained in the Deal offer on MoLo Rewards.
2. Use of Restaurant-Specific Deals for alcoholic beverages is at the sole discretion of the restaurant. Restaurant agrees to comply with all state laws pertaining to the same.
3. It is at the discretion of the restaurant to determine whether MoLo Rewards Deals can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
4. Restaurant-Specific Deals cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
5. Valid for dine in only unless otherwise stated.
6. The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
7. Neither the seller nor the restaurant is responsible for lost or stolen Deals or restaurant Deal reference numbers.
8. Reproduction, sale or trade of this Restaurant-Specific Deal is prohibited unless done so in compliance with the law.
9. Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific deak void.
10. Void to the extent prohibited by law.
11. Expire on the date specified on the MoLo Rewards Deal, except where otherwise prohibited by law.

10) Terms and Conditions for Non-Restaurant Merchant Certificates

1. Merchant Deals may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
2. Limit one (1) Deal per redemption. Only one Deal can be used per order unless otherwise specified by Merchant.
3. The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
4. Neither the seller nor the Merchant is responsible for lost or stolen Deals or Deal reference numbers.
5. Deals cannot be combined with any other gift certificates, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
6. Reproduction, sale or trade of this Deals is prohibited unless done so in compliance with the law.
7. Any attempted redemption not consistent with these terms and conditions will render the Deal null and void.
8. Void to the extent prohibited by law.
9. Expires on the date specified on the MoLo Rewards Deal, except where otherwise prohibited by law.

11) Additional Terms and Conditions for All MoLo Rewards Products

All Deals printed from the MoLo Reward APPS (hereinafter “Deals”) are promotional Deals that are offered to customers below their face value and shall be subject to the terms and conditions of MoLo Rewards and the participating Restaurant or Merchant. The Merchant is the seller of the goods or services which you are purchasing.

The holder and issuer of a Restaurant-Specific Deals is the restaurant. The holder and issuer of a Merchant Deals is the Merchant. As a holder and issuer of the Deal, the restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Deals. Restaurant-Specific Deals and Merchant Deals are redeemable in their entirety only and may not be redeemed incrementally.

According to the laws of the respective states in which you purchased your Deal, and in which you wish to redeem your Deal at the Merchant, the Merchant is responsible for allowing you to redeem your Deal for the cash value based on the money you actually paid for your Deal (i.e. if you paid $20 for a Deal which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Deal. While the expiration date on the Deal dictates the last date that you can use your Deal at Merchant for the promotional offer which is stated on the Deal, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Deal for a period of time beyond the expiration date stated on the Deal. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of MoLo Rewards, as MoLo Rewards is not the Merchant, has no obligations of the Merchant, and is merely selling the promotional Deal on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.

In the event the Merchant goes bankrupt and or insolvent making use and redemption of any Deal impossible prior to the expiration of the Deal, MoLo Rewards will handle refunds for Deals on a case by case basis. Merchant however, assumes all liability for refunding any unused Deals in the event of bankruptcy and or insolvency. Returns on any purchased Deals likewise are handled on a case by case basis. Please direct any refund requests directly to support@molorewards.com

12) MoLo Rewards, Inc. "MoLo points" is a limited license right available for purchase or free distribution at MoLo Rewards, Inc. discretion, and is not redeemable for monetary value from MoLo Rewards, Inc.

13) MoLo Rewards, Inc is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at MoLo Rewards, Inc sole discretion.

1.       MoLo Rewards, Inc reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that MoLo Rewards, Inc will not be liable for any interruption of the Service, delay or failure to perform, and you understand that you shall not be entitled to any refunds of fees for interruption of service or failure to perform. MoLo Rewards, Inc has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion.

 

14) Modifications to the Terms of Use

MoLo Rewards, Inc. may, at any time and in its sole discretion, amend these Terms of Use.  MoLo Rewards, Inc. will provide notice of any modifications by posting the amended Terms of Use to this website at the same location where the prior Terms of Use were posted.  Any modifications shall become effective immediately upon posting.  By continuing to use the MoLo Rewards, Inc. website or APPS after such modifications are posted, you acknowledge and accept the modifications, and agree to be bound by the amended Terms of Use.

 

15) No Warranty or Liability

This website or APPS and all information, products, and services available through this website or APPS are provided on an "as is" and "as available" basis.  MoLo Rewards, Inc. will in no event have any liability for any malfunction or disruption of the website or APPS.  Under no circumstances including, without limitation, negligence, shall MoLo Rewards, Inc. or its affiliates be liable for any claim by any party for indirect, incidental, special, consequential, punitive, or exemplary damages relating to this website or APPS or associated products, even if MoLo Rewards, Inc. or its affiliates or licensors have been advised of the possibility of such damages.

 

16) Copyright and Other Proprietary Rights

The contents of the MoLo Rewards, Inc. website or APPS including, without limitation, text, graphics, design, images, photographs, video, music, sound, user interfaces, databases, and software, and their selection, co-ordination, and arrangement (collectively, the "Content"), are protected by copyright under both United States and foreign laws.  You acknowledge and agree that MoLo Rewards, Inc. and/or third parties are the owners of the Content and other intellectual property incorporated into the MoLo Rewards, Inc. website or APPS including, without limitation, all inventions, processes, methods, and other technology incorporated in or embodied by this website or APPS, and all trademarks, service marks, logos, symbols, domain names, and any other source-identifying devices used or displayed on or in connection with the website or APPS (collectively, the "Trademarks"), including any goodwill associated with the use of such Trademarks.  MoLo Rewards, Inc. retains all right, title and interest in and to the Content, all copies thereof, and all intellectual property rights related to or embodied by any of the foregoing including, without limitation, copyright, trademark, trade secret, patent, and other proprietary rights.

You may not reverse-engineer, disassemble, or decompile any software included in the Content.  You may not modify, sell, assign, or transfer the Content.  You may not reproduce, republish, frame, display, publicly perform, distribute, or otherwise make use of the Content for any commercial purpose.  However, you are permitted to download, print, and perform Content for your own personal uses only (and not for resale or sublicensing) provided that: (a) any such uses are not competitive with or derogatory to MoLo Rewards, Inc., and (b) you must keep all copyright or other proprietary notices intact without alteration.  This limited permission may be revoked at any time and does not include permission to publish or display Content or any derivative work based on Content on any other internet, intranet, or extranet site or to incorporate the Content in any database or other compilation.  You are strictly prohibited from using, copying, modifying, displaying, performing or distributing this website's or APPS Content or any derivative work based on such Content other than as expressly permitted herein.

 

17) User-Provided Content and Submissions to Interactive Areas

MoLo Rewards, Inc. may provide interactive forums, chat rooms, news groups, bulletin boards and other interactive areas ("Interactive Areas that otherwise constitute "Improper and Prohibited Uses" as delineated below; however, MoLo Rewards, Inc. shall in no way be obligated to do so.  MoLo Rewards, Inc. has no liability or responsibility to you, or to any other person or entity, for the performance or nonperformance of any of the aforementioned screening or removal activities. 

MoLo Rewards, Inc. reserves the right to terminate your access to any or all Interactive Area at any time, with or without notice, in the exercise of its sole discretion.  In consideration for being allowed to use the Interactive Areas, you agree not to engage in any of the activities listed below under "Improper and Prohibited Uses" of this website or APPS.

 

18) Mobile

There are features of the MoLo Rewards, Inc. Service that may be accessible via certain mobile carriers and or devices (the "APPS"). Your carrier's normal messaging, data and other rates and fees will apply. By using the APPS, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of the APPS may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information on the MoLo Rewards Service to ensure proper account data and details.

 

19) Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to MoLo Rewards, Inc.  ("Submissions"), are non-confidential and non-proprietary. MoLo Rewards, Inc. will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

20) Improper and Prohibited Uses

The following actions shall constitute a material breach of these Terms of Use.  In using this website or APPS, you agree not to:

 

1) Use any of the Interactive Areas for any purpose in violation of local, state, national, or international laws;

2) Post or otherwise disseminate material that violates or infringes on any third party's intellectual property rights (including but not limited to patent, copyright, trademark, or trade secret) or on the privacy or publicity rights of others;

3) Post or otherwise disseminate material that is unlawful, obscene, defamatory, threatening, offensive, harassing, abusive, hateful, libelous, tortious, or embarrassing to another website or APPS user, or any other person or entity, as determined by MoLo Rewards, Inc. at its sole discretion;

4) Post or otherwise disseminate material that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation, or that is otherwise objectionable including, without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone, as determined by MoLo Rewards, Inc. at its sole discretion;

5) Post comments that are not related to the topic being discussed (unless it is clear the discussion is free form) or that otherwise disrupt the normal flow of dialogue, after receiving a warning from MoLo Rewards, Inc. that your comments are inappropriate to the discussion;

6) Post advertisements or solicitations of business;

7) Post chain letters or pyramid schemes;

8) Post the same note more than once (i.e., "spamming"e, supply, availability, terms of sale, or any other competitively sensitive topics.

 

21) Termination of Access and Account

MoLo Rewards, Inc. may, at its sole discretion, immediately terminate your access to the website or APPS without notice.  MoLo Rewards, Inc. shall not be liable to you or to any third party for termination of your right to use the website or APPS.  If you object to any provision of these Terms of Use or become dissatisfied with the website or APPS in any way, you agree that your only recourse is to discontinue your use of this website or APPS. In the event that MoLo Rewards, Inc. suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused MoLo Points, any license or subscription fees, any content or data associated with your Account, or for anything else.

 

22) Internet and Mobile Service

You are responsible for obtaining and paying all fees associated with your internet and mobile phone service used to access and utilize the services provided by MoLo Rewards, Inc.

 

22) User Disputes; Complaints

You agree not to hold MoLo Rewards, Inc. responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the MoLo Rewards, Inc.  Service. This includes transactions conducted on the MoLo Rewards, Inc. Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the MoLo Rewards, Inc. Service, you release MoLo Rewards, Inc. and its directors, officers, employees and agents (collectively, the " MoLo Rewards, Inc. Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that the MoLo Rewards, Inc. Service or MoLo Rewards, Inc. business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of MoLo Rewards, Inc. legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the MoLo Rewards, Inc. Service is unfair, fraudulent or unlawful with respect to that issue.

 

23) Indemnity

You agree to indemnify and hold MoLo Rewards, Inc. Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the MoLo Rewards, Inc. Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. MoLo Rewards, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MoLo Rewards, Inc., and you agree to cooperate with MoLo Rewards, Inc. defense of these Claims.

 

24) Use at Your Risk; Indemnity

MoLo Rewards, Inc. enhances your experience by incorporating elements of your real-world environment into the APPS for your GPS/LBS-enabled phone.  As a result, our or APPS can be affected by your physical location.  You understand and agree that you are responsible for use all APPS safely.  In particular, you must be very careful whenever traveling as part of any APPS.  You acknowledge that MoLo Rewards, Inc. has no control over, and is not liable for, your conduct in using any APPS.  You will be responsible if you or anyone else is injured or killed while you are using a APPS or because any property is damaged while you are using a APPS.  Accordingly, you agree to indemnify MoLo Rewards, Inc. and any person or entity affiliated with MoLo Rewards, Inc. and any of their respective employees, officers, directors, suppliers, contractors, developers, distributors, licensors or licensees (collectively, the "MoLo Rewards, Inc. Parties) from and to hold them harmless with respect to any loss, damage, claim, cost (including reasonable attorneys' and expert fees), expense or liability associated with or arising out of or in connection with any suit or claim against any MoLo Rewards, Inc. Parties relating to the injury or death of any person or the damage of any property caused by your using of any or APPS.

 

25) General Disclaimers

USE OF THE MOLO REWARDS, INC. SERVICE IS AT YOUR OWN RISK. THE MOLO REWARDS, INC. SERVICE, MOLO REWARDS, INC. SITES, APPS AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE MOLO REWARDS, INC. SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOLO REWARDS, INC., ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MOLO REWARDS, INC., ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE MOLO REWARDS, INC. SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MOLO REWARDS, INC. SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOLO REWARDS, INC. IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE MOLO REWARDS, INC. SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

1. Fraud or abuse relating to the accrual of points or redemption of rewards may result in forfeiture of accrued points as well as cancellation of your Member account.
2. The program is intended to be a service provided to an individual, not a company. It is therefore considered fraudulent and abusive for any individual or company to direct, encourage or allow a Corporate, Business or other individuals to use a single Member account for the purpose of accumulating Membership Rewards points for company use.
3. All questions or disputes regarding eligibility for the program, eligibility of points for accrual, conversion of points or redemptions of rewards will be resolved by MoLo Rewards, Inc. at its sole discretion.
4. The determination of tax liability for any federal, state or local taxes (as may be applicable) arising out of the accrual or conversion of points or redemption of rewards in the program shall be your sole responsibility.
5. We are not responsible for typographical errors and/or photographic errors and/or omissions in this brochure.
6. This brochure and these Terms & Conditions supersede all previous Membership Rewards program brochures and Terms & Conditions.
7. These Terms & Conditions are governed by and construed under the laws (excluding conflicts of law provisions) of New York.

 

26) Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MOLO REWARDS, INC.  ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITES AND OR APPS, OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH MOLO REWARDS, INC. EVEN IF MOLO REWARDS, INC.  OR A MOLO REWARDS, INC.  AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MOLO REWARDS’, INC. LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF MOLO REWARDS, INC. ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MOLO REWARDS’ SERVICE, INCLUDING BUT NOT LIMITED WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE MOLO REWARDS, INC. SERVICE, SITE, APPS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MOLO REWARDS, INC. DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

27) Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of New York applicable to contracts entered into and performed in the State of New York by residents thereof.  You irrevocably consent to the personal jurisdiction of and to venue in the courts located in the State of New York which courts shall have exclusive jurisdiction over disputes arising out of these Terms of Use, except that such jurisdiction shall be nonexclusive with respect to indemnification or similar claims brought by MoLo Rewards, Inc. or its affiliates arising from or in connection with third-party claims.  You agree that that any and all disputes brought by you are to be tried without a jury to the maximum extent permitted under applicable law.

You agree that any dispute against MoLo Rewards, Inc. arising from or in connection with the use of this website must be filed within one year after it arose.  Any claims not filed within one year are waived, and will be permanently barred.

 

28) No Obligation to Continue Website or APPS

The Content of this website or APPS is subject to change without notice at the editorial discretion of MoLo Rewards, Inc..  At any time, MoLo Rewards, Inc. may terminate, change, suspend, or discontinue any aspect of the website or APPS, temporarily or permanently, without notice to you.  MoLo Rewards, Inc. is not obligated to continue to support or update the website or APPS.  MoLo Rewards, Inc. may impose limits on certain features or services or restrict your access to parts or all of this website or APPS.  You acknowledge and agree that MoLo Rewards, Inc. and its affiliates shall not be liable to you or to any third party in the event that MoLo Rewards, Inc. exercises any of these rights.

 

29) No Waiver

MoLo Rewards, Inc.' failure or delay in exercising or enforcing any right, power, or remedy under the Terms and Conditions shall not operate as a waiver or relinquishment of any right, power, or remedy.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

 

30) Delegation

MoLo Rewards, Inc. reserves the right to delegate, contract for, or otherwise transfer any or all of its obligations or functions to a third party. You may not delegate or otherwise assign any of your obligations and/or rights under these Terms of Use to any other person or entity without the prior written consent of MoLo Rewards, Inc.

 

31) Headings Not Part of the Agreement

The headings contained in these Terms of Use are for convenience only and are not to be used in interpreting these Terms of Use.

 

32) Entire Agreement

These Terms of Use, documents referenced herein, and any modifications hereto constitute the entire agreement between you and MoLo Rewards, Inc. with respect to your use of the website or APPS and any software or Content, and the purchase of any products on this website or APPS.  These Terms of Use supersede all prior understandings and agreements, whether written or oral, as to the subject matter of the Terms of Use.  However, nothing in these Terms of Use affects your relationship or agreement with your cellular telephone carrier.

 

33) Severability

The provisions of these Terms of Use are severable.  In the event any provision of these Terms of Use shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions herein.

 

34) MoLo Rewards, Inc. is a service provider, which means, among other things, that MoLo Rewards, Inc. does not control various aspects of the Service.

 

35) Effective Date, Date last modified

This Privacy Policy is effective as of February 1^st, 2009
This Privacy Policy was last modified on May 18^th, 2010