Moolala, Inc. (“Moolala”, “we, or “us”) maintains the website located at www.Moolala.com (the “Site”) through which Moolala makes available various content and services, and through which Moolala facilitates the sale of vouchers (“Vouchers”) by third-party merchants (“Merchants”) that are redeemable for goods or services from the Merchants or other third parties (“Merchant Products”). Moolala also allows users who register on the Site and agree to the Membership Agreement and Rewards Plan (“Members”) to receive rewards payments as described in the Rewards Plan. Moolala permits you to use and access the Site, purchase Vouchers, and receive rewards payments subject to, and only in accordance with, the terms and conditions below (the “Terms”). The terms “you” and “your”, as used in these Terms, refer to all individuals and/or entities accessing this Site for any reason. These Terms affect your rights and you should read them carefully.
- Acceptance of the Terms. By accessing or using the Site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. Although you may “bookmark” a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to these Terms. If you have any question about your obligations under these Terms, please email Moolala at legal@Moolala.com.
- Changes and Updates to These Terms. Moolala may change these Terms without prior notice. All changes to these Terms are effective immediately upon publication to the Site. We will notify you, either by emailing you at the email address you provided us or by posting a notice on the Site’s homepage for 30 days, whenever we make a material change to these Terms. However, it is your responsibility to check these Terms periodically for changes. By continuing to use the Site after the posting of any changes, you agree to be bound by the Terms as modified. Your access and use of the Site is subject to the most current version of these Terms.
- Right to Enter the Site. As long as you comply with these Terms, Moolala grants you a personal, non-exclusive, non-transferable, limited permission to enter and use the Site. Any unauthorized use of the Site terminates the permission granted by Moolala to enter and use the Site. No person under the age of 13 may use the site, and no person under the age of 18 may use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children.
- Ownership and Use of Materials. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site or in emails sent to you by Moolala (collectively, “Materials”) are owned, controlled or licensed by or to Moolala, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the Site under these Terms as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms. Moolala reserves the right to revoke at any time the authorization to view, download and print the Materials available via this Site, and you must discontinue such use immediately upon notice from Moolala.
- Access Limits. Without Moolala’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Materials, lists of users, or other information.
- Registration Information; Security. To purchase Vouchers or to invite your friends to join Moolala you will be required to register. When you register you will select a username and password. You agree that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate it is your responsibility to update your registration. If Moolala has reasonable grounds to believe that your registration information is untrue, inaccurate, incomplete, or outdated, Moolala may suspend or terminate your use of the Site. Moolala may disallow the use of any username that Moolala deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through usernames and passwords selected by you. You agree to immediately notify Moolala of any unauthorized use of your username or password.
- Electronic Communications. If you register on the Site or sign up to receive emails about Vouchers, you hereby authorize Moolala to send electronic mail to you for the purpose of advising you of changes or additions to this Site, about available Vouchers, and about any other products or services provided by Moolala, Merchants, or other Moolala affiliates. If you do not want to receive these emails from Moolala, you may contact Moolala at legal@Moolala.com to remove your email address from the mailing list.
- Terms of Sale of Vouchers. Once you have registered on the Site you can purchase Vouchers from Merchants through the Site. The Vouchers are promotional vouchers that can redeemed from Merchants for discounted merchandise or services (“Merchant Products”) in accordance with the terms of the offer (the “Deal Terms”) and these Terms. The following additional terms apply to the purchase and use of Vouchers:
(a) Restrictions. Except to the extent prohibited by law, the following restrictions apply to the purchase and use of vouchers: (i) vouchers may not be used for shipping and handling fees, prior balances, tips, or taxes as applicable; (ii) only one Voucher may be used per order or visit, and may not be combined with any other offers, discounts, promotions or certificates unless expressly permitted by the Merchant; (iii) if a Merchant sells alcohol, use of the Voucher is subject to Merchant’s discretion (as limited by applicable law); (iv) neither Moolala, nor Merchants, are responsible for lost or stolen Vouchers; (v) unless expressly set forth in the Deal Terms, Vouchers do not include sales, use or value added tax, which may be collected by Merchant when the Voucher is redeemed; (vi) duplication, sale or trade of Vouchers is not permitted; and (vii) except to the extent required by law, there is no cash value for Vouchers, and no cash back will issued for partial redemptions of Vouchers, (viii) all Vouchers are void to the extent prohibited by applicable law.
(b) Refunds. General Policy: Moolala guarantees a seven (7) day, no-questions-asked refund on unredeemed/unused vouchers. After seven (7) days, a Moolala Paymatrix Credit may be issued to be used toward future Moolala purchases. After 14 days, refunds will be handled on a case-by-case basis.
(c) Merchant Responsibility. All purchases and uses of Vouchers is subject to these Terms. While Moolala facilitates the sale of the Vouchers, the Merchants are solely responsible for the fulfillment of the Vouchers and for the Merchant Products. Merchants shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Vouchers and Merchant Product, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. YOU HEREBY RELEASE MOOLALA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM, AND WAIVE, ANY CLAIM, LIABILITIES, DAMAGES, OR INJURY ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF A MERCHANT, IN CONNECTION WITH (I) A VOUCHER, THE MERCHANT INFORMATION, OR THE MERCHANT PRODUCT OR (II) COMPLIANCE WITH LAW RELATING TO THE REDEMPTION OF THE VOUCHERS SUCH AS LAWS RELATING TO UNCLAIMED PROPERTY, GIFT CARDS, COUPONS, AND VOUCHERS.
- Rewards Program. Moolala allows Members to earn rewards payments as described in the Membership Agreement and Rewards Plan. Your ability to earn rewards payments is contingent upon your acceptance of the Membership Agreement, including the Rewards Plan.
- User Obligations. You agree NOT to do any of the following while using the Site or the Vouchers:
- Violate any applicable law, regulation, or the Terms;
- Access, tamper with, or use non-public or non-authorized reas of the Site;
- Tamper with postings of other users;
- Solicit or gather any user's information available from the Site, such as other users' names and email addresses, or to transmit any unsolicited advertising, “junk mail”, “spam” or “chain letters”;
- Impersonate or misrepresent your affiliation with any person or entity or create a false identity for purposes of misleading others;
- Post false or misleading information;
- Post or transmit any content that infringes a third party's Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Moolala or other users, or otherwise objectionable;
- Violate any other policies stated on the Site;
- Repeat any action after you receive a warning or request from Moolala to stop, whether or not that action is explicitly prohibited in policies. This includes continuing to use the Site under the same account, a different account, or reregistering under a new account after your account has been temporarily suspended, indefinitely suspended, or terminated;
- Market any goods or services for any business or commercial purpose (including advertising) other as expressly approved by Moolala; or
- Fail to respond to an email from Moolala regarding a violation, dispute or complaint.
- You will use good judgment when posting information, comments, or other User Content regarding other users, Moolala, or any other third party. You agree to use extra care when disclosing any personally identifiable information about yourself or others when you post or otherwise submit any User Content on the Site. You may be held legally responsible for damages suffered by other users, Moolala, or other third parties as a result of legally actionable or defamatory comments, other comments or information, or User Content that you post to the Site. Moolala is not legally responsible for any comments, information, or other User Content posted or made available on the Site by any user or third party, even if such information or User Content is defamatory or otherwise legally actionable. Moolala is not responsible for and does not monitor or censor User Content for accuracy or reliability. Moolala, however, may remove or restrict access to information or User Content posted or made available on the Site by its users or any third party if ordered to do so by a court or if Moolala considers such information or User Content to be in violation of these Terms or posted rules or policies.
- Links to External Sites. Moolala provides links on the Site to other independent websites on the Internet that are owned and operated by third party vendors or other third parties not under the control of Moolala. These links are not intended as an endorsement by Moolala of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using this Site, you acknowledge that Moolala is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of, or reliance on, any such content, goods or services available on or through any such site or resource.
- Accuracy of Information on the Site. Moolala attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that Moolala will not be liable or responsible for any damage or loss caused by, or in connection with, the use of, or reliance on, any information on the Site, including the information regarding Merchant Products (“Product Information”). If you find any information on the Site to be inaccurate, please alert Moolala at legal@Moolala.com.
- Termination. Moolala may terminate your use of or access to the Site for any reason or no reason at all, including if we believe that you have violated or acted inconsistently with these Terms. Moolala may also modify or discontinue providing the Site, or any part thereof, with or without notice. Moolala is not liable to you or any third-party for any termination of your access to the Site, any modification or termination of the Site, or any resulting loss in data. Moolala may also terminate your Moolala membership as set forth in the Membership Agreement.
- No Warranty; Disclaimers. THE SITE, THE VOUCHERS, THE MERCHANT PRODUCTS, AND THE PRODUCT INFORMATION ARE PROVIDED “AS IS,” AND MOOLALA AND ITS SUPPLIERS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MOOLALA DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOOLALA OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOOLALA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MOOLALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE, THE VOUCHERS, THE MERCHANT PRODUCTS, THE PRODUCT INFOIRMATION, OR THESE TERMS IN AN AMOUNT GREATER THAN U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
- Dealings with Advertisers or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners, including the Merchants, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser, Merchant or partner. You agree that Moolala is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers, Merchants or partners on the Site.
- Intellectual Property. All Materials are the property of Moolala or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, Moolala does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Moolala or its licensors, and protected by U.S. and international intellectual property laws, including copyright laws. All software used on this Site is the property of Moolala, or its software suppliers, and protected by U.S. and international intellectual property laws, including copyright laws. “Moolala” and associated Moolala design, and any other Moolala graphics, logos and service names are trademarks of Moolala. All other marks contained on this Site are the property of the parties indicated.
- Indemnity. You agree to indemnify, defend and hold Moolala, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to (a) any violation by you of these Terms, (b) your use of the Site, (c) User Content that you submit, post to, or transmit through the Site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties advertising or promoting via the Site, including Merchants.
- Notice and Procedure for Making Claims of Copyright Infringement. If you have a claim of copyright infringement, you must send proper written notification under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) to the following Designated Agent:
Attn: Designated Copyright Agent
3303 Northland Drive, Suite 205
Austin, Texas 78731
- The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. Moolala has no obligation to respond to any notification that does not comply with the DMCA.
- Void Where Prohibited. The Site is controlled, operated and administered by Moolala from its offices in Austin, TX, U.S.A. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States (including without limitation the sale of Vouchers or the ability to earn reward payments). Moolala reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.
- Choice of Law; Dispute Resolution. All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in Austin, Texas using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in Austin, Texas, using Texas’ laws (without regard to Texas’ rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Austin, Texas.
- Moolala reserves the right to remove or reclaim a Site Code in our sole discretion (such as when a Site Code: infringes on the rights of any third party; impersonates Moolala or other members; deliberately causes confusion; is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate).
- Deal images may be stock photography and may not represent the final Merchant Products purchased.
The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Moolala in writing.
You may not use any meta tags or any other “hidden text” utilizing Moolala’s name, trademarks, or service marks without the express written permission of Moolala. You may not use any Moolala logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from Moolala. When you use the Site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Site in any manner that is inconsistent with, or in violation of, applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
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