1.  INTRODUCTION

Welcome to MONDE, Inc. ( DBA MySavingsMall.com.) and/or its affiliates ("MySavingsMall") provide website features and other products and services to you when you visit or shop at MySavingsMall.com, use MySavingsMall products or services, use MySavingsMall applications for mobile, or use software provided by MySavingsMall in connection with any of the foregoing (collectively, " MySavingsMall Services"). MySavingsMall provides the MySavingsMall Services subject to the following conditions. 

2. USE OF THE MySavingsMall SITES

You certify that the information you provide on the MySavingsMall Sites is accurate and complete.  You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify MySavingsMall immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the MySavingsMall Sites, or any portion of the MySavingsMall Sites, at any time without notice.

MySavingsMall and its affiliates have no liability to you for content on the MySavingsMall Sites that you find offensive, indecent, or objectionable.  Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only.  By ordering an age restricted item, you certify that you satisfy the age restrictions.

We sell products for children’s use; however, these products are intended for selling to adults.  If you are under the age of majority in your jurisdiction, you may use the MySavingsMall Sites only with involvement of a parent or guardian.  Individuals may use the MySavingsMall Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.

You are prohibited from:

  • Violating or attempting to violate the security of the MySavingsMall Sites;

  • Using any device, software, or routine to interfere or attempt to interfere with the proper working of the MySavingsMall Sites; or

  • Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by MySavingsMall or other third party web browsers) to navigate or search the MySavingsMall Sites.  

 

3. CONTENT SUBMISSION

MySavingsMall allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the MySavingsMall Sites (“Content”).  Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.  

A.     License Grant for Submitted Content

If you make any submission to the MySavingsMall Sites, you automatically grant, or warrant that the owner of such content has expressly granted MySavingsMall, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  MySavingsMall may sublicense its rights through multiple tiers of sublicenses.  You should not submit any Content to us that you do not wish to license to us.  MySavingsMall is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant MySavingsMall the right to use the name that you submit in connection with any Content.

B.     Prohibited Content

You represent and warrant that you will not submit the following Content:

a)     Content that is false, inaccurate, or misleading;
b)     Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c)     Content that violates any local, state, federal, or international laws;
d)     Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e)     Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MySavingsMall in its sole discretion;
f)     Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from MySavingsMall;
g)     Chain letters or pyramid schemes;
h)     Content that impersonates another business, person or entity, including MySavingsMall, its related entities, employees and agents;
i)     Content that contains viruses or other harmful computer code;
j)     Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k)     Content that you were compensated or granted any compensation by any third party unless otherwise authorized by MySavingsMall in writing; or
l)     Content that violates any policy posted on the MySavingsMall Sites, or interferes with the use of the MySavingsMall Sites by others.

Although MySavingsMall cannot monitor all Content, you understand that MySavingsMall shall have the right, but not the obligation, to monitor the Content of the MySavingsMall Sites to determine compliance with this Agreement and any other operating rules that may be established by MySavingsMall from time to time.  MySavingsMall shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the MySavingsMall Sites for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify MySavingsMall and its affiliates for all claims resulting from any Content you submit.

 

4. THIRD PARTY SITES

References on MySavingsMall Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services.  MySavingsMall is not responsible for the content of any third party linked site or any link contained in a linked site.  Your use of a third-party site linked from a MySavingsMall Site is at your own risk and will be governed by such third party's terms and policies.

 

5. PRICING and BILLING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on MySavingsMall and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on MySavingsMall.

With respect to items sold by MySavingsMall, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by MySavingsMall is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. 

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  MySavingsMall may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  You will not be charged for most orders until the order has shipped.  Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

MySavingsMall reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.  We will notify you should such limits be applied.  MySavingsMall also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.  For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from MySavingsMall for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

6. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

 

7. YOUR ACCOUNT

You may need your own MySavingsMall account to use certain MySavingsMall Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MySavingsMall does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MySavingsMall Services only with involvement of a parent or guardian. Alcohol listings on MySavingsMall are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. MySavingsMall reserves the right to refuse service, terminate accounts, terminate your rights to use MySavingsMall Services, remove or edit content, or cancel orders in its sole discretion.

8. PRODUCT DESCRIPTION

MySavingsMall attempts to be as accurate as possible. However, MySavingsMall does not warrant that product descriptions or other content of any MySavingsMall Service is accurate, complete, reliable, current, or error-free. If a product offered by MySavingsMall itself is not as described, your sole remedy is to return it in unused condition.

 

9. SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by MySavingsMall or its subsidiaries and affiliates ("MySavingsMall") or are the property of their respective owners. Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:

(1) placing an order with MySavingsMall; or Affiliate’s websites

(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.

Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of MySavingsMall or the applicable copyright owner.

Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of MySavingsMall, is strictly prohibited.

If you choose to leave this Site via links to other non-MySavingsMall sites, MySavingsMall is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because MySavingsMall does not control non- MySavingsMall sites or the products advertised therein, you acknowledge and agree that MySavingsMall is not responsible for the availability of such non- MySavingsMall sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non- MySavingsMall site, product or service be construed as an approval or endorsement by MySavingsMall of such site, product or service. Please see our Privacy Policy for further details.

 

10. DISCLAIMER OF WARRANTY PROMOTIONAL

MYSAVINGSMALL IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH MYSAVINGSMALL BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, MYSAVINGSMALL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.

 

11. DISCLAIMER OF LIABILITY

IN NO EVENT SHALL MYSAVINGSMALL BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, DAMAGES), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF MYSAVINGSMALL’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. 

In an effort to provide our customers with the most current information, MySavingsMall will, from time to time, make changes in the Contents and in the products or services described on this Site.

You agree to indemnify and hold MySavingsMall (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.

 

12. DISPUTES

Any dispute or claim relating in any way to your use of any MySavingsMall Service, or to any products or services sold or distributed by MySavingsMall or through MySavingsMall.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

13. CHANGES OF TERMS OF USE

MySavingsMall may change these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms of Use on the MySavingsMall website or texting you notification of the changes. Your use of the MySavingsMall website as well as your participation in the Program following any changes to these Terms of Use will constitute your acceptance of such changes prospectively from the date of such changes.

 

14. APPLICABLE LAW

By using any MySavingsMall Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Wyoming, 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 MySavingsMall.

Our Mailing Address:

MONDE, Inc. / MySavingsMall

2863 West 95th Suite 143-150

Naperville, IL 60564